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Interesting quotes from state constitutions
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Old
  May 27th 2003 , 11:19 AM
 
 
 
 
 
With the exception of a few (which I've indicated), these are from the preambles to each state's constitution. These are quoted "as is" from government websites.


ALABAMA

We, the people of the State of Alabama, in order to establish justice, insure domestic tranquillity, and secure the blessings of liberty to ourselves and our posterity, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution and form of government for the State of Alabama


ALASKA

We the people of Alaska, grateful to God and to those who founded our nation and pioneered this great land, in order to secure and transmit to succeeding generations our heritage of political, civil, and religious liberty within the Union of States, do ordain and establish this constitution for the State of Alaska.


ARIZONA

We, the people of the State of Arizona, grateful to Almighty God for our liberties, do ordain this Constitution.


ARKANSAS

We, the people of the State of Arkansas, grateful to Almighty God for the privilege of choosing our own form of government, for our civil and religious liberty, and desiring to perpetuate its blessings and secure the same to our selves and posterity, do ordain and establish this Constitution.


CALIFORNIA

We, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution.


COLORADO

We, the people of Colorado, with profound reverence for the Supreme Ruler of the Universe, in order to form a more independent and perfect government; establish justice; insure tranquillity; provide for the common defense; promote the general welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the "State of Colorado".


CONNECTICUT

The People of Connecticut acknowledging with gratitude, the good providence of God, in having permitted them to enjoy a free government; do, in order more effectually to define, secure, and perpetuate the liberties, rights and privileges which they have derived from their ancestors; hereby, after a careful consideration and revision, ordain and establish the following constitution and form of civil government.


DELAWARE

Through Divine goodness, all men have by nature the rights of worshiping and serving their Creator according to the dictates of their consciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and in general of obtaining objects suitable to their condition, without injury by one to another; and as these rights are essential to their welfare, for due exercise thereof, power is inherent in them; and therefore all just authority in the institutions of political society is derived from the people, and established with their consent, to advance their happiness; and they may for this end, as circumstances require, from time to time, alter their Constitution of government.


FLORIDA

We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, perfect our government, insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all, do ordain and establish this constitution.


GEORGIA

To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.


HAWAII

We, the people of Hawaii, grateful for Divine Guidance, and mindful of our Hawaiian heritage and uniqueness as an island State, dedicate our efforts to fulfill the philosophy decreed by the Hawaii State motto, "Ua mau ke ea o ka aina i ka pono."

(The translation of the motto is “The life of the land is perpetuated in righteousness.”)


IDAHO

We, the people of the state of Idaho, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare do establish this Constitution.


ILLINOIS

We, the People of the State of Illinois - grateful to Almighty God for the civil, political and religious liberty which He has permitted us to enjoy and seeking His blessing upon our endeavors - in order to provide for the health, safety and welfare of the people; maintain a representative and orderly government; eliminate poverty and inequality; assure legal, social and economic justice; provide opportunity for the fullest development of the individual; insure domestic tranquility; provide for the common defense; and secure the blessings of freedom and liberty to ourselves and our posterity - do ordain and establish this Constitution for the State of Illinois.


INDIANA

TO THE END, that justice be established, public order maintained, and liberty perpetuated; WE, the People of the State of Indiana, grateful to ALMIGHTY GOD for the free exercise of the right to choose our own form of government, do ordain this Constitution.


IOWA

WE THE PEOPLE OF THE STATE OF IOWA, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the State of Iowa, the boundaries whereof shall be as follows:


KANSAS

We, the people of Kansas, grateful to Almighty God for our civil and religious privileges, in order to insure the full enjoyment of our rights as American citizens, do ordain and establish this constitution of the state of Kansas, with the following boundaries, to wit: Beginning at a point on the western boundary of the state of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence running west on said parallel to the twenty-fifth meridian of longitude west from Washington; thence north on said meridian to the fortieth parallel of north latitude; thence east on said parallel to the western boundary of the state of Missouri; thence south with the western boundary of said state to the place of beginning.


