The Constitution And God: A Reference Guide

The inclusion of religious references in legal texts is a topic of debate, with some countries choosing to include invocations or nominations of a deity in their constitutions, while others opt for a secular approach. This variation often reflects the religious diversity and beliefs of the country's founders and the role they wish religion to play in the state. While some nations, particularly those with established churches, include explicit references to God, others, like the United States Constitution, make no direct mention of God, instead using phrases like the year of our Lord. The absence of religious references in the US Constitution, in contrast to the Declaration of Independence, has sparked discussions about the role of religion in the state and the intentions of the Founding Fathers.

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The US Constitution and God

The US Constitution does not make a direct reference to God. However, it does use the formula "the year of our Lord" in Article VII, and the word "religion" appears twice. Firstly, the Constitution forbids any religious test for public office. Secondly, the First Amendment states that "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof". These sixteen words have become the charter of religious freedom in America.

The absence of a direct reference to God in the US Constitution is notable, especially when compared to the Declaration of Independence, which mentions God four times and states that rights come from the Creator. The Founding Fathers, who were mostly firm believers in God, began the Constitution with the words "We, the people of the United States". By the time of the Revolution, religion was widely viewed as a matter of individual choice, and the Constitution reflected this diversity by promoting no particular sect and remaining neutral on theological issues.

The state constitutions, however, are a different story. God or the divine is referenced in every state constitution, with 34 of them referring to God more than once. For example, the Delaware preamble states: "Through Divine goodness, all people have by nature the rights of worshiping and serving their Creator according to the dictates of their consciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and in general of obtaining objects suitable to their condition, without injury by one to another".

The references to God in the state constitutions reinforce the idea of God-given liberties and the belief in a higher law beyond human authority. This tension between federal and state interpretations of religious references in legal documents is a complex issue that continues to be debated and interpreted by legal scholars and the public alike.

State constitutions and God

The US Constitution never explicitly mentions God or the divine. However, this does not hold true for the nation's state constitutions. According to a Pew Research Center analysis, God or the divine is mentioned at least once in each of the 50 state constitutions, with nearly 200 mentions overall. All but four state constitutions—Colorado, Iowa, Hawaii, and Washington—use the word "God" at least once.

The constitutions of Colorado, Iowa, and Washington refer to a "Supreme Being" or "Supreme Ruler of the Universe," while Hawaii's constitution mentions the divine in its preamble, which states that the people of Hawaii are "grateful for Divine Guidance." Most state constitutions (34) refer to God more than once. Of the 116 times the word appears in state constitutions, eight are in the Massachusetts constitution, and New Hampshire and Vermont have six references each. In addition to the 116 mentions of God, there are also 14 mentions of a "Supreme or Sovereign Being," seven mentions of the "Creator," three mentions of "providence," four mentions of "divine," and 46 instances of the word "almighty."

The inclusion of references to God in state constitutions has sparked debate, with some questioning whether these references violate the "separation of church and state." However, it is important to note that the US Constitution does not include the phrase "separation of church and state." Instead, it guarantees that Congress will "make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

The presence of religious references in state constitutions can be understood within the historical context of the country's founding. America's founders generally welcomed religion in the public square, and the Declaration of Independence, which includes four religious references, sets a precedent for acknowledging the divine in founding documents. Additionally, the concept of rights being God-given was central to the founding principles of the nation.

Furthermore, in countries with a long constitutional history and a heritage of shared religious faith, references to God in an otherwise secular constitution can be interpreted as serving a historical function, perpetuating the tradition of invocationes dei in older constitutions and establishing the general conception of statehood.

European constitutions and God

References to God, or invocationes dei, are found in the constitutions of several nations, most often in the preamble. A reference to God in a legal text is called invocatio dei ('invocation of God') if the text itself is proclaimed in the name of the deity. A reference to God in another context is called nominatio dei ('naming of God'). Such references are found in several European constitutional traditions, reflecting the strong position of established churches in those countries and the tradition of invoking God in legal documents. Treaties between Christian nations customarily began with an invocation of God until the late 19th century. When written constitutions became the norm for modern states in the 19th century, several European states carried this tradition over to their founding documents, while others, notably laicist states like France, did not, so as to preserve the state's religious neutrality.

