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"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...." Is the basis for it in the first amendment. "Separation of church and state" was used in a letter by Jefferson in regards to different clauses in the first amendment, to assure the Baptists that this would basically help protect them.
This clause has been clarified since by the Supreme court, and we won't get in to all the political stuff about how polygamy is illegal if it is a religious thing.
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Now, a clever man would put the poison into his own goblet, because he would know that only a great fool would reach for what he was given. I am not a great fool, so I can clearly not choose the wine in front of you. But you must have known I was not a great fool, you would have counted on it, so I can clearly not choose the wine in front of me.
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