KENTUCKY

We, the people of the Commonwealth of Kentucky, grateful to Almighty God for the civil, political and religious liberties we enjoy, and invoking the continuance of these blessings, do ordain and establish this Constitution.


LOUISIANA

We, the people of Louisiana, grateful to Almighty God for the civil, political, economic, and religious liberties we enjoy, and desiring to protect individual rights to life, liberty, and property; afford opportunity for the fullest development of the individual; assure equality of rights; promote the health, safety, education, and welfare of the people; maintain a representative and orderly government; ensure domestic tranquility; provide for the common defense; and secure the blessings of freedom and justice to ourselves and our posterity, do ordain and establish this constitution.


MAINE

We the people of Maine, in order to establish justice, insure tranquility, provide for our mutual defense, promote our common welfare, and secure to ourselves and our posterity the blessings of liberty, acknowledging with grateful hearts the goodness of the Sovereign Ruler of the Universe in affording us an opportunity, so favorable to the design; and, imploring God's aid and direction in its accomplishment, do agree to form ourselves into a free and independent State, by the style and title of the State of Maine and do ordain and establish the following Constitution for the government of the same.


MARYLAND

We, the People of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consideration the best means of establishing a good Constitution in this State for the sure foundation and more permanent security thereof, declare:


MASSACHUSETTES

We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the Constitution of the Commonwealth of Massachusetts.


MICHIGAN

We, the people of the State of Michigan, grateful to Almighty God for the blessings of freedom, and earnestly desiring to secure these blessings undiminished to ourselves and our posterity, do ordain and establish this constitution.


MINNESOTA

We, the people of the state of Minnesota, grateful to God for our civil and religious liberty, and desiring to perpetuate its blessings and secure the same to ourselves and our posterity, do ordain and establish this Constitution


MISSISSIPPI

We, the people of Mississippi in convention assembled, grateful to Almighty God, and invoking his blessing on our work, do ordain and establish this constitution.


MISSOURI

We the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this constitution for the better government of the state.


MONTANA

We the people of Montana grateful to God for the quiet beauty of our state, the grandeur of our mountains, the vastness of our rolling plains, and desiring to improve the quality of life, equality of opportunity and to secure the blessings of liberty for this and future generations do ordain and establish this constitution.


NEBRASKA

We, the people, grateful to Almighty God for our freedom, do ordain and establish the following declaration of rights and frame of government, as the Constitution of the State of Nebraska.


NEVADA

We the people of the State of Nevada Grateful to Almighty God for our freedom in order to secure its blessings, insure domestic tranquility, and form a more perfect Government, do establish this Constitution.


NEW HAMPSHIRE

(Article V of their Bill of Rights:)

Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience, and reason; and no subject shall be hurt, molested, or restrained, in his pers on, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession, sentiments, or persuasion; provided he doth not disturb the public peace or disturb others in their religious worship.


NEW JERSEY

We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, do ordain and establish this Constitution.


NEW MEXICO

We, the people of New Mexico, grateful to Almighty God for the blessings of liberty, in order to secure the advantages of a state government, do ordain and establish this Constitution.


NEW YORK

We The People of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION.


NORTH CAROLINA

We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof and for the better government of this State, ordain and establish this Constitution.


NORTH DAKOTA

We, the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this constitution.


OHIO

We, the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, do establish this Constitution.


OKLAHOMA

Invoking the guidance of Almighty God, in order to secure and perpetuate the blessing of liberty; to secure just and rightful government; to promote our mutual welfare and happiness, we, the people of the State of Oklahoma, do ordain and establish this Constitution.


OREGON

(Article I, Section 2 of their Bill of Rights:)

All men shall be secure in the Natural right, to worship Almighty God according to the dictates of their own consciences.


PENNSYLVANIA

WE,the people of the Commonwealth of Pennsylvania,grateful to Almighty God for the blessings of civil and religious liberty,and humbly invoking His guidance,do ordain and establish this Constitution.


RHODE ISLAND

We, the people of the State of Rhode Island and Providence Plantations, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and to transmit the same, unimpaired, to succeeding generations, do ordain and establish this Constitution of government.


