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States invent their precedents, standards and customs upon ratification of statehood?

The common law, in which we are talking about, is adopted by the states but was made up in England starting in the 1100's. The states had nothing to do with creation of common law. The common law can be changed or rejected by statute. Example is that under common law there was no tort cause of action for wrongful death, so unless there was a statute which allowed suit for wrongful death, there was no way to sue for wrongful death because it was not a cause under the common law. However, negligence was a common law tort, thus, you don't have to have a statute to sue for negligence.

The words "Separation of Church and State" can not be found in our Constitution. That phrases simplifices - and incorrectly states - what the Founding Fathers intended.

They intended freedom OF religion, not freedom FROM religion. One merely needs to look at what they said to know this - several examples are listed below.

John Adams said:
"Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government ofany other."

Noah Webster said:
"In my view, the Christian religion is the most important and one of the first things in which all children, under a free government ought to be instructed....No truth is more evident to my mind than that the Christian religion must be the basis of any government intended to secure the rights and privileges of a free people."

Abigail Adams said:
"A patriot without religion in my estimation is as great a paradox as an honest Man without the fear of God. Is it possible that he whom no moral obligations bind, can have any real Good Will towards Men?"

Benjamin Franklin:
"A Bible and a newspaper in every house, a good school in every district--all studied and appreciated as they merit--are the principal support of virtue, morality, and civil liberty."

Thomas Jefferson:
"The only foundation for useful education in a republic is to be laid in religion."