The Constitution And Religion: A Godly Mention?

The mention of God or religion in constitutions has been a topic of debate, especially in the context of the United States Constitution. While the US Constitution does not explicitly mention God or the divine, it includes the phrase in the year of our Lord, which some interpret as an indirect reference to God. The First Amendment, addressing religious freedom, states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. Interestingly, all but four state constitutions in the US make explicit references to God, and God or the divine is mentioned in every state constitution at least once. In contrast, when newly independent nations in Eastern Europe and Asia adopted new democratic constitutions in the early 1990s, most did not mention the supernatural in their preambles. The inclusion or exclusion of God or religion in constitutions reflects varying approaches to the role of religion in government and society.

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God in the Declaration but not the US Constitution

The United States Constitution does not mention God, but nearly all state constitutions reference either God or the divine, according to a 2017 analysis. The First Amendment to the U.S. Constitution says that the country shall have no official religion, and Americans have been debating where to draw the line between religion and government since the country’s founding. The Founding Fathers invoked God in the Declaration, expressing the belief that the people have God-given rights and that a form of government that becomes tyrannical can be altered or abolished.

The absence of any mention of God in the Constitution troubled two groups of Americans: those who wanted the new instrument of government to give faith a larger role and those who feared that it would do so. When the Constitution was submitted to the American public, many pious people complained that the document had slighted God, as it contained "no recognition of his mercies to us."

The omission of God from the Constitution may be attributed to the fact that the delegates to the Constitutional Convention were a different and less religious group than the delegates to the Continental Congress, or perhaps that the delegates to the Continental Congress were savvy freethinkers who manipulated people’s belief in God to gain support for their overthrow of British rule. However, it is important to note that some of the Founders were conventional Christians, while others were not, and the belief in a deity implied in the Declaration was likely sincere and universal among the delegates to both the Continental Congress and the Constitutional Convention.

While the Constitution does not mention God, it does use the formula "the year of our Lord" in Article VII. Additionally, it guarantees that religion can never be a requirement for holding public office, as stated in Article VI. This provision ensures that no religious test shall ever be required as a qualification for federal officeholders.

State constitutions and God

The US Constitution does not explicitly mention God or the divine. However, the same cannot be said for the constitutions of its 50 states, which all contain at least one reference to God or the divine. In total, there are almost 200 references to God or the divine across all 50 state constitutions.

The state constitutions of California, Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Nevada, Pennsylvania, Texas, Wisconsin, Washington, and Puerto Rico, make a reference to God. They generally use an invocation of "God the Almighty" or the "'Supreme Ruler of the Universe'. 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 only in its preamble, which expresses gratitude for "Divine Guidance".

The presence of religious references in state constitutions is not unique to the United States. Several European constitutional traditions include references to God, reflecting the influence of established churches and the tradition of invoking God in legal documents. In ancient times and the Middle Ages, gods or God were commonly invoked in contracts and legal documents to guarantee the fairness and justness of the agreements.

The inclusion of God or religious references in state constitutions has been interpreted in various ways. Some view it as an acknowledgment of the inherent limitations of human law and power, reflecting shared values such as human dignity. On the other hand, it has also been seen as a historical function, perpetuating the tradition of invocationes dei in older constitutions and establishing a general conception of statehood.

The absence of explicit references to God or religion in the US Constitution does not indicate a separation of church and state. Instead, the Constitution guarantees the "free exercise" of religion and prohibits the "abridging freedom of speech." States are required to protect the freedom of religious expression in the public square, consistent with their state constitutions.

Religion and the Founding Fathers

The Founding Fathers of the United States had diverse religious views and backgrounds. Most were Protestants, with the largest groups being Anglicans, Presbyterians, and Congregationalists. There were also smaller groups of Quakers, Lutherans, Dutch Reformed, and Roman Catholics. While some of the Founding Fathers were Christians, others were influenced by Deism, a movement that stood for rational inquiry, skepticism about dogma, and religious tolerance. Deists believed that promoting morality was the central value and purpose of religion and that all religions, not just Christianity, fulfilled that purpose. This belief in religious tolerance and freedom is reflected in the First Amendment of the U.S. Constitution, which guarantees freedom of religion.

