Religion and the U.S. Constitution
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hen Alexander Hamilton was asked why the framers of the Constitution had not included the word “God” in the document, he replied: “We forgot.” Yet among the very first acts of the first United States Congress was to hire a chaplain and to ask the president to proclaim a day of “public thanksgiving and prayer, to be acknowledged with grateful hearts the many and signal favors of Almighty God.”
The First Amendment of the U.S. Constitution states, in part, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”
What does this statement mean?
Currently, the Supreme Court imposes a three-pronged test to determine when public policy constitutes “establishment” of religion. A policy is constitutional if:
· It has a secular purpose;
· Its primary effect neither advances nor inhibits religion; and
· It does not foster excessive entanglement with religion.