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How is it constitutional to have to swear on a Bible when testifying in an American Court of Law if the court cannot prove the actual existence of God by any means admissible in court?
Wiki User
∙ 14y ago
The answer to this, although not entirely satisfactory to me, begins with an understanding that the first Americans were under the impression that the United States would always be a white, protestant nation. George Washington alluded to this in his famous Farewell Address of 1796. So to differentiate the two events, the existence of God is not the issue being tried in a court hearing. Perhaps it should be, and in a sense it was debated during the legendary Scopes Trial. But it was all for naught, since it took several more decades before evolution was given a fair hearing for being taught as science in public schools.
To summarize, the country started with a very protestant emphasis, and has slowly become pluralistic enough to realize that some concessions must be made in order to maintain civility. Swearing on The Bible is a left-over from the religious paradigm of the early republic. Some citizens would probably argue that it continues to serve an important function in our society because it supports their viewpoint. But American society as a whole cannot be validly considered to be Christian, and as such not everyone can be expected to value an oath on the bible.
You are swearing to tell the truth, whether you are Christian or not. Violation of this is contempt of court and illegal. Perjury????
As previously mentioned, the "swearing on a Bible" is a relic of the time when the country, despite being quite forward in the separation of church and state, was still very much a Christian nation. As for whether the requirement to use a Bible is constitutional, the simple fact is that it isn't. Forcing a person to recognise the supposed authority of that book, regardless of how many people believe it to be true, is against the First Amendment, particularly the establishment cause ("no religion shall be promoted over any other"). Thus, it is unconstitutional to require one religion's text be used even if the person in question refutes said text and/or has their own. Further, a person does not need to swear any oath on anything, provided they acknowledge the consequence of perjury.
Wiki User
∙ 14y ago
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