Eleanor Finch
The topic of whether a constitution's power is derived from God is a highly debated subject, with various arguments for and against this notion. Some argue that the inclusion of God in a constitution serves to legitimize governmental power by declaring it to be exercised according to God's will. On the other hand, others contend that references to God in a constitution challenge secular authority by acknowledging the inherent limitations of human law and power. While some countries' constitutions, such as Ireland and Canada, explicitly mention God, others, like the United States Constitution, do not contain explicit references to God, Jesus Christ, or Christianity, leaving room for interpretation. The absence of religious tests in the Bill of Rights further complicates the discussion. Ultimately, the role of religion in government and its influence on constitutional power remains a complex and contentious issue.
| Characteristics | Values |
|---|---|
| Purpose of references to God in constitutions | Legitimizing the state, expressing governmental support for a specific religion, challenging the state through reference to suprapositive law and common values |
| References to God in constitutions | Found in the constitutions of several nations, most often in the preamble; notably in several European constitutional traditions and in the constitutions of Islamic countries |
| Treaties between Christian nations | Customarily began with an invocation of God until the late 19th century |
| European states | Carried over the tradition of invoking God in their founding documents |
| Countries whose constitutions do not make reference to God | Norway, Luxembourg, Iceland, Italy, Portugal, Spain, United States (at the federal level) |
| References to God in state constitutions in the US | 34 state constitutions refer to God more than once; Massachusetts has 8 references, New Hampshire and Vermont have 6 each |
| States with no reference to God in their constitutions | Colorado, Iowa, Hawaii, and Washington |
| States with religious tests for statewide office | 11 of the original 13 states; some states still have these on the books today |
| First Amendment | Prohibits the establishment of a national church and requires religious neutrality from the state |
| Religious heritage | The United States was not intended to be a Christian nation, but a nation whose government is designed to let religion thrive according to the beliefs of its citizens |
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What You'll Learn
The role of religion in the United States
The United States is a fairly religious nation, with around half of Americans identifying as Protestants, and a quarter as Catholics. The country has historically been strongly Christian, with Protestantism being the dominant form of religion, and the so-called "White Anglo-Saxon Protestants" dominating society, culture, and politics for much of its history. The "Protestant work ethic" has long influenced American society, politics, and work culture.
The US Constitution, ratified in 1788, does not make any explicit mention of God or religion, except in Article Six, which specifies that "No religious test shall ever be required as a Qualification to any Office or public Trust under the United States". This was further reinforced by the First Amendment, which states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This amendment has played a central role in defining the relationship between the federal government and the free exercise of religion.
However, it is important to note that the concept of rights being God-given was prevalent among the Founding Fathers, and this is reflected in the state constitutions. All but four state constitutions refer to God at least once, and some explicitly prohibit non-believers from holding public office. These bans, however, are generally not enforced due to the interpretation that they violate the US Constitution's prohibition on religious tests for public office.
The role of religion in the US has evolved over time. While the nation has become more secular in recent years, with around 26% declaring themselves "unaffiliated" with any religion, religious-based moral positions continue to play a significant role in politics, particularly on issues like abortion and homosexuality. The US also stands out among its peer nations for its religiosity, with 65% of Americans saying religion is an important part of their daily lives, compared to lower percentages in other democratic, industrialized nations.
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References to God in state constitutions
References to God or the divine 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 a deity. A reference to God in another context is called nominatio dei ("naming of God").
In ancient times and the Middle Ages, gods or God were normally invoked in contracts to guarantee the agreements made. 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 France and states influenced by it, did not, so as to preserve the state's religious neutrality. Some European countries whose constitutions do not make reference to God include Norway (1814), Luxembourg (1868/1972), Iceland (1944/68), Italy (1947), Portugal (1976), and Spain (1978).
In the United States, the federal constitution does not make a reference to God as such, although it uses the formula "the year of our Lord" in Article VII. However, according to a Pew Research Center analysis, God or the divine is mentioned at least once in each of the 50 state constitutions and nearly 200 times overall. All but four state constitutions—those in Colorado, Iowa, Hawaii, and Washington—use the word "God" at least once. The constitutions in Colorado, Iowa, and Washington refer to a "Supreme Being" or "Supreme Ruler of the Universe," while Hawaii's constitution makes reference to the divine only 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. A handful of state constitutions explicitly prohibit those who do not believe in God from holding public office, but these bans have not been enforced as they are assumed to violate the U.S. Constitution's prohibition on religious tests for public officeholders.
In the early 1990s, the newly independent nations of Eastern Europe and Asia adopted new democratic constitutions following the fall of the Soviet Union and the end of the Eastern Bloc. Most of these new constitutions, including those of all ex-Soviet republics and dependent states except Hungary and Ukraine, make no mention of the supernatural in the preamble. Instead, they refer to secular values such as "liberty, justice, and law" (Estonia) or "the generally accepted principles in the modern world" (Croatia). The preambles to the constitutions of the Czech Republic and Slovakia do not mention God directly but refer to the country's "spiritual wealth" (Czech Republic) or "the spiritual heritage of Cyril and Methodius" (Slovakia).
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The First Amendment and freedom of religion
The First Amendment to the US Constitution includes two provisions concerning freedom of religion: the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from establishing or sponsoring a religion. The Free Exercise Clause protects the freedom and independence of religion, preventing government interference in religious practices.
