Scalia: It Is A Lie That Gov't Cannot Favor Religion Over Secularism
Source: The New Civil Rights Movement
Supreme Court Justice Antonin Scalia told students at the conservative Colorado Christian University near Denver that it's "a lie" that the government cannot favor one religion over another, or religion over secularism.
Scalia, who has said that "the traditional Christian virtues are essential" for society, also said that "we do God honor in our pledge of allegiance, in all our public ceremonies. Theres nothing wrong with that. It is in the best of American traditions, and dont let anybody tell you otherwise. I think we have to fight that tendency of the secularists to impose it on all of us through the Constitution.
Scalia also told the students that it's "utterly absurd" to suggest that "the separation of church and state means that the government cannot favor religion over non religion."
Read more: http://www.thenewcivilrightsmovement.com/davidbadash/scalia_it_is_a_lie_that_government_cannot_favor_religion_over_secularism?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+TheNewCivilRightsMovement+%28The+New+Civil+Rights+Movement%29
Therefore, Hobby Lobby ...
StopTheNeoCons
(910 posts)radiclib
(1,811 posts)The man is a moron.
blkmusclmachine
(16,149 posts)misterhighwasted
(9,148 posts)..as he smirked & waved a supposed copy over his swastica shaped head.
That moffia family has been bleeding this country since they set foot on it.
Lying, thieving, whole damned bunch of them & the sorry lot of their corrupt pals like Scalia & Cheney.
Lucky Luciano
(11,857 posts)kimbutgar
(27,216 posts)And after that the waste of tax payer money, Clarence Thomas. It is disgusting he replaced the great judge Thurgood Marshall.
Sometimes I wish bad karma on them both.
Prophet 451
(9,796 posts)I pray nightly for a three-car pile-up in the SCOTUS parking lot.
bvf
(6,604 posts)Simultaneous massive coronaries while in chambers would suit me just fine.
Prophet 451
(9,796 posts)I'm fine with however the deity chooses to relieve us of these three bags of crap, so long as it happens ASAP.
kimbutgar
(27,216 posts)But I was trying to PC. What I really wish on them would get me banned by DU and a visit by the security detail of Scotus. so I can only dream.
Prophet 451
(9,796 posts)In my unwise moments, I have occasionally made Facebook comments to friends that would do the same.
3catwoman3
(29,319 posts)...sometimes - regularly.
Plucketeer
(12,882 posts)A snake in a robe.
whereisjustice
(2,941 posts)disagree. As far as "Christian values", guess how many times "Jesus" is mentioned in the constitution?
longship
(40,416 posts)And the dialog on the floor. The earlier versions would have explicitly advantaged believers over non-believers. After several revisions the final version adopted ended up being the most liberal and most strict on separation.
Scalia either has not read this, or he is deliberately ignoring it. There is no other alternative interpretation.
happyslug
(14,779 posts)Last edited Fri Oct 3, 2014, 12:59 AM - Edit history (1)
The official transcript of the working of Congress on the Bill of Rights still exists, no one knows what the transcriber was doing but it does have some interesting dottles.
Thus we rely on Madison's own notes written 30 years afterward and published is such a way to make Madison look in the best light possible (These were Madison's notes released by Madison himself after everyone else involved was dead).
If you actually read the First Amendment it is clearly aimed ONLY on the Federal Government, thus the language reflects a decision that the STATES could have State Churches if they wanted to (and most did at that time period, removal of Churches from the State started big time in the South, but more to remove widows and orphans off Government payments then any real desire to separate church and state).
In the 1790s it was NOT yet possible to separate Church and State, for the simple reason the State used the Church to get its message out to the people. What we called Newspaper is the product of Pulp paper (invented 1801), the invention of high speed presses (about 1850) and the Steam Locomotive (1830). Before those inventions (and their combination by the 1850s) if you wanted news you went to the State Church (or a Church recognized by the State and thus used by the state to send out notices to the people).
