Most Americans believe the nation's founders wrote Christianity into the Constitution, and people are less likely to say freedom...
Until well into my life-time, the overwhelming majority of Americans believed that the United States was a Christian nation. In believing that, they did not desire the persecution of other religions, nor did they want to see people forced to become Christians, nor did they believe that one Christian denomination should be favored at the expense of others. They rejected the concept of one Christian denomination functioning as an established national Church, as the Churches of England and Scotland still do today in Great Britain.
But Americans overwhelmingly believed that Christian ideas and principles should receive favorable treatment and that its understanding of Moral Law should undergird the laws of the United States and the individual states. When other people’s religious practices came into conflict with Moral Law, Moral Law, not the practices of other religions, was always supreme. People were free to believe as they saw fit, but they could not practice their beliefs when those practices ran contrary to morality; they had to live by the Christian based laws of the United States. This can readily be seen through the decisions of the United States Supreme Court. As one example of how this has been worked out, one may note Davis v. Beason cited below, where Mormons were forbidden to practice polygamy, an early tenet of their faith, because it was contrary to Moral Law as understood by historic Christianity.
Two parts of the Constitution are often cited as evidence against this historic understanding of the role of Christianity in American public life:
"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States" (The Constitution of the United States of America, Article 6).
"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" (Ibid., The Bill of Rights, Amendment I).
Yet this same Constitution reflects a Christian understanding of morality:
"If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law" (Ibid., Article 1, Section 7).
The Historical Understanding of Christianity and the Constitution
"Probably at the time of the adoption of the Constitution, and of the First Amendment to it . . . the general if not the universal sentiment in America was, that Christianity ought to receive encouragement from the state so far as was not incompatible with the private religious rights of conscience and the freedom of religious worship. An attempt to level all religions, and to make it a matter of state policy to hold all in utter indifference, would have created universal disapprobation, if not universal indignation . . . .The real object of the amendment was not to countenance, much less to advance, Mahometanism, or Judaism, or infidelity, by prostrating Christianity; but exclude all rivalry among Christian sects, and to prevent any national ecclesiastical establishment which should give to a hierarchy the exclusive patronage of the national government" [Justice Joseph Story (who served on the Supreme Court from 1811-1845) Commentaries on the Constitution of the United States, 2 Vol. 2:593-95, 2nd Ed. (Boston: Little Brown, 1905)].
Justice Story's understanding reflects the thinking of the framers of the Constitution, who expressed unbridled faith in God in the Declaration of Independence:
"When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitles them . . .
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights . . .
"And for the support of this Declaration, with a firm reliance onthe protection of Divine Providence, We mutually pledge to each other our Lives, our Fortunes, and our sacred Honor" (emphases mine).
Such an understanding of the foundation of American law was still reflected in the decisions of the United States Supreme Court just over one hundred years ago. Justice Josiah Brewer wrote on February 29, 1892, "Our laws and our institutions must necessarily be based upon and embody the teachings of the Redeemer of mankind. It is impossible that it should be otherwise; and in this sense and to this extent our civilization and our institutions are emphatically Christian" [Church of the Holy Trinity v. United States, 143 U.S. 457-458, 465-471, 36 L ed 226. (1892)].
A distinctively Christian view of the law is also reflected in Davis v. Beason, 133 U.S. 333 (1890):
"Bigamy and polygamy are crimes by the laws of all civilized and Christian countries. They are crimes by the laws of the United States, and they are crimes by the laws of Idaho . . . It was never intended or supposed that the (First) amendment could be invoked as a protection against legislation for the punishment of acts inimical to the peace, good order, and morals of society. With man's relations to his Maker and the obligations he may think they impose, and the manner in which an expression shall be made by him of his belief on those subjects, no interference can be permitted, provided always the laws of society, designed to secure its peace and prosperity, and the morals of its people, are not interfered with. However free the exercise of religion may [133 U.S. 333, 343] be, it must be subordinate to the criminal laws of the country, passed with reference to actions regarded by general consent as properly the subjects of punitive legislation. There have been sects which denied as a part of their religious tenets that there should be any marriage tie, and advocated promiscuous intercourse of the sexes, as prompted by the passions of its members. And history discloses the fact that the necessity of human sacrifices, on special occasions, has been a tenet of many sects. Should a sect of either of these kinds ever find its way into this country, swift punishment would follow the carrying into effect of its doctrines, and no heed would be given to the pretense that, as religious beliefs, their supporters could be protected in their exercise by the constitution of the United States. Probably never before in the history of this country has it been seriously contended that the whole punitive power of the government for acts, recognized by the general consent of the Christian world in modern times as proper matters for prohibitory legislation, must be suspended in order that the tenets of a religious sect encouraging crime may be carried out without hindrance" (emphasis mine).
The Constitution and Blue Laws
What does the reference to Sunday in Article I, Section 7 above ["If any Bill shall not be returned by the President within ten Days (Sundays excepted) . . ."] constitute? It reflects the thinking that underlies what are commonly called "Blue Laws" and demonstrates that the framers of the Constitution did not have a non-theistic, abstract concept of law. The federal courts, in striking down state laws about Sunday, have done so recognizing that these laws reflect a commitment to a Christian understanding of the Ten Commandments:
"The parentage of these laws is the Fourth Commandment; and they serve and satisfy the religious predispositions of our Christian communities" (The Supreme Court’s 1961 ruling on four separate cases, challenging Sunday closing laws: McGowan v. Maryland; Two Guys from Harrison-Allentown v. McGinley; Braunfeld v. Brown; and Gallagher v. Crown Kosher Supermarket). Article I, Section 7 of the Constitution demonstrates that the Moral Law of God, as understood by the followers of the Christian faith, is the foundation of our Civil Laws.
While the framers of the Constitution were absolutely opposed to a national, established Church, they understood that in order for people's words to be believed in court, they had to believe in God and future rewards and punishments in the world to come. At the time of the ratification of the federal constitution, most states had constitutionally defined, basic sets of beliefs that were necessary to be held by those who took oaths or held office. These were not seen to be in violation of the national constitution. As but one example, a person may note Article I of the Constitution of Pennsylvania, written in its original form by Benjamin Franklin and others:
"Religious Freedom "Section 3. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can of right be compelled to attend, erect or support any place of worship or to maintain any ministry against his consent; no human authority can, in any case whatever, control or interfere with the rights of conscience, and no preference shall ever be given by law to any religious establishments or modes of worship.
"Religion "Section 4. No person who acknowledges the being of a God and a future state of rewards and punishments shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this Commonwealth" (emphasis mine).