troll,

The separation of church and state is Thomas Jefferson's prescription. The Constitution states that Congress shall make no "law respecting an establishment of religion, or prohibiting the free exercise thereof".

Penumbra is usually used to argue things like the right to privacy. Btw

It also says that "The judicial power shall extend to all cases, in law and equity, arising under this Constitution"

Madison interpreted that to include ruling whether laws are constitutional and what the intent of the words mean. It is one of the ground rules.

Given that, the Court has interpreted that to mean that there is and should be, a clear separation of church and state. Its another of the rules. You may or may like them, or agree with them, but if you believe in America as a Nation of Law, you play by the rules.

The Supreme Court can reverse itself, the constitution can be amended. Until then, the separation is part of our law.

Regards

John