Eleanor Finch
The constitutions of several nations contain references to God, most often in the preamble. A reference to God in a legal text is called an invocatio dei, and in another context, it is called a nominatio dei. 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 did not, so as to preserve the state's religious neutrality. Notably, the US Constitution does not contain any references to God, although it uses the formula the year of our Lord in Article VII.
| Characteristics | Values |
|---|---|
| References to God in the constitution | The US Constitution does not contain any explicit references to God, but uses the formula "the year of our Lord" in Article VII. |
| References to God in other contexts | In the US, some state constitutions include references to God, and the country's motto, "In God We Trust," was established in the 1950s. |
| Historical context | Treaties between Christian nations often began with an invocation of God until the late 19th century, and some European states carried this tradition into their constitutions. |
| Secular values | Some countries' constitutions make reference to secular values such as "liberty, justice, and law" instead of explicit references to God. |
| Religious neutrality | Some countries, such as France, have chosen not to include references to God in their constitutions to preserve religious neutrality. |
| Interpretation | References to God in constitutions can be interpreted as a commitment to inherent limitations on state power and shared values such as human dignity. |
| Founding principles | The absence of explicit references to God in the US Constitution reveals a great deal about the founding principles of the nation, indicating a separation of church and state. |
| Moral content | The US system of government has a moral content, with the belief that rights are "unalienable" and given by God. |
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What You'll Learn
The US Constitution and God
The US Constitution does not make an explicit reference to God. However, it does use the formula "the year of our Lord" in Article VII. 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 several times. The Declaration refers to God as "Nature's God", "Creator", "Supreme Judge of the World", and "divine Providence".
The Founding Fathers' decision to exclude direct references to God in the Constitution reveals a lot about the founding principles of the United States. While they were willing to invoke God when making their case against the abuses of England, they chose not to do so when articulating the laws by which Americans should live. This decision reflects the principle of separation of church and state, which is a fundamental aspect of American democracy.
The US Constitution, therefore, does not establish the country as a Christian nation. Instead, it creates a nation whose government is designed to let religion thrive according to the beliefs and energies of its citizens. This separation of church and state is not meant to be hostile to religion but rather to ensure that the government stays out of religious affairs and that religion does not utilise government power.
While the US Constitution does not mention God directly, some have argued that the rights outlined in the document are God-given. For example, Thomas Jefferson believed that God had given humans certain rights and that it was the duty of the state to make them real in the lives of its citizens. This belief in the God-given nature of rights was also reflected in the Declaration of Independence, which stated that rights are "unalienable" and inherent birthrights.
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European constitutional traditions
The concept of invoking God in legal documents has a long tradition in European legal history. 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.
In Europe, references to God in constitutions are found in the preambles, which is known as invocatio dei ('invocation of God') if the text is proclaimed in the name of a deity, or nominatio dei ('naming of God') if the reference is made in another context. The preamble to the Constitution of the Czech Republic, for example, does not mention God directly but refers to the country's "spiritual wealth". Poland's and Ukraine's constitutional preambles, on the other hand, contain a nominatio dei.
The inclusion of a reference to God in a constitution can serve several purposes. Firstly, it can be seen as an acknowledgment of the inherent limitations of human law and power, reflecting a shared commitment to values such as human dignity. In this sense, a reference to God challenges secular authority rather than supporting it. Secondly, in countries with a long constitutional history and a shared religious faith, references to God can serve a historical function by perpetuating the tradition of invocatio dei in older constitutions and establishing the general conception of statehood. For example, the concept of the "divine right of kings" asserts that a monarch's right to rule is derived from divine authority, and thus the monarch is not subject to the will of the people or any earthly authority.
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 the 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" or "the generally accepted principles in the modern world".
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Islamic constitutions and God
The relationship between Islam and constitutionalism has been a subject of much debate in recent years, particularly in the wake of the Arab Spring, which saw a number of Muslim-majority countries, including Tunisia, Algeria, Libya, Egypt, Yemen, and Palestine, embark upon constitutional processes that sought to define the relationship between Islam and the state.
The Constitution of Madinah, written by the Prophet Muhammad in 622 CE after his flight from Mecca, is considered by many to be the first written constitution. However, despite the rich development of Islamic law since then, constitutionalism remains a comparatively underdeveloped area of Islamic law.
There are various models of Islamic constitutions. In Saudi Arabia, for example, the Quran serves as the constitution itself, whereas in Egypt, Islamic law or Sharia is the principal source of legislation. The 2012 draft constitution of Libya also states that Islam is the state religion and that Sharia is the main source of legislation. Similarly, the constitution of Iraq provides that no law may contradict the established provisions of Islam. The Afghan constitution states that Afghanistan is an Islamic republic and that no law shall contravene the tenets and provisions of Islam.