Thus the wording of the First Amendment reflected the technology limitations of the 1790s. By the 1860s those limitation were gone and you could actually have separation of Church and State. It is only in the post Civil War Era that you start to see a real push in that direction (they were cite Jefferson and Madison, but it is clearly a cite to show what they were doing was what the Founding Fathers wanted instead of what was wanted in the 1860s, when the later was the case).
In the 1790s and until the 1860s, Separation of Church and State kept running across and being blocked by those two functions of the Church:
First was Welfare for Widows and Orphans, such welfare was run through the churches even after their were disestablished (and continued to be so till the 1870) and,
Second, the ability of the Church to get a message to almost everyone, i.e. its ability to spread the news
Ending Welfare through the church was easy, the States started to do that in the 1790s and told all the widows and orphans to go west and steal lands from the Native Americans (Yes, in many ways Separation of Church and State included stealing lands from Native Americans). New York City shipped Orphans west till various Western States started to ship them back in the 1930s. Prior to the Revolution such orphans and their mothers would get relief from the established church (or in the case of Pennsylvania the Quakers, who were the de facto established church till replaced by the Presbyterian church when Pennsylvania kicked out the Quakers in 1758, both churches handled "Welfare" till the 1870s when the State took it over for both churches were found to NOT provide enough do to lack of funds AND often to the wrong people. i.e. Union strikers and their families).
Disestablishment of Churches started in the South in the 1790s (Massachusetts would not do it till the recession of 1837), but such disestablishment had little to do with separating church from state, and more to the concept of reducing costs to the state by' shifting welfare costs to the frontier as stated above.
As to the News Function, that continued till the Civil War (and in some states after the Civil War). During the Civil War, newspapers found out their could sell more papers if they report what was going on in the front AND if they could report about any local units and how they were doing in the field. This permitted daily papers to actually survive and thus provide daily updates (where the Church could only get weekly updates AND then through official channels, the papers sent their own reporters and told them to send messages by Telegraph NOT letter thus the papers could publish news from the front on the day after something happened, the Church could not get that news for maybe weeks since they relied on letters NOT telegraphs). Thus it was clear by the 1860s that the news function of the Churches was obsolete. Thus only in the 1860s could you have seperation of Church and State.
I bring this up for Madison's notes often do NOT reflect political reality of the 1790s. It does reflect political reality of the 1820s when their were published. The US did NOT yet have the technology to seperate church from state but the technology was clearly headed that way.
Thus Madison "notes" as to earlier versions of the Bill of Rights have to be taken with a grain of salt. i.e. remember it is questionable for we have NO official transcript AND no other notes for Madison only released his notes after everyone else who had been in Congress was dead (Thus no one could support them OR attack them).
freefaller62
(30 posts)I question a lot of the old "transcripts," knowing that they were written by quill on parchment as the debates raged on. There was no way that a penman, who had to constantly dip and write, then dip again, could keep up with the speeches.
Madison was forced by the Anti-Federalist movement into penning the Amendments, else the Constitution would not have been ratified. In his writings I learned that he didn't want any national government involvement in church or education.
As far as the 'wall of separation' argument goes, I find it risible that some people constantly quote from a *letter* written by a person who was not a writer of our Constitution, to involve the national government in religion. We have bigger problems that I wish would animate the masses like religious debate does.
happyslug
(14,779 posts)Linen had been the preferred paper since the 1300s when it reached Europe (China had it since before the time of Christ, but kept the production of it secret till the Mongol Conquest).
As to quill pens, you had ways to write down such debates even at that time period. Using a Quill and pen is NOT that hard ONCE YOU GET USE TO IT. Later Congresses, still in the Quill pen period, did produce transcript of what was said in any debate. Thus it could be done and had been done, but the first transcriber had been a Federalist Hack who obtain the position through connections NOT competency.
