Our American Constitution is 239 Years Old! | MRFF Board Member John Compere explores the history of our secular governing document, which every member of the military swears an oath to support, defend, and bear true faith and allegiance to

The United States Constitution was established on September 17, 1787 when signed by delegates to the Constitutional Convention in Philadelphia. It will be 239 years old this September 17th which is “CONSTITUTION DAY”, the annual national observance commemorating its creation and celebrating our citizenship.

James Madison, “Father of the Constitution”, proclaimed “This is derived from the superior power of the people.” (public speech, June 6, 1788). George Washington, “Father of our Country”, wrote “The Constitution is a guide which I will never abandon.” (public letter, June 22, 1792). 

Every member of our Armed Forces, upon entering military service, takes the sworn oath to support, defend and bear true faith and allegiance to the United States Constitution. Every member of the United States government, upon election or appointment, takes a similar sworn oath. Fidelity to the secular Constitution is the foundation of American military and government service.

Knowledge of our Constitution begins with the Constitution itself. The Preamble states six secular reasons our nation was founded by and for “We the People”. The Constitution establishes our independent republic and democratic government.

The Constitution provides three separate and equal government branches for a check and balance on power. The legislative branch enacts laws (Article I), executive branch executes laws (Article II), and judicial branch interprets and enforces laws (Article III). 

Article V provides two ways to amend the Constitution – (1) constitutional convention requiring 2/3s of state legislatures to enact amendment and ratification by 3/4s of states (0 amendments) or (2) amendment enactment by 2/3s of Congress and ratification by 3/4s of states (27 amendments).

The 1791 Bill of Rights (first 10 Amendments) and subsequent 17 amendments provide our individual liberties. The 14th Amendment guarantees all persons born or naturalized in the United States are citizens and citizens of the state where they reside.

Many Americans do not know or understand what our Constitution provides regarding religion. The Constitution contains no religious deity or scripture acknowledgment or reference. Article VI commands “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States” lawfully separating religion from government and protecting government from religion. Only 27% answer this question correctly and 10% erroneously believe our elected leaders are required to be sworn on religious scripture with a religious affirmation which is prohibited by Article VI (Pew Research).

The 1st Amendment provides our historic religious freedoms by forbidding the government from passing laws favoring establishments of religion or prohibiting free exercises of religion. It lawfully separates government from religion, protects religion from government and requires government neutrality regarding religion. Every American has the right to his or her own religious or non-religious beliefs. 

1st Amendment genesis was the landmark 1785 Virginia Religious Freedom Statute authored by Thomas Jefferson and advocated by James Madison separating church and state in Virginia and mandating no one “shall be compelled to frequent or support any religious worship, place, or ministry whatsoever”. Our 1st Amendment also provided a basis for Article 18 of the historic 1948 United Nations Universal Declaration of Human Rights declaring “everyone shall have the right to freedom of thought, conscience and religion.”

We were the first nation in history established without acknowledging any higher authority (emperor, monarch, dictator, deity, religion, scripture, etc) in our establishment document other than “We the People”. Early American colonists fled Europe for freedom from government and religion. When independence was declared in 1776, less than 20% of colonists belonged to religion establishments. There were no public prayers opening or closing the 116 day Constitutional Convention. Today, less than 50% of Americans belong to a church, synagogue or mosque (Gallup) and one in three Americans identify as non-religious or “Nones” (Pew Research). We were founded as and remain a nation of individual liberty and freedom of belief.

Our Constitution created a secular republic and not one based on religion. The 1797 Treaty of Tripoli announced and confirmed this to the world – “the government of the United States of America is not in any sense founded on the Christian religion”.This international legal document was negotiated during 1st President George Washington’s administration, unanimously ratified by the US Senate (with many Founders) and signed into law by 2nd President John Adams. 

World history records the human harm when government and religion are combined. Separation of religion and government (i.e. separation of church and state) is a principle of freedom and independence originating in Europe during the Protestant Reformation (16th Century) and Age of Enlightenment (17-18th Century) when the divine right of kings and tyranny of the church were challenged by the great thinkers. Most Americans (73%) believe religion should be separate from government (Pew Research). Jesus even separated government and religion (Matthew 22:21; Mark 12:17). The Texas Constitution (Article I) and most other state constitutions also provide for separation of church and state.

It is also historically important to note the Native-American contribution to our Constitution –“the confederacy of the original Thirteen Colonies into one republic was influenced by the political system developed by the Iroquois Confederacy as were many of the democratic principles which were incorporated into the Constitution itself.” (100th US Congress Resolution).

The constitutional freedoms of American citizens have been established and expanded for 239 years. We must always protect and preserve them.

We are one nation under our Constitution and it is the Constitution in which we must trust. We celebrate with patriotic pride our American Constitution and with genuine gratitude our American citizenship.

John Compere
Brigadier General, Judge Advocate General’s Corps, US Army (Retired)
Former Chief Judge, US Army Judiciary
Disabled American Veteran (Vietnam Era)
Board Member, Military Religious Freedom Foundation