SOUTH CAROLINA

We, the people of the State of South Carolina, in Convention assembled, grateful to God for our liberties, do ordain and establish this Constitution for the preservation and perpetuation of the same.


SOUTH DAKOTA

We, the people of South Dakota, grateful to Almighty God for our civil and religious liberties, in order to form a more perfect and independent government, establish justice, insure tranquility, provide for the common defense, promote the general welfare and preserve to ourselves and to our posterity the blessings of liberty, do ordain and establish this constitution for the state of South Dakota.


TENNESSEE

(Article I, Section 3:)

That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience; that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any minister against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given, by law to any religious establishment or mode of worship.


TEXAS

Humbly invoking the blessings of Almighty God, the people of the State of Texas, do ordain and establish this Constitution.


UTAH

Grateful to Almighty God for life and liberty, we, the people of Utah, in order to secure and perpetuate the principles of free government, do ordain and establish this CONSTITUTION


VERMONT

(Chapter 1, Article 3:)

That all persons have a natural and unalienable right, to worship Almighty God, according to the dictates of their own consciences and understandings, as in their opinion shall be regulated by the word of God; and that no person ought to, or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any minister, contrary to the dictates of conscience, nor can any person be justly deprived or abridged of any civil right as a citizen, on account of religious sentiments, or peculia[r] mode of religious worship; and that no authority can, or ought to be vested in, or assumed by, any power whatever, that shall in any case interfere with, or in any manner control the rights of conscience, in the free exercise of religious worship. Nevertheless, every sect or denomination of christians ought to observe the sabbath or Lord's day, and keep up some sort of religious worship, which to them shall seem most agreeable to the revealed will of God.


VIRGINIA

We, therefore, the people of Virginia, so assembled in convention through our representatives, with gratitude to God, for His past favors, and invoking His blessings upon the result of our deliberations, do ordain and establish the following revised and amended Constitution for the government of the Commonwealth:


WASHINGTON

We, the people of the State of Washington, grateful to the Supreme Ruler of the Universe for our liberties, do ordain this constitution.


WEST VIRGINIA

Since through Divine Providence we enjoy the blessings of civil, political and religious liberty, we, the people of west Virginia, in and through the provisions of this Constitution, reaffirm our faith in and constant reliance upon God and seek diligently to promote, preserve and perpetuate good government in the State of West Virginia for the common welfare, freedom and security of ourselves and our posterity.


WISCONSIN

We, the people of Wisconsin, grateful to Almighty God for our freedom, in order to secure its blessings, form a more perfect government, insure domestic tranquility and promote the general welfare, do establish this Constitution.


WYOMING

We, the people of the State of Wyoming, grateful to God for our civil, political and religious liberties, and desiring to secure them to ourselves and perpetuate them to our posterity, do ordain and establish this Constitution.

 
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Old
  May 27th 2003 , 03:34 PM
 
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Jinx72,

It's just a matter of time before these state constitutions are found to be "unconstitutional"....

Jacob

 
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Old
  May 27th 2003 , 04:36 PM
 
 
 
 
I guess I'm at a loss as to what's interesting about this collection of preambles. None of them have any force of law, each being essentially quaint, flowery rhetoric.

Most state constitutions also contain religious freedom clauses and bans on religious tests for public office, much like their federal counterpart, which further render these preambles superfluous and irrelevant.

Of course some state constitutions actually contain passages discriminatory against non-believers, but these are never invoked, much like the adultery statutes many states have on their books, but are never enforced.

So unless someone can demonstrate that they've suffered actual harm brought about by any of these toothless preambles, it's unlikely they'll be removed, unless some state legislator proposes to amend them, which is unlikely, given that pandering to the atheist vote is practically unheard of in this pious land.

 
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Old
  May 27th 2003 , 04:42 PM
 
 
 
 
But, of course, the Pledge of Allegiance is a different matter.

 
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Old
  May 27th 2003 , 05:23 PM
 
 
 
 
Today @ 09:36 PM post located here
Death Cookie:


I guess I'm at a loss as to what's interesting about this collection of preambles. None of them have any force of law, each being essentially quaint, flowery rhetoric.
That's where you're wrong. The Constitution(s) are the premier law, and the preambles show the mindset of the men who wrote them. The inclusion of this "quaint, flowery" religious rhetoric shows that the establishment clause cannot indicate "freedom from religion".



