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To: middie
Religious views properly may be a part of every judge's personal life but they should have no role in the conduct a trial or hearing when that judge puts on the black robe. Impartiality and dispassion are the very core of every judge's oath. This nominee has already indicated that her judicial integrity is jeopardized by her predisposed views.

You are absolutely wrong in the view of history, and nearly as goofy to be so absent common sense.

Religion is the basis for Judicial Oaths, as Blackstone wrote:

Basis of Judicial Oaths. The belief in a future state of rewards and punishments, the entertaining just ideas of the attributes of the Supreme Being, and a firm persuasion that He superintends and will finally compensate every action in human life, are the grand foundation of judicial oaths, which call God to witness the truth of those facts, which perhaps may only be known to him and the party attesting. All moral evidence, all confidence in human veracity [are] weakened by apostasy, and overthrown by total infidelity.
http://personal.pitnet.net/primarysources/blackstone.html
Religious motive is stated as the ultimate basis for the complaints for cause listed in the Declaration of Independence (religious terms highlighted):
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Consider how a Rabbi quotes the famous US Judge Learned Hand:

Freedom is not, as so many have thought, a matter of political or military victories alone. It involves "habits of the heart." Unless children know about Egypt and the exodus, they will not understand the entire structure of Jewish law. They will not grasp the fact that Judaism is an infinitely subtle set of laws designed to create a society of free individuals serving the free G-d in and through the responsible exercise of freedom. The American judge Learned Hand put it well:
I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. And what is this liberty which must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not freedom to do as one likes. That is the denial of liberty, and leads straight to its overthrow. A society in which men recognize no check upon their freedom soon becomes a society where freedom is the possession of only a savage few; as we have learned to our sorrow.
Chief Rabbi (England) Professor Jonathan Sacks, Thoughts on the Story of the Exodus (Parsha Bo)
The men and women include Judges and Jurors, Legislator, Executive and Prosecutor, Lawyer and Police. All must operate according to the most fundatmental, precedent and primary of laws -- that of religion. Without that religious restraint and guidance applied by each individual in each duty -- public and private, any attempt at law and laws is folly, is doomed.
53 posted on 04/26/2005 7:04:47 PM PDT by bvw
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To: bvw

The response to your discourse is simple: The judicial oath which froms the premise of your comments is the oath a witness takes in preparation for testimony. It has nothing to do with the oath a judge takes to apply the law without fear or favor, impartially and dispassionately irrespective of a partiy's faith, color or any other singular trait attributable to a person before the court.


85 posted on 04/30/2005 9:23:14 AM PDT by middie
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