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former9thward

(31,963 posts)
1. Religious tests for government office are banned by the Constitution.
Wed Jan 1, 2014, 04:51 PM
Jan 2014

Article VI, paragraph 3:

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

You will need to get that dropped before you can impose your religious requirements.

Response to former9thward (Reply #1)

 

hrmjustin

(71,265 posts)
3. Wow, just wow!
Wed Jan 1, 2014, 04:55 PM
Jan 2014

last1standing

(11,709 posts)
8. Look at that. You and I agree again.
Wed Jan 1, 2014, 04:59 PM
Jan 2014

This poster appears to be demanding that we replace justices of one faith with those of his choosing.

 

hrmjustin

(71,265 posts)
9. Lol. well I knew we agreed on a few things.
Wed Jan 1, 2014, 05:00 PM
Jan 2014

former9thward

(31,963 posts)
7. Well I don't like every SC decision...
Wed Jan 1, 2014, 04:58 PM
Jan 2014

But they are all highly educated in the field of law whether you like them or not. It is immature to call them "morons." And no one, but no one, ever gets anywhere in life doing so. People like that end up sitting on a bar seat at 7 a.m by themselves yelling at the TV set.

last1standing

(11,709 posts)
10. Maybe we could give him Thomas.
Wed Jan 1, 2014, 05:01 PM
Jan 2014

As a law student, I've read many holdings and dissents by Thomas and I've yet to find one that made sense.

cbayer

(146,218 posts)
12. Are you saying that there should be a change in qualifications that would include a religious test?
Wed Jan 1, 2014, 05:08 PM
Jan 2014

Really?

elleng

(130,825 posts)
4. Test for a 'stay' is a legal test.
Wed Jan 1, 2014, 04:57 PM
Jan 2014

Sorry that so many assume justices make these sometimes difficult decisions on other bases.

I think she did the right thing, and I'm Jewish. Does that disqualify me from serving?

 

LittleBlue

(10,362 posts)
5. This presumes that the decision was based on her Catholicism
Wed Jan 1, 2014, 04:57 PM
Jan 2014

and not her objective interpretation of the constitution.

It could very well be that she has legitimate constitutional questions even if I (we) don't agree.

last1standing

(11,709 posts)
6. Would a couple of Southern Baptists make it better?
Wed Jan 1, 2014, 04:58 PM
Jan 2014

Or a Hindi and a Muslim? Should Animism be represented on the Court or maybe voodoo and Santeria?

The problem isn't with the religious makeup of the Court, the problem is with the majority using their ideology instead of the Constitution as their primary guideline for making decisions. As I explained to you in another thread, Sotomayer made the right call based on at least 25 years of precedent. She would have been negligent if she did not place a stay on allowing the ACA to force religious orgs to pay for contraception before the issue could be brought to the full court. While I would hope SCOTUS reverses precedent and overturns the holdings in Amos and Hosannah-Tabor, that call should not be made by a single justice.

 

WinkyDink

(51,311 posts)
11. No, diversity is not the issue. All Catholic, all Protestant, all....whatever. Who cares. It MATTERS
Wed Jan 1, 2014, 05:04 PM
Jan 2014

ONLY when a religious belief is used to assess a secular law.

Response to Name removed (Original post)

 

hrmjustin

(71,265 posts)
14. I think that would be great but a religious test is not appropriate.
Wed Jan 1, 2014, 05:13 PM
Jan 2014

Response to hrmjustin (Reply #14)

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