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U.S. Constitution

Many people are under the impression that the phrase “separation of church and state” appears in the U.S. Constitution. The fact is the phrase does not appear in this document. If it has been a while since you last read it, feel free to read the U.S. Constitution now (see if you can find the phrase "separation of church and state").

The U.S. Constitution mentions religion only two times. Beginning with the second use, the concluding paragraph of the Constitution notes the date as, “…the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven…” Note much can be made of the term “Lord” in this sentence since it reflects a common way of stating the date. However, it does reflect the common tendency to date life around the Lord’s time on earth. But not a lot hinges on this usage.

The first mention of religion is this, “…no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” (Article VI) This statement clearly establishes a “no religious Test” as a qualification for office in the U.S. The key question is this; does this limitation apply exclusively to federal positions or to both state and federal offices positions?

Thankfully, the Constitution itself lends a hand in answering this question. According to Article I section 2, it is up to the states to elect their representatives. Individual states were allowed to establish their own criteria for their representatives including religious tests. This is further supported by the fact that most states did require religious tests (to varying degrees) as a requirement for any office held. Take, as an example, the Constitution of Delaware from September 21, 1776. Article 22 states that a person taking any oath of office for the state (including seats in either house) must adhere to the following:

"I, A B. do profess faith in God the Father, and in Jesus Christ His only Son, and in the Holy Ghost,
one God, blessed for evermore; and I do acknowledge the holy scriptures of the Old and New
Testament to be given by divine inspiration."

This is unheard of today! In fact, based upon the media this kind of oath of office would be unthinkable when, in fact, most of the original states endorsed such religious tests for office.

Someone familiar with historical dates will be quick to point out that this Constitution was written well before the U.S. Constitution (September 17, 1787). The conclusion drawn is that the Constitution rendered such religious tests obsolete. However, this is not the case. The First Constitution of Kentucky (1792), while not having a religious test per se, states that oaths of office “…shall be esteemed by the Legislature the most solemn appeal to God." (Article VIII Section 5). The Tennessee Constitution of 1796 is another example. On the one hand it employees language of the Article VI test ban found in the U.S. Constitution while at the same time declaring, “”No person who denies the being of god, or a future state of rewards and punishments, shall hold any office in the civil department of this State." (Article 8 Section 2).

The U.S. Constitution ruled against a religious test for the federal government but still allowed states to handle this issue as they saw fit. Additionally, just because the U.S. Constitution does not endorse religion it does not follow that our nation is to be secular. Our nation was very religious (specifically, Christian) throughout the states as reflected in the state constitutions. Refraining from endorsing religious belief as a requirement for office (godless, as some term the issue) is not the same as objecting to religious influence in government.

Note, the Wallbuilders' article was instrumental for the information contained in this page.


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