Constitution: Freemasonry and the Constitution

 

Relevant Sections of the Constitution Related to Freemasonry

While the U.S. Constitution does not explicitly mention Freemasonry, several of its principles and provisions reflect ideals that were shared by many Freemasons who were influential during the founding of the United States. Freemasonry, a fraternal organization with roots in Enlightenment ideals, emphasizes liberty, equality, brotherhood, and religious tolerance—values that align with certain constitutional principles. Below are sections of the Constitution that could be considered related to these shared ideals:

1. Preamble: The Preamble outlines the purpose of the Constitution, including the promotion of "the general Welfare" and securing "the Blessings of Liberty." These goals resonate with Masonic ideals of brotherhood and individual freedom, which were influential among many Founding Fathers who were Freemasons, such as George Washington and Benjamin Franklin.

2. Article VI, Clause 3: This clause states that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." This reflects the Masonic principle of religious tolerance, as Freemasonry traditionally welcomed members of various faiths, focusing on universal moral values rather than specific religious doctrines.

3. First Amendment (Bill of Rights): The First Amendment guarantees freedoms of religion, speech, press, assembly, and petition. These protections align with Masonic values of individual liberty and the pursuit of knowledge, which were central to the Enlightenment thinking that influenced both Freemasonry and the Constitution.

4. Article I, Section 9 (Prohibition on Titles of Nobility): This section prohibits the United States from granting titles of nobility and bars officials from accepting such titles from foreign powers without congressional consent. This reflects a rejection of hierarchical privilege, which aligns with Masonic ideals of equality among members, often referred to as being "on the level."

While these connections are not direct references to Freemasonry, they highlight overlapping values between the organization and the constitutional framework crafted by founders, many of whom were Masons.

Historical Information and Context

Freemasonry played a notable role in the social and intellectual environment of the American Revolution and the drafting of the Constitution. Many prominent Founding Fathers, including George Washington, Benjamin Franklin, John Hancock, and Paul Revere, were Freemasons. It is estimated that at least nine signers of the Declaration of Independence and thirteen signers of the Constitution were Masons. The organization's emphasis on Enlightenment ideals such as reason, liberty, and moral virtue influenced the political philosophy of the time.

However, there has been significant debate among historians about the extent of Freemasonry's influence on the Constitution. While Masonic symbols and rituals are often cited in conspiracy theories (e.g., the "all-seeing eye" on the dollar bill), mainstream historical scholarship finds no direct evidence that Masonic rituals or doctrines were explicitly incorporated into the Constitution. Instead, the influence is more ideological, through shared values of liberty and equality.

Court Cases Related to Freemasonry and Constitutional Issues

There are no Supreme Court cases that directly address Freemasonry as an organization in relation to the Constitution. However, some cases indirectly touch on issues of religious freedom, association, and secrecy, which can be linked to broader Masonic principles or public perceptions of the organization:

1. Church of Lukumi Babalu Aye v. City of Hialeah (1993): This case addressed the First Amendment's protection of religious freedom. While not directly related to Freemasonry, the ruling reinforced the principle of religious tolerance by striking down laws that targeted specific religious practices. This aligns with Masonic values of accepting diverse beliefs, as the organization historically promoted religious inclusivity among its members.

2. NAACP v. Alabama (1958): This case upheld the right to freedom of association under the First Amendment, protecting the NAACP from being forced to disclose its membership lists. While not about Freemasonry, the principle of protecting private associations could apply to fraternal organizations like the Masons, which have historically valued confidentiality and privacy in membership.

3. Anti-Masonic Sentiment and Historical Context: In the early 19th century, the Anti-Masonic Party emerged in the United States due to suspicion of Freemasonry's secrecy and perceived elitism, particularly after the mysterious disappearance of William Morgan in 1826, who was allegedly murdered for threatening to expose Masonic secrets. While this did not result in direct Supreme Court cases related to the Constitution, it reflects historical tensions over the role of secret societies in a democratic republic. These tensions occasionally intersected with constitutional debates over freedom of association and religion.

In summary, while there are no explicit references to Freemasonry in the Constitution, the shared values of liberty, equality, and religious tolerance connect certain constitutional provisions to Masonic ideals. Historically, Freemasonry's influence is more evident in the personal beliefs of key founders rather than in the text of the Constitution itself. Court cases related to religious freedom and freedom of association provide indirect parallels to issues that could concern fraternal organizations like the Masons.

Internet References 

• National Park Service, "Freemasonry and the Founding Fathers": https://www.nps.gov/articles/freemasonry-and-the-founding-fathers.htm
• History.com, "Freemasons: History and Facts": https://www.history.com/topics/freemasons
• Cornell Law School Legal Information Institute, "First Amendment": https://www.law.cornell.edu/constitution/first_amendment
• Oyez.org, "Church of Lukumi Babalu Aye v. City of Hialeah": https://www.oyez.org/cases/1992/91-948
• Oyez.org, "NAACP v. Alabama": https://www.oyez.org/cases/1957/91

Sources

1 The United States Supreme Court Edited by Christopher Tomlins

2 U.S. Constitution for Everyone by Mort Green

3 On the Constitution of the United States by Joseph Story

4 The Constitution of the United States of America as Amended. Unratified Amendments. Analytical Index by Henry Hyde

5 The Making of America by W. Cleon Skousen