The question of whether the Founding Fathers intended to create a Christian nation has been a subject of debate. Some scholars and religious leaders have argued that the Founders held orthodox Christian beliefs, while others have claimed that they were religious rationalists or Unitarians. The Founding Fathers' own writings and quotes provide some insight into their religious beliefs. For example, George Washington, the first U.S. President, wrote about the importance of religion and morality in his Farewell Address of 1796, stating that religion was "a necessary spring of popular government." Patrick Henry of Virginia, a ratifier of the U.S. Constitution, wrote that the nation was founded "not by religionists, but by Christians" on "the gospel of Jesus Christ."

However, the U.S. Constitution itself does not explicitly mention God or Christianity. Aside from Article VI, which states that "no religious test shall ever be required" for federal officeholders, the Constitution says little about religion. This absence troubled some Americans who wanted the government to give faith a larger role, as well as those who feared it would do so. The Declaration of Independence, on the other hand, does contain references to God and God-given rights, which have been interpreted as supporting certain liberties in state constitutions.

In summary, while the Founding Fathers had diverse religious beliefs and backgrounds, they generally believed in the importance of religion and morality in society. They sought to protect freedom of religion and prevent religious tests for officeholders, as reflected in the U.S. Constitution and the First Amendment. The question of whether the United States was founded as a Christian nation remains a subject of ongoing debate and interpretation of the Founding Fathers' intentions and beliefs.

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God in modern democratic constitutions

The role of religion in the state has been a subject of debate in the United States since its founding. The US Constitution does not explicitly mention God or the divine, but the nation's state constitutions do. Each of the 50 state constitutions mentions God or the divine at least once, and they do so nearly 200 times overall. 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, expressing gratitude for "Divine Guidance".

The absence of an explicit mention of God in the US Constitution was a source of concern for some when it was first submitted to the American public. Many pious people complained that the document had slighted God by containing "no recognition of his mercies to us". The US Constitution's only mention of religion is in Article VI, which states that "no religious Test shall ever be required as [a] qualification" for federal officeholders. The First Amendment also addresses religion, stating that "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof".

While the US Constitution does not explicitly mention God, the nation's founding fathers often expressed their religious beliefs. Benjamin Franklin, for example, gave a famous speech asking that the Convention begin each day's session with prayers, stating his belief that "God governs in the Affairs of Men". Washington also called religion "a necessary spring of popular government", while Adams claimed that "Religion and Morality alone, which can establish the Principles upon which Freedom can securely stand".

In contrast to the United States, some countries do have explicit references to God in their modern democratic constitutions. For example, the preamble to the Canadian Charter of Rights and Freedoms mentions God, as does the Constitution of Ireland, which invokes God and Jesus. In Germany, the 1949 constitution has been interpreted by some as establishing a specifically Christian state, though this view is rejected in German constitutional practice. When the newly independent nations of Eastern Europe and Asia adopted new democratic constitutions in the early 1990s, most of them, including those with a Muslim background, did not mention the supernatural in the preamble.

Religion and the Federal Government

The US Constitution does not explicitly mention God or a specific religion. However, it does include the phrase “in the year of our Lord”, and Article VI states that "no religious test shall ever be required" for federal officeholders. The absence of an expressed mention of religion in the Constitution was troubling to some Americans, who wanted faith to have a larger role in the government, and to others who feared this would be the case.

The US Constitution's approach to religion is in contrast to the nation's state constitutions, which all mention God or the divine in some capacity. For example, the constitutions of California, Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, and many others, make reference to "God the Almighty" or the "Supreme Ruler of the Universe".

Historically, invocations of God were common in legal documents and contracts, emphasising the fairness and justness of the created norms. However, in the modern era, democratic constitutions have largely moved away from this practice, with the notable exception of the US state constitutions.

The role of religion in the federal government has evolved over time, with early leaders such as Washington and Adams viewing religion as a necessary source of morality and the foundation of freedom. Benjamin Franklin, for instance, asserted that "God governs in the affairs of men", and unsuccessfully proposed that the Convention begin each day's session with prayers. Later presidents, such as Thomas Jefferson and James Madison, were considered less hospitable to religion, but still offered symbolic support while in office.

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