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Old 06-27-2005, 08:53 AM
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Default Dyslexic Supreme Court and the Ten Commandments

http://www.cnn.com/2005/LAW/06/27/sc...mmandments.ap/

It's okay to have a 6 foot statue of the Ten Commandments outside a public building (Texas State Capital) but it's not okay for the Ten Commandments to be hung inside a public building (Kentucky Courtroom).

Yeah, I follow the logic of that...NOT!

This is the worst court I have seen in my lifetime. Every decision is a 5-4 decision. How can nine people reading the very same Constitution have such differing views on what it says? Words have meaning. They mean no more nor less than what they say. So long as judges begin with that understanding, there is little chance of such differing views, as we currently have on this court. In BOTH cases, it's either establishment of religion or it isn't. Which one is it? This court decided to slice the baby in two and give each side one half of a dead child.
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Old 06-27-2005, 09:07 AM
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Default Scalia, Thomas and Rehnquist get it right

Justice Antonin Scalia "What distinguishes the rule of law from the dictatorship of a shifting Supreme Court majority is the absolutely indispensable requirement that judicial opinions be grounded in consistently applied principle."

"Of course, the Ten Commandments are religious -- they were so viewed at their inception and so remain. The monument therefore has religious significance," Chief Justice William H. Rehnquist wrote for the majority in the case involving the display outside the state capitol of Texas.

"Simply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the Establishment clause," he said.

"While the court correctly rejects the challenge to the Ten Commandments monument on the Texas Capitol grounds, a more fundamental rethinking of our Establishment Clause jurisprudence remains in order," Thomas wrote in a separate opinion.
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Old 06-27-2005, 10:57 AM
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Quote:
Originally Posted by barney-fife";p=&quot View Post
http://www.cnn.com/2005/LAW/06/27/scotus.commandments.ap/

It's okay to have a 6 foot statue of the Ten Commandments outside a public building (Texas State Capital) but it's not okay for the Ten Commandments to be hung inside a public building (Kentucky Courtroom).
With the exception for the USSC, that is. It's okay there!!

Quote:
Originally Posted by barney-fife";p=&quot View Post
Yeah, I follow the logic of that...NOT!

This is the worst court I have seen in my lifetime. Every decision is a 5-4 decision. How can nine people reading the very same Constitution have such differing views on what it says? Words have meaning. They mean no more nor less than what they say. So long as judges begin with that understanding, there is little chance of such differing views, as we currently have on this court. In BOTH cases, it's either establishment of religion or it isn't. Which one is it? This court decided to slice the baby in two and give each side one half of a dead child.
This is certainly one goof up by Ronald Reagan: the appointment of Sandra Day O'Conner to the USSC. Can't believe she sided with the liberals on the Kentucky ruling. You are right: it makes no sense.
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Old 06-27-2005, 11:01 AM
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Default Kennedy

was a Reagan appointee, and he sided with the libs in the land grab case last week.
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Old 06-27-2005, 11:10 AM
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was a Reagan appointee, and he sided with the libs in the land grab case last week.
Yeah....it's no wonder so many of the Dems liked Reagan. He was pretty liberal with his USSC nominees.
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Old 06-27-2005, 11:27 AM
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Default I'm surprised.

I thought all the "theocracy kooks" would be all over this decision.
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Old 06-27-2005, 12:16 PM
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Default Well, if they want to take the moral fabric out of society

watcha ya going to do? All the way back to Washington there have been references to God.
So if the Supreme Court decides they are the new dictators of the USA, then will anyone get really angry? I'm not angry. I am not surprised. I am sad that the USSC has decided to vote on party lines instead of the way of the constitution. I guess their next step is to say the Constitution is Unconstitutional.
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Old 06-27-2005, 12:38 PM
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Default religious doctrine does not run afoul of Establishment

I understand your feelings, but in the two decisions, the court ruled two different ways. Both cases involved the display of the Ten Commandments on Government property. In the case of the Commandments being outside a State Capital, on a 6 foot marble monument, the court ruled that was okay, but if the same Commandments are hung on a wall inside a courthouse, that was not okay.

You are absolutely correct about Washington. If he gave a speech today, the ACLU would be all over him.

The First Amendment is very clear. It says, "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.

The Amendment is restrictive to Congressional acts that would establish a religion. At the time the Amendment was written, some States even required that their representative to the Constitutional convention belong to the Anglican church. There is NOTHING in the First Amendment that prohibits the expression of religion by the government. As Chief Rehnquist correctly writes in the Texas decision:

"Of course, the Ten Commandments are religious -- they were so viewed at their inception and so remain. The monument therefore has religious significance. Simply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the Establishment clause,"

As Justice Thomas notes, “While the court correctly rejects the challenge to the Ten Commandments monument on the Texas Capitol grounds, a more fundamental rethinking of our Establishment Clause jurisprudence remains in order,"

He is exactly correct—a more fundamental rethinking of our Establishment Clause jurisprudence remains in order.
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Old 06-27-2005, 01:30 PM
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Default .

I haven't read the decisions yet, but on the surface, I can't reconcile them.

To the highly religious people here, I have to ask the question: Why do you support posting the 10 commandments on public property? I mean, people who care about the 10 commandments have already memorized them, and the people who don't care about them...well, they don't care about them.

A large segment of the American public has the obsessive need to evangelize their religion on others and I guess they like to have props available to help them. I am of two minds on these cases. My initial reaction is that they aren't unconstitutional, but then I think that the government, by allowing these displays, can be seen as giving its imprimatur to the contents of the displays. And while not an establishment of religion, it is close. The first amendment doesn't require a "wall of separation" between church and state, so it is unnecessary to discuss it.

Just a question to anyone who knows...the taxpayers didn't pay for either of these displays, right?
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Old 06-27-2005, 01:37 PM
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Well, if they want to take the moral fabric out of society
The Ten Commandments do not form the moral fabric of our society. The Social Contract forms for the moral fabric of our society.
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