Simone Lawson
The claim that the US Constitution is based on the Ten Commandments has been widely disputed. While some argue that the Ten Commandments are the fundamental legal code of Western Civilization and the Common Law of the United States, others point out that American law has generally been viewed as having a secular origin and function. The Texas State Board of Education has been criticized for distorting history and exaggerating the biblical influences on America's founding, such as the claim that Moses was a major influence on the writing of the nation's founding documents. The historical record does not support a direct relationship between the law and the Ten Commandments, and early laws in the United States against blasphemy and heresy, which may have been derived from the first three Commandments, have since been deemed unconstitutional. The Supreme Court has affirmed the principle that no official can prescribe what is orthodox in matters of religion, and the first four Commandments, if enacted into law, would constitute plain constitutional violations.
| Characteristics | Values |
|---|---|
| The Constitution is secular in origin and function | The Constitution is not founded on the 10 Commandments |
| The 10 Commandments as the basis of law conflicts with the Constitution | The Constitution protects the free exercise of religion and the right to not have any religion |
| The 10 Commandments are a religious and cultural symbol | The 10 Commandments are displayed outside the US Supreme Court and in Texas county courthouses |
| The influence of the 10 Commandments on the Constitution is exaggerated | The Texas State Board of Education included this exaggeration in their curriculum standards in 2010 |
| The 10 Commandments are a basis of Western civilization | The Declaration of Independence and the Bill of Rights were influenced by the Magna Carta |
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What You'll Learn
The US Constitution protects freedom of religion and speech
The US Constitution is a secular document that protects freedom of religion and speech. The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This amendment ensures that individuals are free to practice their religion without government interference and guarantees their right to free speech.
While some have argued that the Ten Commandments, a set of biblical laws, served as the foundation for American law and the Constitution, this claim has been widely disputed. The historical record does not support a direct relationship between the two. Early laws in the United States against blasphemy and heresy may have been influenced by the first three Commandments, but these laws have since been deemed unconstitutional as they violate the fundamental right to believe and speak freely.
The Supreme Court, in West Virginia Board of Education v. Barnette, affirmed the principle that no official can prescribe orthodoxy in matters of religion or opinion. This decision underscores the strong support for freedom of conscience and belief in the American constitutional system. Any attempt to enact the first four Commandments into law would result in plain constitutional violations, as they would conflict with the protections guaranteed by the First Amendment.
The argument that the Ten Commandments are the true source of American law is strained and exaggerated. The Texas State Board of Education has been criticized for distorting history and promoting the idea that Moses and the Bible significantly influenced the nation's founding documents. However, the Constitution is rooted in the principles of the Magna Carta, which was the first written declaration of rights by landowners against the monarchy, and influenced later rights declarations such as the Declaration of Independence and the Bill of Rights.
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The first four commandments cannot be constitutionally made into law
The argument that the Ten Commandments are the true American source of law is highly strained and questionable. The first four commandments cannot be constitutionally made into law, as they would conflict with the Constitution. The first three commandments, if enacted as law, would violate the most important fundamental right in the Constitution: the absolute right to believe whatever one chooses, as outlined in the First Amendment's Free Exercise and Free Speech Clauses.
The Supreme Court, in West Virginia Board of Education v. Barnette, affirmed that no official can prescribe what is orthodox in matters of opinion, religion, or politics. This captures the essence of American constitutionalism and its strong support for freedom of conscience. The first four commandments, if enacted into law, would violate this freedom by imposing specific religious beliefs on the nation.
Furthermore, early laws in the United States against blasphemy and heresy may have been influenced by the first three commandments. However, these laws have since been deemed unconstitutional, further highlighting the conflict between the first commandments and the Constitution.
The claim that the Ten Commandments are the fundamental legal code of Western Civilization and the common law of the United States is not supported by historical evidence. While there may have been themes of a scriptural or Christian basis for the law in England and antebellum America, this perspective never gained a significant foothold in the formulation of American law. The United States Constitution and state laws were influenced by the principles of the Magna Carta, which was a declaration of rights by landowners against the monarchy, rather than religious commandments.
In conclusion, the first four commandments of the Ten Commandments cannot be constitutionally made into law without violating the fundamental rights and freedoms guaranteed by the American Constitution. The Constitution protects the free exercise of religion and the right to be free from any established religion in government. The historical record and the legal framework of the United States support a secular origin and function of the law, rather than a direct reliance on religious commandments.
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The influence of the Ten Commandments on US law is exaggerated
The influence of the Ten Commandments on US law is a topic that has been widely debated. While some argue that the Ten Commandments form the basis of US law and are "the fundamental legal code of Western Civilization and the Common Law of the United States", this claim has been contested by others who believe that the influence of these commandments is exaggerated.
The argument that US law is based on the Ten Commandments stems from the idea that Christianity is part of the common law. This notion has been around since before the nation's founding and has been supported by various legal and political figures throughout history. For example, the presence of the Ten Commandments at the US Supreme Court in Washington, D.C., and the inclusion of Moses in school textbooks as a major influence on the nation's founding documents suggest an attempt to promote a Christian nation with its laws rooted in a conservative Christian interpretation of the Bible.
