IntroductionSince the Declaration of Independence was written on the basis of individual privilege and choice, happiness and democracy, a multitude of concerns have been stoked the conflicts of rights that we believe make law an active, ever-growing and interesting area of ​​interest today. Issues raised included women's right to vote, civil equality, slavery, the possibility of holding a religious forum, among others. And although the context and times have changed considerably due to these concerns, a constant struggle remains between the state, religion and school. Prayer in public schools is always a topic of conversation. Giving religious gifts to administrators and funding schools with taxpayer dollars are just two of the latest allegations heard by the justice 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 restrict freedom of expression or of the press; or the right of the people peaceably to assemble and to seek redress from the government (Indiana University Bloomington, 2012). The amendment does not contain the literal phrase separation of church and state, so where does the concept of separation fit in? of Church and State if it is not in the American Constitution? In particular, how does the concept apply to higher education? Historical Context Becoming the third president of the United States in 1800, Thomas Jefferson ran most 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 response in middle of paper ......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 American higher education. (2007). ASHE Report on Higher Education, 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-liveUniversity 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.htmlWallace, D. and King, P. (2013). EEOC VS. higher education: recent laws and interpretations impacting discrimination among professors. Journal of Legal, Ethical and Regulatory Issues, 16, 1–7.