The Declaration of Independence is seen as that document that established the new nation of the United States. It was written by Thomas Jefferson in 1776. It was signed by the Continental Congress and sent to King George III of England. It is a very eloquent document that is celebrated every July 4, but it is not the law of the land. It is a statement of sentiments directed to King George III in reaction to unfair taxation. The U.S. Constitution was ratified on March 4, 1789 -- thirteen years after the signing of the Declaration of Independence.
The Declaration of Independence refers to "the Creator:"
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.The Declaration of Independence is not a legal document; it is not the U.S. Constitution. Foes of the principle of separation of church and state often refer to the word "Creator" in the Declaration of Independence as proof that the framers of the U.S. Constitution intended for the United States to be ruled by a soveriegn being. Nothing could be further from the truth. The United States Constitution was written and ratified by elected officials representing a coalition of Enlightenment rationalists and evangelical Christians who were deeply concerned about entanglements between religion and government.
"It is true that the literal phrase 'separation of church and state' does not appear in the Constitution, but that does not mean the concept isn't there. The First Amendment says "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof...."
What does that mean? A little history is helpful: In an 1802 letter to the Danbury (Conn.) Baptist Association, Thomas Jefferson, then president, declared that the American people through the First Amendment had erected a "wall of separation between church and state." (Colonial religious liberty pioneer Roger Williams used a similar phrase 150 years earlier.)
Jefferson, however, was not the only leading figure of the post-revolutionary period to use the term separation. James Madison, considered to be the Father of the Constitution, said in an 1819 letter, "[T]he number, the industry and the morality of the priesthood, and the devotion of the people have been manifestly increased by the total separation of the church and state." In an earlier, undated essay (probably early 1800s), Madison wrote, "Strongly guarded...is the separation between religion and government in the Constitution of the United States."
As eminent church-state scholar Leo Pfeffer notes in his book, Church, State and Freedom, "It is true, of course, that the phrase 'separation of church and state' does not appear in the Constitution. But it was inevitable that some convenient term should come into existence to verbalize a principle so clearly and widely held by the American people....[T]he right to a fair trial is generally accepted to be a constitutional principle; yet the term 'fair trial' is not found in the Constitution. To bring the point even closer home, who would deny that 'religious liberty' is a constitutional principle? Yet that phrase too is not in the Constitution. The universal acceptance which all these terms, including 'separation of church and state,' have received in America would seem to confirm rather than disparage their reality as basic American democratic principles."
Thus, it is entirely appropriate to speak of the "constitutional principle of church-state separation" since that phrase summarizes what the First Amendment's religion clauses do-they separate church and state.
Religious Right activists have tried for decades to make light of Jefferson's "wall of separation" response to the Danbury Baptists, attempting to dismiss it as a hastily written note designed to win the favor of a political constituency. But a glance at the history surrounding the letter shows they are simply wrong.
As church-state scholar Pfeffer points out, Jefferson clearly saw the letter as an opportunity to make a major pronouncement on church and state. Before sending the missive, Jefferson had it reviewed by Levi Lincoln, his attorney general. Jefferson told Lincoln he viewed the response as a way of "sowing useful truths and principles among the people, which might germinate and become rooted among their political tenets."
Excerpts taken from: http://www.theocracywatch.org/separation_church_state2.htm