However, critics argue that this influence is exaggerated and that American law has predominantly secular origins and functions. The historical record does not provide significant evidence of a direct relationship between the law and the Ten Commandments. The rules against killing and stealing, for instance, are often attributed to British common law, which was influenced by natural law or custom rather than religious doctrine. Additionally, early laws against blasphemy and heresy, which may have been derived from the first three Commandments, have since been deemed unconstitutional, as they conflict with the fundamental right to believe and express one's opinions freely, as protected by the First Amendment.
The Supreme Court's decision in West Virginia Board of Education v. Barnette further underscores the separation of church and state in the US legal system. The Court affirmed that no official could prescribe orthodoxy in matters of religion or opinion, emphasizing the freedom of conscience guaranteed by the Constitution. This decision highlights the incompatibility of enacting the Ten Commandments into law, particularly the first four commandments, as it would violate the constitutional rights of citizens.
In conclusion, while the Ten Commandments may have influenced certain aspects of US law and culture, the claim that they are the sole or primary foundation of American law is exaggerated. The US Constitution, with its emphasis on individual freedoms and religious neutrality, promotes a secular legal framework that governs a diverse nation.
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The US Constitution was influenced by the Magna Carta
The US Constitution was heavily influenced by the Magna Carta. The 13th-century pact inspired the Founding Fathers as they wrote the documents that would shape the nation. The Founding Fathers knew they were attempting to create a Magna Carta for a new era.
The influence of the Magna Carta is reflected most clearly in the Bill of Rights, the first 10 amendments to the Constitution ratified by the states in 1791. Amendments five through seven set ground rules for a speedy and fair jury trial, and the Eighth Amendment prohibits excessive bail and fines. This last prohibition can be traced directly back to the 20th clause of the Magna Carta, which states:
> For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood.
The phrase "by the law of the land" from the Magna Carta was used in all American documents prior to the Constitution. The phrase "due process", introduced by James Madison in 1789, was included in the 5th Amendment and later in the 14th Amendment. Madison also explicitly referenced the 40th clause of the Magna Carta in The Federalist Papers.
The influence of the Magna Carta on the US Constitution was shaped by what eighteenth-century Americans believed it signified. When the first Continental Congress met in 1774, it drafted a Declaration of Rights and Grievances claiming for the colonists the liberties guaranteed to them under “the principles of the English constitution, and the several charters or compacts.” The colonists sought the preservation of their self-government, freedom from taxation without representation, the right to a trial by a jury of one’s countrymen, and their enjoyment of “life, liberty and property” free from arbitrary interference from the crown.
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The Ten Commandments are a basis of Western civilization
The Ten Commandments are often regarded as the basis of Western civilization and the Common Law of the United States. The Supreme Court building in Washington, D.C., prominently displays two versions of the Ten Commandments, reflecting the view that they are fundamental to American law and society. However, this notion has been contested, with sources arguing that American law has predominantly secular origins and that the influence of the Ten Commandments has been exaggerated or even invented.
The Ten Commandments, as a moral and religious code, have significantly shaped Western civilization. The belief in a God of absolute values and the law that separates humans from other creatures are foundational to the Western ethos. This includes the sanctity of life, individual worth and freedom, rationalism, and the separation of religion and politics. The Ten Commandments are seen as a reminder of these core values and their influence on the development of Western societies.
The impact of the Ten Commandments on the legal system, however, is more complex. Early political and legal figures may have viewed the Ten Commandments as a source of inspiration or guidance in formulating laws. For example, rules against killing and stealing in British common law may have been influenced by natural law or custom, which in turn could have been influenced by the Ten Commandments. Additionally, early laws against blasphemy and heresy in the United States might have had some connection to the first three Commandments.
Nevertheless, it is essential to recognize that the United States Constitution strongly protects the free exercise of religion and the right to be free from any established religion in government. The Constitution guarantees religious freedom and ensures that no single religion can prescribe orthodoxy in politics, nationalism, or other matters. As such, while the Ten Commandments may have influenced certain laws and values, they do not serve as the direct legal code of Western civilization. The historical record suggests that American law has predominantly secular origins, and attempts to portray the Constitution as founded on the Ten Commandments have been criticized as historical revisionism.
In conclusion, while the Ten Commandments have undoubtedly left an imprint on Western civilization, their role in shaping the legal system is more nuanced than often claimed. They have influenced core values and ethical foundations, but the specific laws and constitutional framework of Western societies, particularly in the United States, have evolved from a variety of sources, including secular principles and the Enlightenment ideals of individual rights and freedom.
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Frequently asked questions
No, the US Constitution is not based on the 10 Commandments. The Constitution strongly protects citizens' right to free exercise of religion and their right not to have any religion as part of the federal or state governments. The historical record does not support claims of a direct relationship between the law and the 10 Commandments.
The claim that the Constitution is based on the 10 Commandments is based on the argument that Christianity is part of common law. This argument has been around since before the US was founded and has been supported by leading politicians and jurists.
The counterargument is that the US Constitution has a secular origin and function. The first four commandments, for example, cannot be enacted into law as they would conflict with the Constitution.
The 10 Commandments are often posted in public spaces as a reminder of the foundations of Western civilization and the common law of the US. The Supreme Court building in DC, for example, has two versions of the 10 Commandments displayed prominently.