As to Jefferson letter of 1819, it is hard to give it any weight to what the First Amendment was intended to be. Jefferson was in Paris at the time seeing the French Revolution first hand. The French did NOT embrace separation of Church and State till 1905 (and that decision seems more as an attack on the Pope for his actions at that time period NOT for any real move to seperate church from state). Thus how much weight do you give a private letter from a person NOT involved in the actual writing of the Bill of Rights?
I blame Grant, if he had NOT used that quote in 1875 when he asked for an Amendment to prohibit public support for any schools run by any religion, that phase would be dead today, but Grant revived it and used it and it entered into the American Lexicon as what the First Amendment is suppose to say, when it does not.
freefaller62
(30 posts)FYI - - Interesting stuff:
http://raglinen.com/2010/05/01/the-distinction-of-18th-century-american-paper/
"It must be understood that the paper made in colonial America, especially in the early days, was not the finest in quality. The word handmade has a connotation in these days that dazzles the intelligence even of persons ordinarily unimpressed by shibboleths. The American paper of the seventeenth and early eighteenth centuries, handmade, of course, from rags, was an honest paper, tough and durable in general, but as variable in quality as one would expect from indifferent materials handled by provincial workmen in rude manufactories."
JEFF9K
(1,935 posts)And only the fake Christianity of the "Religious" Right.
Prophet 451
(9,796 posts)Republianity is a mixture of lip service to Jesus (while jettisoning virtually everything he actually taught), Nieztchian will-to-power, Randian beliefs to justify psychotic anti-tax beliefs, Nazi-level nationalism and worship of the military and Rapture beliefs that were invented wholesale out of a few twisted-from-context Bible verses about a century ago. It has it's own high priests (Pat Robertson, Limbaugh, Beck), it's own messiah figure (Reagan), it's own devil figure (Obama although really, it's whoever the most high-profile liberal of the time is), it's own designated scapegoats (liberals) and it's own versions of history, economics, psychology, theology and jurisprudence.
Iliyah
(25,111 posts)The founding fathers wrote " separation of state and church". Scalia must have forgotten the reason why the founding fathers wanted that. He must have forgotten the prosecution of the different "Christian" religions in Europe and why many fled to the US. Now he suggesting the same thing here. STFU, impeach this mother**ker.
happyslug
(14,779 posts)Read the first, all it calls for is that CONGRESS will NOT favor OR disfavor any religion.
http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
The Phase "Seperation of Church and State" first appears in a letter from Jefferson written in 1819. It was given little weight at that time for the simple reason it appeared more for something to strive to as opposed to being the actual law. It was revived in 1875 when Grant used it in a speech in support of Federal Funding of Education, but only to public schools. This lead to the proposed "Blaine Amendment", which passed the house, but did NOT get the 2/3rds vote in the Senate.
http://en.wikipedia.org/wiki/Blaine_Amendment
Thus our founding fathers did NOT support "Separation of Church and State" for practical reasons more then any dogmatic reasons (The Church was still the best way to get news to the people as a whole then the newspapers of the time period, that would change by the 1860s, but that is the 1860s NOT the 1790s when the Bill or Rights was written).
demwing
(16,916 posts)Our society is constitutionally governed by the rule of law.
So when we say that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, we are actually saying that religion has no place in the governing of our country, as dictated by the Constitution.
happyslug
(14,779 posts)The has ruled GOVERNMENT has no say in religion, BUT the reverse has NEVER been ruled to the case, for if is did it would violate "prohibiting the free exercise thereof" which can include lobbying Congress in addition to evangelizing.
Furthermore the Congress that passed the bill of Rights authorized a chaplain for Congress AND authorize Chaplains for the US Military (all of whom were Protestants till the Civil War, when Catholic Priests were permitted to become Chaplain, later expanded to include Jewish Rabbi, Moslem Clerics, Buddhist priests and recently Wiccan).
The rationale used to justify Chaplains is that in appointing them, Congress was filling a need not promoting religion.
demwing
(16,916 posts)"...is that in appointing them, Congress was filling a need not promoting religion."
