The Founding Fathers created 3 branches of government, each intended to be a counterbalance against the other two. The legislative and executive are subject to the will of the people through elections. The judiciary is not. The reason the founders created a judiciary that would not be subject to elections and where they serve for life was to ensure that they would decide the constitutionality of federal laws impartially and be free from political pressure.
The phrase “separation of church and state” is not in the Declaration of Independence or the Constitution. It was used by President Thomas Jefferson in 1802 in a letter to the Baptist Association in Danbury, Connecticut. In his letter, Jefferson assured the Baptists that the government could not interfere with their denomination’s form of worship because of ‘a wall of separation of church and state.’
Since the end of World War 2, America has been turned - a step at a time - from a Representative Republic into a Judicial dictatorship..
In 1947, in the case Everson v. Board of Educatlon, the Supreme Court declared, “‘The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach.” The “separation of church and state” phrase which they invoked, and which has today become so familiar, was taken from an exchange of letters between President Thomas Jefferson and the Baptist Association of Danbury, Connecticut, shortly after Jefferson became President.
The Supreme Court decided that public morality is an insufficient basis to sustain a law.