Topic: Religion and the state: how far apart a constitution puts them
How does United States mark Religion and the state: how far apart a constitution puts them?
Everyday topic
The main body of the United States constitution says almost nothing about religion; the provision that matters is the first of the Bill of Rights. The First Amendment opens: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof — one sentence containing two clauses, later named the Establishment Clause and the Free Exercise Clause, and nearly every American constitutional argument about religion and government plays out in the tension between them. Three things are worth noticing. First, the subject of the sentence is Congress — not the government, not the state; what the text restrains is the legislature. Second, it shares a single sentence with speech, press, assembly and petition: religion is not an article of its own but the first item in a run of expressive freedoms. Third, the word "separation" does not appear; that phrasing comes from a later interpretive tradition, not from the text. Compared with the itemised prohibitions of Japan's Article 20, the American version is shorter and more abstract — and therefore leaves the drawing of the line to the courts.
What is this topic?
The very first line of Article 29 of Indonesia's constitution is that the state is based upon belief in the One and Only God. Brazil's Article 19 runs the other way, forbidding the Union, the states and the municipalities to establish religions, subsidise them, or maintain relations of dependence or alliance with them. Japan's Article 20 goes further into detail — no religious organisation may take privileges from the state, and public authorities are kept out of religious teaching and observance altogether — with Article 89 barring public money from religious bodies. The American First Amendment says Congress shall make no law respecting an establishment of religion. China's Article 36 guarantees freedom of belief but protects "normal religious activities" and states that religious affairs are not subject to foreign domination. India's preamble calls the republic secular, while Article 25 includes the right to *propagate* religion. Taiwan's Article 13 is seven characters long: the people have freedom of religious belief.
Sources and dates
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