Posted on 11/19/2002 8:36:24 AM PST by Dallas
You gotta love this guy....
Don't play games. Show me where on "can clearly see the influence of the Ten Commandments" on the United States Constitution. If this is so plainly self-evident, this oughta be a cinch.
Please. We're not complaining.
The Federal Judge's ruling is baseless. Judge Moore has not established any religion. What the Federal Judge did was to create law from the bench that FORBIDS THE FREE EXERCISE OF RELIGION--this is unconstitutional.
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The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution;
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Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
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Here's a little dictionary exercise on establishment, religion, free, and exercise, something apparently not understood too well.
Establishment:
Something established, as: a) An arranged order or system, especially a legal code; b) A permanent civil, political, or military organization; c. An established church
Religion:
Belief in and reverence for a supernatural power or powers regarded as creator and governor of the universe; A personal or institutionalized system grounded in such belief and worship.
Forbid:
To forbid by authority; to prevent; preclude.
Free:
Exempt from subjection to the will of others; not under restraint, control, or compulsion; able to follow one's own impulses, desires, or inclinations; determining one's own course of action; not dependent; at liberty.
Exercise: An act of employing or putting into play
But now comes the hard part: how are you going to go about getting your Four Noble Truths displayed? Do you petition the state in which you live? If the state turns down your request, then what? File a lawsuit against the state? On what grounds would you file the lawsuit? On the grounds that the state isn't displaying text from every known religion on Earth? Does the state have a legal obligation to display text from every known religion if they display text from one religion?
Then you scare pretty easy.
A historical display is not a religious comentary. And if Shar'ia law was foundational to American jurisprudence, one should expect to see it in a historical display.
There is no religion being established here. Move along.
By the way, Agustus outlawed adultery 2000 tears ago. Doesn't that show that he beat the commandments to Europe. Just a little tangent
FF578, I'm a lawyer, and citing to 1811 decisions from the Supreme Court of New York (which really isn't the Supreme Court of New York -- misleading title there), isn't terribly persuasive. I find the First Amendment to be far more authoritative.
For what its worth, I have no problem with posting the Ten Commandments. At the bare minimum, they are an incredibly influential document/icon of western legal and moral history. Sort of a statement that even from a very early period, people had laws based on morality to guide their daily interactions. Where I'd have a problem is if the Judge required litigants to recite the Commandments before beginning oral arguments. But he's not doing that.
I don't oppose the judge's stance, as long as he were to comply with a final order of whatever level of court this case ends at. My only point has been that those who claim that the Ten Commandments are the foundation of our legal system, or were instrumental in creating our legal system, are wrong. Or at least, they lack evidence showing that our system would be any different without the Commandments.
Atheists are a relatively recent development (wart) on the body politic.... If we did a good act merely from the love of God and a belief that it is pleasing to Him, whence arises the morality of the Atheist? It is idle to say, as some do, that no such thing exists. We have the same evidence of the fact as of most of those we act on, to wit: their own affirmations, and their reasonings in support of them. I have observed, indeed, generally, that while in Protestant countries the defections from the Platonic Christianity of the priests is to Deism, in Catholic countries they are to Atheism. Diderot, D'Alembert, D'Holbach, Condorcet, are known to have been among the most virtuous of men. Their virtue, then, must have had some other foundation than love of God.
-Eric
Tell that to the Pharoah Khufu.
A lower Federal court is NOT superior to a State Court. Especially concerning a STATE issue. This IS a State issue.
Actually, the Feds do have jurisdiction here, because this concerns the First Amendment to the United States Constitution.
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
Nowhere in the Constitution does it give the Federal Govt the Right to tell the states what to do. If it does not specify that, then it does not have the power.
C.F. The Fourteenth Amendment.
Tell me how the Buddha's teachings influenced the founding of our country, How many of our founding fathers were Buddhist?
Well, I'm a bit like ERocc in that I have a hard time seeing a direct connection. There are too many Commandments that are simply ignored in our legal system, and other Commandments such as not stealing or killing that I think any civilized society must have. On the other hand, I do think that Christian principles influenced a great deal of what they wrote and believed more generally. Particularly in the Declaration of Independence.There isn't anything in the Declaration that couldn't have been written by a Deist who rejected the divinity of Christ. Which isn't suprising, since one wrote it.
-Eric
Yes, that would be a problem, wouldn't it? So, what are we to do, base our selection strictly on a majority? But then again, wouldn't that be mob rule and I thought that was something we are against here, after all isn't that why we formed a Constitutional Republic?
Because we're talking about the Constitution, not unenforced state statutes.
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