This section contains the nature of the case and procedural background.

P was appointed to the office of Notary Public but was refused a commission because he would not declare his belief in God. P brought this action to compel issuance of his commission claiming that the State's requirement that he declare this belief violated 'the First and Fourteenth Amendments to the Constitution of the United States . . . .' The Circuit Court disagreed and the highest court of the State, the Court of Appeals, affirmed, holding that the state constitutional provision is self-executing and requires declaration of belief in God as a qualification for office without need for implementing legislation. The Supreme Court granted certiorari.

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