Thank you. You provided your own rebuttal. If there were no implied or direct separation, there would be no need for a justification, nor an explanation as to why this doesn't violate the Constitution.
Prophet 451
(9,796 posts)This monstrous bag of shit has been making decisions purely on grounds of politics for years and now, he's not even bothering to hide it.
Baitball Blogger
(52,273 posts)douggg
(239 posts)Madison also made a point that any believer of any religion should understand: that the government sanction of a religion was, in essence, a threat to religion. "Who does not see," he wrote, "that the same authority which can establish Christianity, in exclusion of all other Religions, may establish with the same ease any particular sect of Christians, in exclusion of all other Sects?" Madison was writing from his memory of Baptist ministers being arrested in his native Virginia.
candelista
(1,986 posts)So he said what he really thinks. "Utterly absurd"? That's alcohol greasing his tongue.
cstanleytech
(28,450 posts)And furthermore if the idiot had really read the Constitution he would see its clearly written to deny congress the power to write any laws that support any religion.
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.
Jack Rabbit
(45,984 posts)Unless he just says it because he doesn't to believe it (so we can avoid the infamous liar's paradox).
defacto7
(14,162 posts)that he is trying to mold the US into his own personal theocracy.
He is so far off the track he much be impeached, removed, fired, whatever it takes. He is a loon and mentally unstable..
longship
(40,416 posts)BrotherIvan
(9,126 posts)If conservatives are trying to force RBG to recuse herself, then liberals should be all over slimeball Tony for these comments alone.
Monk06
(7,675 posts)ARTICLE 11.
As the government of the United States of America is not in any sense founded on the Christian Religion,-as it has in itself no character of enmity against the laws, religion or tranquility of Musselmen,-and as the said States never have entered into any war or act of hostility against any Mehomitan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.
Of course that went out with the hanging of Qaddafi
ReRe
(12,188 posts)Dont call me Shirley
(10,998 posts)10 commandments? Especially the one about bearing false witness!?
closeupready
(29,503 posts)nobody will ever believe me.' LOL
marmar
(79,659 posts)Kalidurga
(14,177 posts)his rulings are evidence of that.
rug
(82,333 posts)SoapBox
(18,791 posts)He can have his religion all he wants but when he tries shove'n it up my ass...NO FUCK'N WAY!
Diremoon
(86 posts)Ok, we have ample cause to impeach this judge. Now we just need to vote the republicans at least down to a minority so that can happen.
Spitfire of ATJ
(32,723 posts)Midnight Writer
(25,352 posts)marym625
(17,997 posts)Oldtimeralso
(1,945 posts)Scalia, said that "we do God honor in our pledge of allegiance, in all our public ceremonies.
I really must be old, and when I first learned the pledge the words "under God" were not part of it.
I'll swear on the Koran that this is true!
Art_from_Ark
(27,247 posts)which was a popular cartoon at the time
marym625
(17,997 posts)progressoid
(53,124 posts)Used to watch that after school.
LibertyLover
(4,788 posts)the words "under God" were added in the 1950s by Congress as a reproach to the godless Communism of the USSR.
I'm sure it did a lot of good.
Art_from_Ark
(27,247 posts)in what would become the United States, and the immediate aftermath is one reason why the Founding Fathers did not want government sponsorship of any religion.
http://en.wikipedia.org/wiki/Flushing_Remonstrance
shenmue
(38,597 posts)Art_from_Ark
(27,247 posts)held a celebration of the 350th anniversary of the Remonstrance in 2007, which included appearances by descendants of people from both sides of the Remonstrance, as well as an original copy of the document. Were you able to attend that event?
I lost my job in '04 and had to move. But I'll make it back!
marym625
(17,997 posts)the_sly_pig
(752 posts)for those that claim to know the mind of God. It takes no courage to claim a majority is oppressed. He obviously lacks faith and requires mortal authority to enforce his will on others.
bvf
(6,604 posts)as the authority. If I believed in an afterlife, I'd think he was in for a major disappointment. As it is, I just look forward to the day when he ceases to exist.