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Old
  May 27th 2003 , 06:50 PM
 
 
 
 
That's where you're wrong. The Constitution(s) are the premier law, and the preambles show the mindset of the men who wrote them. The inclusion of this "quaint, flowery" religious rhetoric shows that the establishment clause cannot indicate "freedom from religion".
First you say I am wrong, and then you agree with me. The mindsets of the men who wrote these preambles have no force of law, nor do these preambles' references to supreme beings and such have any force of law.

And these constitutions may apply to their individual states, but they don't apply to any other states, nor do any of them exceed the authority of their federal counterpart.

Also, I would take issue with your final claim, since the Court has held that non-believers have just as much right to be free from government endorsement of any religion as a Southern Baptist is free from government endorsement of Catholicism, or vice versa. That is, the government cannot endorse any one religion in favor of any others, nor can it favor religion over non-religion.

 
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Old
  May 27th 2003 , 07:51 PM
 
 
 
 
Today @ 04:23 PM post located here
Jacob:




That's where you're wrong. The Constitution(s) are the premier law, and the preambles show the mindset of the men who wrote them. The inclusion of this "quaint, flowery" religious rhetoric shows that the establishment clause cannot indicate "freedom from religion".



Jacob
The men who wrote them are long dead. Also, it isn't "quaint, flowery religious rhetoric," it is "quaint, flowery spiritual rhetoric." There are millions of people who believe in something they call God but who do not subscribe to any particular religion. Those people run the gamut from pagan tribalism to more mainstream mindsets. At any rate, when someone says the word God, it is certainly not a foregone conclusion that it must be taken in the Christian context. God is a rather vague and nonspecific term. It can refer to a spiritual entity or it can refer to a random set of natural processes. It can refer to an omnipotent intelligence, or to a fallible intelligence, or to something with no intelligence at all.

 
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Old
  May 27th 2003 , 09:43 PM
 
 
 
 
True, Eireann.

I think the main point is that given the pervasiveness of spirituality in the American society, Jinx is trying to say that rulings against the recognition of "God" is absurd.

 
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Old
  May 28th 2003 , 01:00 PM
 
 
 
 
Patroclus is correct. If the defense is that the preambles have no "force of law," then how can the Pledge of Allegiance be unconstitutional as it also has no "force of law?"

 
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Old
  May 28th 2003 , 01:36 PM
 
 
 
 
Today @ 12:00 PM post located here
Jinx72:


Patroclus is correct. If the defense is that the preambles have no "force of law," then how can the Pledge of Allegiance be unconstitutional as it also has no "force of law?"
In many schools, the recitation of the PoA was a requirement (it was in more than one of my old schools). AFAIK, people aren't required very often to recite the preambles to their state consititutions. People have been sent to the principle's office and given disciplinary sanctions, though, for refusing to recite the PoA.

 
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Old
  May 28th 2003 , 03:23 PM
 
 
 
 
Today @ 06:36 PM post located here
Eireann:


In many schools, the recitation of the PoA was a requirement (it was in more than one of my old schools). AFAIK, people aren't required very often to recite the preambles to their state consititutions. People have been sent to the principle's office and given disciplinary sanctions, though, for refusing to recite the PoA.
In the Newdow case, fwiw, the issue wasn't any requirement to recite the Pledge, for there is no such requirement. Cases involving JW's secured the tradition of voluntary participation only.

 
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Old
  May 28th 2003 , 03:51 PM
 
 
 
 
Today @ 06:36 PM post located here
Eireann:




In many schools, the recitation of the PoA was a requirement (it was in more than one of my old schools). AFAIK, people aren't required very often to recite the preambles to their state consititutions. People have been sent to the principle's office and given disciplinary sanctions, though, for refusing to recite the PoA.
What kind of sentence did they get?

There is no law requiring the student to recite the pledge. School policy is not "law". Also, parents choose to send their children to any particular school. This is especially true as the charter school and home school movement have gained speed.

