Someone recently directed me to a poll asking the question "Should we remove 'In God We Trust' from our coinage?" I never did take the poll, but I wrote the following answer (which I have since edited slightly):
I am certainly sympathetic to the questionable constitutionality on this topic. Yet, there are a number of mitigating factors.
The first is the gravity of the infraction. The first amendment declares that congress shall make no law respecting an establishment of religion nor prohibiting the free exercise thereof. Consider the degree to which one half of this prohibition has been expanded (make no law establishing religion), while the other half has been utterly disregarded (preventing the free exercise thereof). Consider the ever contracting interpretation of the second amendment. Contrast the liberal application of the 14th amendment with the powerlessness of the 10th amendment. Consider the use of the interstate commerce clause to restrict nearly any activity congress sees fit to restrict. One cannot help notice that application of constitutional precepts has little to do with interpreting what is written or what was intended, and much to do with congress and the courts twisting the words of the Constitution in an attempt to make them match their interests. Regardless of which part of the political fence you choose to occupy, congress has ignored some part of the Constitution which is important to you.
Given the immense gravity of many of these infractions, concerns about the use of "In God We Trust" are a trivial. These words on our coinage cannot be said to establish a religion. At most, they reflect the belief in a deity held by the vast majority of the citizens. The rights of the majority should not trample the rights of the few, but we've not established a religion, we've only acknowledged a very generic God.
We have plenty of laws banning the majority from free exercise of religion, through efforts like banning prayers in schools (1st amendment). We are willing to restrict the rights of citizens to keep and bear arms (2nd amendment). We are willing to allow all kinds of invasions of persons, houses, papers, and effects (4th amendment). We are willing to make federal laws on any range of topics for which no such authority is provided in the constitution (10th amendment). If we are truly concerned about the integrity of the Constitution, we have more important issues to deal with than the bland statement of "In God We Trust" on our currency.
The second mitigating factor is the historical precedent. We have used the words "In God We Trust" on our currency since the Civil War - almost 150 years. The Supreme Court found in 2006 that a monument including the ten commandments could remain on on display outside a courthouse in Texas. Among the reasons given in support of this decision was the historical precedent. The monument had stood for over 50 years. With three times the historical precedent for "In God We Trust", and far less association with a particular religion or practice, the same argument applies for the coin.
On the other hand, we need to break the bad habit we've formed of ignoring the Constitution for expedience, and this should be no exception. If the imprinting of these words on our coins could be said to be respecting an establishment of religion, then the words should go. Recall the words of the amendment, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." An act of congress was required to add these words to our currency. As a result, there is some weight to the argument against this use of religion. Whereas prayers in public schools are not the result of an act of congress, our coinage is. And this phrase, in particular, is on the coins as a result of an act of congress. If our courts find that prayer in public schools is a violation of the first amendment, then certainly "In God We Trust" on our coins is, too.
But this brings us full circle. The question that I have for people who want to use the Constitution to dismiss all remnants of religion from public life is this - are you concerned with defending the Constitution, or furthering some other agenda? If you use the Constitution to erase words from a coin, are you willing to stand up for those elements of the Constitution to which you do not personally subscribe? Are you willing to tell the federal government that it has no business restricting the right of the people to keep and bear arms? The second amendment says so. If you are not a gun rights supporter, you will say "that's only for the militia". I will concede that the text is somewhat ambiguous, and I would make the same argument regarding the ambiguity of the application of the first amendment to the statement on the coin. Do you support eliminating all forms of federally administered unemployment benefits and social security? The 10th amendment states clearly that if the Constitution has not explicitly granted a power to the federal government, it is reserved to the states and the people. No authority for unemployment or social security is granted to the federal government in the Constitution. If you want to remove "In God We Trust" because it you believe it is unconstitutional, I respect that. If you want to remove "In God We Trust" because you don't like it, and you are simply using the Constitution as a tool to get what you want, I have no time for you. I have a bone to pick with people who are willing to use the Constitution to support their cause, but are equally willing to ignore the Constitution when it does not support their cause.
I would not dismiss out of hand the argument that "In God We Trust" should be removed from our currency. But if the decision were given to me to make right now, I would be inclined to leave the words there. In any case, spending resources on this minor issue is much like polishing a scuff mark from a car that has been crushed by a falling bolder - there are bigger issues that need to be addressed first.
And them's the fax.