MFrohike
(1,980 posts)The constitution doesn't say anything about favoring or disfavoring religion. The only mention, unless I'm forgetting something, is the Establishment Clause.
I see a lot of attempts to refute Tony based on originalist ideas. That's a bad mistake. If you want to refute him, use the logic he displayed here to do it. He's essentially claiming the constitution's silence on the issue makes it permissible. That's fine. The constitution is silent on a lot of issues. In fact, when it comes to the powers of the federal government, it's overwhelmingly silent. There are the enumerated powers, which cover a good amount ground. Then there are the specific powers prohibited to Congress, such as bills of attainder. Otherwise, Article I is silent as a ghost when it comes to the powers of the government.
The dominant argument is that the federal government is a government of limited powers, in that it's restricted to the powers granted to it by the constitution (original text and amendments). That seems to be an illogical assumption to make, given that the Framers (not the fucking Founders, they came a lot earlier) clearly had the opportunity to restrict federal power on a whole host of issues, but chose only to explicitly do so in a few areas. Why should we assume that federal power is limited to those enumerated powers, and the amendments, when such an assumption does not square with the fact that specific prohibitions exist? It seems more reasonable to conclude that the constitution contains explicit powers and prohibitions and the rest is up for grabs. That view would accord with John Marshall's famous comment in McCullough, about expounding a constitution, not a code of laws.
Anyway, if Tony wants to view the constitution expansively, it's clearly better to meet him on that ground than on the ground of originalism. Originalism is about as useful as an argument over sports. It might be fun, but it's got no value other than entertainment. It's pointless to run back to the Framers for definitive statements because they are dead. They've been dead a long time. The fundamental weakness of originalism is one simple question: why should the dead hand of the past govern the present or the future?
GeorgeGist
(25,570 posts)But favoring is OK?
MFrohike
(1,980 posts)It's not like the exacting requirements of the treason definition or the prohibition on ex post facto laws. The federal constitution is pretty much nothing but wiggle room. That means the definitions of clauses are decided by politics, not by a self-selected priesthood.
FiveGoodMen
(20,018 posts)MFrohike
(1,980 posts)That's the whole point I was making with my original post. Where the constitution does not specifically prohibit or allow something, it's up for grabs. Think of the constitution as the basics of how you play baseball, statutes/regs/rulings as the actual rules of the game, and enforcement of the above as the umps' calls. The basics of the game would include how to hit, pitch, catch, score, etc. Those basics would prohibit using a soccer ball instead of a baseball, because it's self-evidently baseball, but they wouldn't provide guidance on how to deal with an infield fly that can be caught with ordinary effort.
shenmue
(38,597 posts)Ugh. Just ugh.
pansypoo53219
(23,024 posts)Demeter
(85,373 posts)and I'm agnostic.
Scalia is no intellectual, has no concept of the Enlightenment which formed this nation, and is evil, on top of it.
riqster
(13,986 posts)Delphinus
(12,513 posts)but I think he's full of shit.
srican69
(1,426 posts)different tune.
Gothmog
(179,267 posts)hue
(4,949 posts)albino65
(484 posts)I think his utterances show him to be contemptible or at least too senile to carry out his duties.
leftyladyfrommo
(19,986 posts)eppur_se_muova
(41,835 posts)he has more experience in that department than the other two branches of govt. combined.
rock
(13,218 posts)They do it all the time! And it goes against the Constitution.
Dyedinthewoolliberal
(16,202 posts)Justices should be allowed to be removed from the Supreme Court..............
Elmer S. E. Dump
(5,751 posts)Last edited Fri Oct 3, 2014, 02:43 PM - Edit history (1)
edit: or = for
davidthegnome
(2,983 posts)You know, I understand that the constitution is something considered to be sacred by many Americans. In many regards, I do not disagree. Yet, there are some things that should come down to human rights, and simple common sense, which in some cases I do feel should prevail over even a seemingly sacred document.