My point is that no police officer is going to arrest a student for not saying a pledge, and no one is going to jail for refusing to recite the pledge.

The pledge has no "force of law".

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Old
  May 28th 2003 , 03:59 PM
 
 
 
 
Yesterday @ 11:50 PM post located here
Death Cookie:

The mindsets of the men who wrote these preambles have no force of law, nor do these preambles' references to supreme beings and such have any force of law.
What the authors of a Constitution or law intended is the correct meaning of that Constitution or law. As such, their mindset is invaluable in understanding the correct meaning of the laws they wrote.


Also, I would take issue with your final claim, since the Court has held that non-believers have just as much right to be free from government endorsement of any religion as a Southern Baptist is free from government endorsement of Catholicism, or vice versa. That is, the government cannot endorse any one religion in favor of any others, nor can it favor religion over non-religion.
This gets back to the intent of the authors of the Federal & State Constitutions. Either their intent is binding, or it is irrelevant. I think it's clear that the authors of the Federal Constitution were thinking in terms of either Deism or Monotheism. They were simply concerned that no one establish a "State Church", which would have elevated one Christian denomination above the others.

The courts have ignored the intent of the authors, and they have come to erroneous conclusions.

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Old
  May 28th 2003 , 04:00 PM
 
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Patroclus is correct. If the defense is that the preambles have no "force of law," ...
Defense of what? Nothing is likely to ever become of anyone because the Dairy State's constitution mumbles something about "blessings" and "Almighty God" in its preamble.

... then how can the Pledge of Allegiance be unconstitutional as it also has no "force of law?"
Who said the Pledge of Allegiance was unconstitutional? The 1954 Act that inserted "under God," perhaps, but not the Pledge itself, in either its original or paranoid McCarthyite incarnations.

 
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Old
  May 28th 2003 , 04:12 PM
 
Last edited by Death Cookie : May 28th 2003 at 04:37 PM .  
 
 
What the authors of a Constitution or law intended is the correct meaning of that Constitution or law.
Oooh. Now there is the proverbial can o' worms for ya.

As such, their mindset is invaluable in understanding the correct meaning of the laws they wrote.
Helpful at times, I would concede. Most of them are dead now, and as such their mindsets are often difficult to discern (and for many other reasons as well).

This gets back to the intent of the authors of the Federal & State Constitutions. Either their intent is binding, or it is irrelevant.
I submit that is a false dichotomy. Theories of statutory construction are much more complex (and numerous) than what you suggest.

I think it's clear that the authors of the Federal Constitution were thinking in terms of either Deism or Monotheism.
I think that is a fair comment, as far as it goes. However the text of the First Amendment on its face belies your interpretation, since it refers to religion, which includes that which you mentioned above, as well as any manner of polytheistic faiths. So in this case, it seems to me, there is no need to attempt to discern the mindset of the Framers, since the text precludes any need for further construction, at least for this particular purpose.

They were simply concerned that no one establish a "State Church", which would have elevated one Christian denomination above the others.
But that is not what the First Amendment says.

The courts have ignored the intent of the authors, and they have come to erroneous conclusions.
The courts, in your opinion, may have come to erroneous conclusions, but it's hardly the case they ignored the intent of the Framers.

[Edited for spelling.]

 
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Old
  May 28th 2003 , 04:42 PM
 
 
 
 
Today @ 02:51 PM post located here
Jacob:




What kind of sentence did they get?
Usually just a warning, but repeat offenses were sometimes met with Detention, which is a punitive sentence, of a sort.

There is no law requiring the student to recite the pledge. School policy is not "law".
Any written policy handed down by a legislative or governing body, especially if it allows for sanctions when violated, is a law, whether or not it came from a city, state or federal level. School policy is law within the confines of that school or district.

Also, parents choose to send their children to any particular school.
When I was in school, that luxury didn't exist. You were required to attend the school specified by your zoning district.

The pledge has no "force of law".
Punishment need not be meted out by a police force for it to be an imposition of law. Any body of authority can mete out law within its own "jurisdiction." A school board, superintendent or principle is just such a body of authority.

 
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