In Europe, only five of the 27 European Union member states' constitutions include the word "God" in their texts. These include Germany, whose preamble states: "Conscious of their responsibility before God and man, animated by this will [...], the German people have adopted, by virtue of their constituent power, this Basic Law." The inclusion of a nominatio dei was hotly debated in the preparation of the preamble to the proposed European Constitution, but the governments of the member states ultimately failed to reach a consensus for a reference to Christianity. The French constitution is an example of absolute laicism, a political system that excludes any ecclesiastical influence or control. "Freedom, equality and brotherliness" represent the collective ideal of the French people, with the first Article explaining that "France is an indivisible, secular, democratic and social republic."

When the newly independent nations of Eastern Europe and Asia adopted new democratic constitutions in the early 1990s following the fall of the Soviet Union, they took varying approaches to mentioning God. The majority of these new constitutions, including those of all ex-Soviet republics and dependent states except Hungary and Ukraine, made no mention of the supernatural in their preambles. Instead, they referred to secular values such as "liberty, justice, and law" (Estonia) or "the generally accepted principles in the modern world" (Croatia). The 1997 Polish constitution's preamble is considered a good compromise for the EU treaty, stating: "We -- the Polish nation -- that is both those who believe in God as the source of truth, justice, good and beauty, as well as those not sharing such faith, but respecting those universal values as arising from other sources [...]."

While the United States federal constitution does not explicitly mention God, it uses the formula "the year of our Lord" in Article VII. Additionally, several state constitutions refer to a "Supreme Being" or "Supreme Ruler of the Universe," and Hawaii's constitution mentions "Divine Guidance" in its preamble. The Declaration of Independence, on the other hand, contains several references to God, such as "Nature's God" and "Supreme Judge," reflecting the religious diversity of 18th-century America and the view of religion as a matter of individual choice.

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Religion in schools

The US Constitution does not explicitly mention God. However, it does use the formula "the year of our Lord" in Article VII. The absence of direct references to God in the US Constitution is notable, especially when compared to other countries' constitutions, which often include "invocationes dei" or "nominatio dei".

The First Amendment to the US Constitution is particularly relevant to the topic of religion in schools. It prevents the government from establishing a religion and protects religious exercise and expression from government interference. This amendment has been interpreted by the Supreme Court to mean that public schools may not prescribe prayers to be recited by students or school authorities. This is known as the Establishment Clause, which prohibits even neutral government assistance for all religions. However, it does not require schools to be religion-free zones, and students, teachers, and school officials are allowed to express their private religious beliefs. Schools must maintain neutrality among faiths and cannot promote or disparage religious observance by students.

The role of religion in public schools has been a highly disputed and frequently misunderstood issue in the US. While the Supreme Court has clarified that the Constitution prohibits public school-sponsored prayer or religious indoctrination, violations still occur in many parts of the country. Organizations like the ACLU work to protect students' religious freedom by curbing school-sponsored prayer while ensuring that students can freely express their faith.

In addition to prayer and religious expression, the teaching of religious content in schools must also be handled carefully. While public schools may teach about religious holidays and their religious aspects, they may not observe these holidays as religious events. Similarly, schools may allow student choirs to perform music inspired by religious themes, as long as it is not performed as a religious exercise or used to promote a particular religion.

Religion in the founding of America

The United States Constitution does not contain any direct references to God. However, it does use the formula "the year of our Lord" in Article VII. The word "religion" appears only twice in the Constitution. Firstly, when it forbids any religious test for public office, and secondly, in the First Amendment, which states that "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof".

The absence of religious references in the Constitution stands in contrast to the Declaration of Independence, which mentions God four times and asserts that people have God-given rights. The Founding Fathers, who drafted the Constitution, were influenced by the diverse religious landscape of 18th-century America, which included Puritans, Baptists, and Quakers, among others. They recognised that religion was widely viewed as a matter of individual choice and sought to promote religious freedom by keeping the Constitution secular.

However, it is important to note that God or the divine is referenced in every state constitution. For example, the Delaware preamble refers to "the good providence of God", while the Massachusetts constitution mentions God eight times. In total, there are 116 mentions of God in state constitutions, along with references to a “Supreme or Sovereign Being”, the "Creator", "providence", the "divine", and the "Almighty".

The role of religion in the founding of America has been a subject of debate, with some arguing that the Founding Fathers intended to create a separation between church and state, while others highlight the religious convictions of the Founding Fathers and the presence of religious references in other founding documents such as the Declaration of Independence.

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