In Pakistan, the 1956, 1962, and 1973 Constitutions all proclaim the country to be an 'Islamic Republic' in which sovereignty belongs to Allah. These constitutions pledge to uphold the principles of democracy, freedom, equality, and social justice as enunciated by Islam, and affirm the commitment of the state to enable Muslims to lead their lives according to the teachings and requirements of Islam. The 1973 Constitution, in particular, made significant advances towards Islamization by declaring Islam to be the state religion and reinstating the injunction barring the enactment of laws repugnant to Islam as an enforceable provision.
The themes of equality of believers and social justice are prevalent in the writings of those advocating for an Islamic state. Islam's inherently egalitarian values may allow for its integration into a liberal constitutional regime. However, empirical studies have shown that the constitutional entrenchment of Islamic law has a negative and significant effect on democracy in Muslim-majority countries.
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Laicist constitutions
Laicism, also known as laïcité, is a legal and political model based on the strict separation of religion and state. The term, which means 'layperson' or 'non-cleric' in Ancient Greek, was coined in 1871 by French educator and Nobel Peace Prize laureate Ferdinand Buisson, who advocated for secular education. Laicism is constitutionally enshrined in some countries, while others implement varying degrees of separation between religion and government without explicitly defining themselves as laicist.
France is a notable example of a laicist country, with a long history of conflict and deep distrust between French republican and Catholic institutions. The French Constitution of 1946 from the Fourth Republic explicitly mentioned laïcité as a constitutional principle with legal effects, and Article 1 of the current constitution states that France is a "secular republic" ("La France est une République indivisible, laïque, démocratique et sociale"). The French government is legally prohibited from recognizing any religion and instead recognizes religious organizations based on formal legal criteria that do not address religious doctrine.
The influence of French laïcité can be seen in the constitutions of other countries, such as Mexico, where the Chamber of Deputies introduced legislation in 2010 to amend the Constitution to make the Mexican government formally secular. Similarly, Quebec in Canada has adopted a more French-style understanding of secularism, as seen in the proposed Bill 60 in 2013, which aimed to prohibit public employees from wearing objects that overtly indicate a religious preference.
In contrast, some countries have constitutions that reference God or spiritual heritage. For example, the preambles to the constitutions of the Czech Republic and Slovakia refer to "spiritual wealth" and the "spiritual heritage of Cyril and Methodius", respectively. The inclusion of a nominatio dei, or naming of God, has been debated in various constitutions, such as the proposed European Constitution and the German constitution of 1949, which some authors interpret as committing the state to active support of Christian teachings.
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Separation of church and state
The concept of "separation of church and state" is often invoked in public discourse surrounding the role of religion in politics. While the exact phrase "separation of church and state" does not appear in the US Constitution, the First Amendment guarantees religious liberty and forbids Congress from establishing a religion or preventing its free exercise. This is encapsulated in the Establishment Clause, which states:
> "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
The Establishment Clause, which is part of the First Amendment, serves as a wall of separation between church and state, ensuring that the government cannot exercise undue influence over Americans' spiritual and religious lives. This clause has been interpreted by the Supreme Court, which held that it is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment, thereby applying to state laws and local ordinances as well.
The metaphor of a "wall of separation" between church and state was first introduced by Roger Williams, a minister, lawyer, and merchant who sought to protect an individual's freedom of conscience and worship. Thomas Jefferson, in his 1802 letter to the Danbury Baptist Association, famously echoed this idea, stating that the Establishment Clause created a "wall of separation between church and state." This letter was in response to concerns raised by the Baptist community, who, as a religious minority, feared religious persecution.
The inclusion of religious references in constitutions has varied across different countries and historical contexts. While some countries' constitutions directly mention God or include religious invocations, others, like the US Constitution, do not contain explicit references to God but instead use secular language, such as "the year of our Lord" in Article VII. The absence of explicit religious references in the US Constitution reflects the founding principles of the nation and the intention to protect religious freedom and prevent government interference in spiritual matters.
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Frequently asked questions
The US Constitution does not contain any direct references to God. However, it does use the formula "the year of our Lord" in Article VII.
No, the US Constitution does not contain any explicit references to religion. The founders were deliberately neutral on the subject of religion, choosing not to invoke God or any particular religious tradition when articulating the laws by which Americans should live.
The absence of a reference to God in the US Constitution is believed to be a reflection of the founding principles of the United States, specifically the separation of church and state. The founders wanted to create a nation where religion could thrive according to the beliefs of its citizens, rather than establishing an officially Christian nation.
Yes, several countries have constitutions that do not include references to God, including Norway (1814), Luxembourg (1868/1972), Iceland (1944/68), Italy (1947), Portugal (1976), and Spain (1978). These countries prioritize religious neutrality and secular values such as liberty, justice, and law.
