The Constitution And God: A Mention Or Omission?

The mention of God in legal texts is called invocatio dei, and it has a long tradition in European legal history. References to God are found in the constitutions of several nations, most often in the preamble. Treaties between Christian nations customarily began with an invocation of God until the late 19th century. However, when written constitutions became the norm, some countries chose to omit references to God to preserve the state's religious neutrality. Notably, the United States Constitution contains no reference to God, although the formula the year of our Lord is used in Article VII. State constitutions, on the other hand, frequently refer to God, with 34 doing so more than once.

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God in the Declaration of Independence

The Declaration of Independence, drafted by Thomas Jefferson, makes several references to God. The document begins by acknowledging that the source of power is the "Laws of Nature and of Nature's God". The founders recognised that the power to establish a nation was not their own, but rather a power granted to them by God.

The Declaration also refers to God as the "Creator", Who bestows upon humans their unalienable rights. In other words, God is the granter of human rights and the Creator of natural law. This is affirmed in the statement that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness".

God is also mentioned as the "Supreme Judge of the World", reflecting the belief that justice originates from God, not man. The Founding Fathers recognised that God judges the actions of all people and ensures that true justice prevails.

The final sentence of the Declaration expresses a “firm reliance on the protection of divine Providence", indicating that the founders entrusted themselves to God, believing in His protection.

These references to God in the Declaration of Independence demonstrate the founders' understanding of and trust in a higher power. They viewed rights as God-given and inherent, rather than granted by any earthly authority. However, it is interesting to note that despite the religious undertones of the Declaration, the United States Constitution contains no explicit references to God.

State constitutions mentioning God

The United States Constitution does not mention God, and the word "religion" appears only twice. Once when the Constitution forbids any religious test for public office, and again in the First Amendment, which says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

However, 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 the US territory of Puerto Rico make references to God. They generally use invocations of "God the Almighty" or the "Supreme Ruler of the Universe".

The constitutions of 34 states refer to God more than once, with Massachusetts's constitution mentioning God eight times, and New Hampshire and Vermont's constitutions each containing six references. Interestingly, these three states are among the least religious in the country, according to a 2016 Pew Research Center analysis.

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." While there are 32 mentions of the word "Lord," all but one refer to "the year of our Lord" and are not direct references to God.

The inclusion of God in state constitutions has been attributed to various purposes. Some see it as a way to legitimize state power by declaring it to be exercised according to God's will, reflecting the beliefs of the state's citizens. Others view it as a historical function, perpetuating the tradition of invocationes dei of older constitutions and establishing a general conception of statehood.

In contrast, the omission of God in the US Constitution has been interpreted as creating a wall of separation between church and state, ensuring religious freedom and accommodating diverse beliefs in a country with many different faiths.

Religious neutrality in constitutions

The concept of religious neutrality in constitutions is a complex and multifaceted topic that has evolved over time, with varying interpretations and applications across different countries and legal systems. While some countries have chosen to include explicit references to God or a higher power in their constitutions, others have deliberately omitted such references in favour of maintaining state religious neutrality.

In the United States, for example, the federal constitution does not include a direct reference to God. However, it does use the phrase "the year of our Lord" in Article VII. Additionally, the First Amendment's Establishment Clause forbids the government from making any law "respecting an establishment of religion," effectively barring the establishment of an official national religion. The Supreme Court has further interpreted this clause to prohibit laws or actions that favour one religious denomination over another, a concept known as religion neutrality.

Other countries, such as Ireland and Canada, have included references to God in their constitutions or charter of rights and freedoms. In Ireland, the invocation of God and Jesus in the preamble of the constitution has carried significant weight in Supreme Court rulings. On the other hand, the mention of God in Canada's charter has not had a substantial impact on legal interpretations.

When the newly independent nations of Eastern Europe and Asia adopted new democratic constitutions in the early 1990s, they took diverse approaches to mentioning God. Most of these new constitutions, including those of the ex-Soviet republics and dependent states, did not include references to the supernatural in their preambles. Notably, countries with a Muslim background, such as Kazakhstan and Uzbekistan, also refrained from invoking the divine in their constitutions.

The absence of a reference to God in a constitution does not necessarily imply a rejection of religious values or principles. For instance, the United States Declaration of Independence asserts that individuals possess God-given rights, and the Founding Fathers of the United States believed that rights were endowed by God. However, the interpretation and implementation of religious neutrality in constitutions continue to be a subject of debate and legal scrutiny, as evident in Supreme Court cases such as Lemon v. Kurtzman and Everson v. Board of Education.

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References to God in European constitutions

The inclusion of God in legal texts, known as invocatio dei, has a long tradition in European legal history. In ancient times and the Middle Ages, gods or God were invoked in contracts to guarantee agreements. 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 on this tradition, while others, notably laicist states like France, did not, to preserve state religious neutrality.

The Constitution of Ireland, for example, invokes God and Jesus in its preamble, and this has been cited in Supreme Court rulings. The concept of natural law has been used to elucidate unenumerated rights. In 1983, Chief Justice Tom O'Higgins stated:

> It cannot be doubted that the people, so asserting and acknowledging their obligations to our Divine Lord Jesus Christ, were proclaiming a deep religious conviction and faith and an intention to adopt a Constitution consistent with that conviction and faith and with Christian beliefs.

The Canadian Charter of Rights and Freedoms also mentions God in its preamble, but this has not had much effect. In Eastern Europe and the former Soviet Union, the new constitutions of the 1990s mostly did not mention the supernatural in their preambles, including those with a Muslim background.

Some European countries whose constitutions do not mention God include Norway (1814), Luxembourg (1868/1972), Iceland (1944/68), Italy (1947), Portugal (1976), and Spain (1978). The United States federal constitution also does not mention God, though it uses the formula "the year of our Lord" in Article VII, and state constitutions do refer to God.

God in the Canadian constitution

The Canadian Constitution does mention God. The preamble to the Canadian Charter of Rights and Freedoms, which is Part 1 of the Canadian Constitution, states: "Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law". This preamble first appeared in the April 1981 draft of the Charter and was included despite protests from the Liberal Party of Canada, who argued that a better preamble could be written after patriation. There were also religious groups in Canada, such as "100 Huntley Street" and the Evangelical Fellowship of Canada, who wanted God acknowledged in the Constitution.

The inclusion of this phrase in the Constitution has been controversial. Some see it as an important element in defining Canada, while others see it as an insult to non-Christian Canadians and even to some Christians. The Canadian Atheist Society, for example, has sponsored a national petition to remove the phrase from the Constitution, arguing that Canada is not founded upon principles that recognize the supremacy of God. They also question how Canadian courts are supposed to know what God wants.

On the other hand, some theologians and philosophers have questioned whether the preamble refers to a specific God (the Christian God or Jewish God) or to a more abstract concept that promotes civic values. The Christian Heritage Party of Canada, for example, has interpreted the phrase as endorsing the idea that human rights can only be legitimately interpreted in light of, or in conjunction with, the higher Moral Law of God.

Constitutional scholar Peter Hogg noted that the preamble, being a preamble, is limited in its direct applications of the law. However, he expressed concern about how much help it could be in interpreting other sections of the Charter. He noted that the mention of the "supremacy of God" could be considered contrary to Section 2 of the Charter, which protects freedom of conscience, which would include a right to atheism.

It is worth noting that the popular assumption that Canada would always remain nearly 100% Christian has not come to pass. Canada is now a diverse country with many different religious and non-religious groups. The recognition of the supremacy of God in the Constitution does not mean that Canada has become a theocracy of any kind.

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