The inclusion of these clauses in the First Amendment was influenced by the political alliance of evangelical dissenters (particularly Baptists) and Enlightenment thinkers (such as Thomas Jefferson), who sought to protect religious freedom and independence from government control. This also aligned with the concept of natural law, which asserts that individuals have inherent rights to worship and serve their Creator according to their conscience.
While the US Constitution does not explicitly mention God, it uses the phrase "the year of our Lord" in Article VII. Additionally, every state constitution references God or the divine in some form, reflecting the belief in the divine origin of people's liberty. However, the interpretation and enforcement of these references vary, with some states historically prohibiting non-believers from holding public office, while others have moved towards secular interpretations.
The First Amendment's role in protecting religious freedom has been a topic of debate and legal interpretation over time. While it initially applied primarily to state-level religious establishments, the adoption of the 14th Amendment in 1866 solidified the understanding of separation between church and state as essential to religious freedom. The Supreme Court has played a significant role in interpreting and enforcing these rights, with cases such as Engel v. Vitale and Lemon v. Kurtzman shaping the understanding of the Establishment Clause and the definition of "establishment of religion."
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The intentions of the Founding Fathers
The Founding Fathers of the United States Constitution had complex and varied views on the role of religion in the nation's governance. While the Constitution itself does not explicitly mention God, Jesus Christ, or Christianity, the intentions of the Founding Fathers regarding the role of religion in government are a subject of debate.
Firstly, it is important to acknowledge the religious landscape of the time. The Founding Fathers lived in an era when religion, particularly Christianity, played a significant role in society and governance. Many of them were men of faith, and their personal beliefs undoubtedly influenced their thinking. However, they had witnessed the dangers of combining religious zeal with governmental power, as seen in the abuses of power by England, which had led to the founding of the new nation.
The Founding Fathers recognized the importance of religious freedom and the separation of church and state. They wanted to ensure that the government had no authority over religion and could not pass laws related to it. This intention is reflected in the First Amendment, which prohibits the government from establishing a national religion or interfering with the free exercise thereof. Additionally, Article VI of the Constitution exempts government officeholders from religious tests, further emphasizing the Founding Fathers' desire to keep religion and state affairs separate.
However, it is also evident that the Founding Fathers saw the divine origin of people's liberty and rights as essential. This is reflected in state constitutions, such as Delaware's, which mentions "the rights of worshiping and serving their Creator according to the dictates of their consciences" and the "power inherent in them." Similarly, the Preamble to the Constitution of Ireland, which refers to God and Jesus, has been cited in Supreme Court rulings to elucidate unenumerated rights.
Furthermore, while the US Constitution does not mention God directly, it does use the formula "the year of our Lord" in Article VII. Additionally, religious tests for statewide offices still exist in some states, indicating a continued influence of religion in governance. The Founding Fathers' views on this matter may have been shaped by their understanding of rights as God-given. As one source notes, the idea that rights are not God-given would have been a preposterous thought to the Founders.
In conclusion, the Founding Fathers of the United States Constitution intended to create a government that remained neutral on religion while also recognizing the importance of religious freedom and the divine origin of certain rights and liberties. They sought to protect religion from governmental interference while also preventing religion from becoming a tool of governmental power. The complex interplay of these intentions continues to shape debates about the role of religion in US governance today.
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The legitimacy of governmental power
The notion of the constitution deriving its power from God is a highly contested topic, with varying perspectives. Some argue that the constitution's power stems from the people, who inherently possess rights endowed by their Creator. This belief asserts that political power is derived from the consent of the people, who have the right to alter their form of government to ensure their happiness.
Historically, references to God in legal texts, known as invocatio dei or 'invocation of God', have been used to legitimize governmental power. By invoking God, early 19th-century monarchic constitutions expressed the divine right of kings, suggesting that power was exercised according to God's will. This concept can be seen in the state constitutions of the United States, such as in Delaware's preamble, which mentions "divine goodness" and the "Creator."
However, the idea of a Christian nation has been rejected by some, who argue that the United States Constitution is deliberately silent on the subject of God and Christianity. The Constitution does not mention God, Jesus Christ, or Christianity, and it explicitly prohibits religious tests for those holding public office. The Founding Fathers intended to create a system that allowed all religions, including Christianity, to exist and flourish without government interference. This absence of religious endorsement in the Constitution reflects a commitment to religious freedom and a recognition of the inherent limitations of state power over its subjects.
In contrast, some constitutions, such as Ireland's, have invoked God in their preambles, and these references have been cited in Supreme Court rulings. Additionally, every state constitution in the United States contains an affirmation of popular sovereignty, acknowledging a "Sovereign Ruler of the Universe" or a "Supreme Being." These references to a divine power can be seen as a way to legitimize governmental power and express governmental support for specific religious values.
The interpretation of the constitution's power source remains a complex and ongoing debate, reflecting the varying religious and political beliefs of different societies.
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Frequently asked questions
No, the US Constitution does not mention God, Jesus Christ, or Christianity. It contains the word “religion” only twice, in Article 6, which exempts government office holders from a religious test, and in the First Amendment, which states that the government has no power to legislate on the subject of religion.
Yes, God or the divine is referenced in every state constitution except for Colorado, Iowa, Hawaii, and Washington.
Yes, several European countries' constitutions mention God, including Ireland and Germany. Some countries whose constitutions do not mention God include Norway, Luxembourg, Iceland, Italy, Portugal, and Spain.
Invoking God in a constitution can serve several purposes, including legitimizing governmental power by declaring it to be exercised according to God's will, expressing governmental support for a specific religion, and challenging secular authority by acknowledging the inherent limitations of human law and power.
