American History: Life After the Declaration of Independence

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Recommended: Critique of Declaration of Independence

Introduction
Since the Declaration of Independence was drafted founding itself on individual privileges and choice, happiness and democracy, a multitude of concerns have kindled the rights disputes that we see making law an active and continually growing and interesting area of interest today. Issues arose included women suffrage, civil equality, slavery, the ability to hold a religious forum, along with many others. And, though the context and times have significantly changed with these concerns there still remains a constant struggle between state, religion, and schools. Prayer in public schools is still a topic of conversation. The giving of religious gifts to administrators and the funding of schools through tax-payer monies are just two latest allegations heard by the court system in recent years (McFarlane, 2012). The concept is found in the First Amendment, which states:
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances (University of Indiana Bloomington, 2012).

The Amendment does not contain the literal phrase separation of church and state, so where does the concept of separation of church and state generate if it is not located within the US Constitution? In particular, how does the concept apply to higher education?
Historical Background
Becoming the third President of the United States in 1800, Thomas Jefferson ran the breadth of his campaign focusing on religious freedoms (Hemmer, 2009). Receiving a letter of support from a group of Baptists in Danbury, Connecticut, Jefferson wrote a reply l...

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...y. Franklin Business & Law Journal, (3), 81–90.

National Women's Legal Council, The Lilly Ledbetter Act of 2009: Emerging Issues (2011), Retrieved from http://www.nwlc.org/resource/lilly-ledbetter-act-2009-emerging-issues

The Secularization of Scholarship in American Higher Education. (2007). ASHE Higher Education Report, 33(2), 7–25. Retrieved from http://proxy1.ncu.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=ehh&AN=26633349&site=eds-live

University of Indiana Bloomington, S. of L. (2012). The Declaration of Independence of the Thirteen Colonies. School of Law, Indiana University Bloomington. Retrieved from http://www.law.indiana.edu/uslawdocs/declaration.html

Wallace, D., & King, P. (2013). EEOC VS. higher education: Recent laws and interpretations impacting faculty discrimination. Journal of Legal, Ethical & Regulatory Issues, 16, 1–7.

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