Scott Langston has an interesting article in this month’s SBL Forum entitled “What Makes the Bible Meaningful/Useful: The Ten Commandments and American Ideals.” Langston focuses on the reception history of the Ten Commandments and their use in politics during the Gilded Age of America.
Langston’s essay is well worth a read, particularly for those interested in how the Bible is used in politics. He notes that prior to the Civil War, the Ten Commandments were usually applied individually to address particular issues. In the Gilded Age, however, politicians began to refer to them as a whole as a text that expressed what it meant to be American. It is interesting to note that many of the uses of the Ten Commandments during that era were by progressives, which contrasts with the current situation where the Ten Commandments are more likely to be evoked by conservatives.
One of my favorite uses was by William Jennings Bryant, who accused the Republican’s of wanting to rewrite the Ten Commandments to say, “Thou shalt not steal on a small scale.” This sounds a lot like contemporary Republican rhetoric about revisionist history1 and Democrats wanting to remove the Ten Commandments from public life.
Langston begins his essay by talking about recent controversies surrounding the use of the Ten Commandments, in particular their placement in the rotunda of the Alabama Judicial Building by Justice Roy Moore. Moore had done this to call America back to its moral foundation.
One of the arguments that is sometimes made by those who are advocating a return to biblical law is that the Ten Commandments are the basis for American law. While I would agree that American morality has traditionally been based in part on the Ten Commandments, the idea that the Ten Commandments underlie American law is demonstrably false. Nevertheless, it continues to be believed by a fidimplicitary portion of the voting public.
When I teach the Ten Commandments in my intro classes, I always have my students put this assertion to the test. We write the Ten Commandments on the board and then mark out the ones that are not American laws. Here is how it comes out:
- No other Gods before Yahweh - Article I of the U.S. Constitution prohibits this from being an American law.
- No idols - American law does not ban the making of graven images.
- Do not take the Lord’s name in vain - The use of God’s name as profanity is not illegal, even on television. The FCC has ruled that while it may be offensive to some, it is not a violation of indecency laws.
- Observe the Sabbath - We used to have Blue Laws on the books that prohibited some work on Sunday (if we pretend Sunday is the Sabbath for a second), but most of those laws are no longer in effect.
- Honor your father and mother - There is no requirement in American law that we must honor our parents.
- Do not murder - This is a part of American law.
- Do not commit adultery - While not a federal law, some states do have laws against adultery. In Maryland, for instance, adultery is a misdemeanor punishable by a fine of $10. Such laws are rarely enforced.
- Do not steal - This is a part of American law.
- Do not bear false witness - This is a part of American law.
- Do not covet - American law does not forbid this. If it did, most commercials would suddenly be illegal.
In other words, only the prohibitions against murder, theft, and perjury are unquestionably a part of American law. Of course, you would be hard pressed to find a legal system anywhere in the world that doesn’t include laws against these three things, even in societies that have never heard of the Ten Commandments. And even if we add ##3, 4, and 7 (which were the basis for laws in times past), that still means that only six out of ten of the Commandments are a part of American law.
Those are hardly grounds for claiming that the Ten Commandments are the basis for the U.S. legal system.
- As if there were such a thing as a non-revisionist history. [back]