Regardless of whether or not the constitution, or anything our "Framers" did put "separation of church and state" down on paper... it is something that should come as a simple common sense matter of how to run a government. In essence - NOT based on religious dogma would be a good place to start. Further, it is not only a question of whether a government "CAN", but whether a government "SHOULD".
Generally speaking, mixing religion and government is insane (if you don't think so, examine Egypt, Israel, Iran, Iraq - and so on) except for in the event that government protects the right to religious freedom. I am not a practicing anything, but I would gladly defend anyone's right to believe in whatever particular version of spirituality or God or afterlife, or grand scheme that they please. I would, on the other hand, also defend anyone's right to NOT believe certain things, nor to base their lives upon them, nor to be told that they must behave in specific ways due to religious writings.
How literally should it be taken? The old testament or the new? Should we forgive seven times seven times? Let he who has not sinned be the first to cast the stone? Should we suffer not a witch to live? Should we smite those the old testament tells us to smite? Should Mr. Scalia pluck out his right eye and cast it from himself if it leads him to sin? No more porn for you, Mr. Justice.
Which particular "traditional Christian values" is this imbecile referring to?
The true absurdity, Mr. Scalia, is the notion that we require God or religion to tell us the difference between right and wrong. That we need some kind of mythical being to tell us how to live, what to think, or how to treat others. That we should behave in such a way in the hopes of a spiritual reward... rather than do so just because it's the right thing to do. Or that a book written many centuries ago, should serve as a "how to" guide for modern governance or life in general.
Humanity evolves - society evolves, or at least it should, and would, if we did not have to suffer the idiocy of Neanderthals like yourself.
By all means, believe whatever you please. Believe in stones - that is your right. You do not have the right to throw stones at me if I do not. The rest of us have the right to NOT be held prisoner either literally or figuratively by the writings of ancient scholars.
The separation of church and state should be, and indeed must be, a reality. In order for us to have any claim to democracy, to freedom, to higher nobility, or respect for free will and human rights, we must not place one particular religion or philosophy on a pedestal above all others.
I like Christ, but some of his Christians (and self proclaimed "Christians"
really frustrate me at times.
Traditional Christian values brought about the crusades. Traditional Christian values brought about the witch hunts and the burning of innocent women. Traditional Christian values gave us the Inquisitions. Traditional Christian values brought about the torture and slaughter of many thousands, the extermination of entire peoples and cultures. So did traditional Roman values - and many, many other values that could certainly be referred to as traditionally a part of a specific religion.
Is the golden rule not simple enough? Are human rights and freedom not basically notions that are self explanatory? Should your freedom include the right to tell my kids that they have to praise a God their family does not believe in?
Mr. Scalia, Sir. I am afraid you missed your calling. You should immediately resign from your current position and apply to your local seminary. There, you may promote your theology as much as you like. As a Supreme Court Justice, however, you are an absolute shame, a mockery, a joke that is no longer funny.
sakabatou
(46,090 posts)santamargarita
(3,170 posts)atreides1
(16,799 posts)Society no longer practices "the traditional Christian virtues"! Instead you have a mishmash of sectarian "Christian" groups that insist that theirs is the "right" religion...and who no longer even make the attempt to do the works of Christ!
The twisted, delusional, life controlling belief system that passes for Christianity today, is not what I believe Jesus had in mind.
FiveGoodMen
(20,018 posts)So I don't know how much respect we should have for the 'traditional'.
merrily
(45,251 posts)BadGimp
(4,109 posts)FiveGoodMen
(20,018 posts)Beacool
(30,514 posts)Of all the bastards to ever grace the Supreme Court............
spanone
(141,463 posts)Hekate
(100,133 posts)I could see him on some court during the Spanish Inquisition, though.
Scruffy Rumbler
(961 posts)A government can choose one religion over another or even over secularism... the only problem is that is NOT our government.
Orsino
(37,428 posts)Adrahil
(13,340 posts)I generally son't wish any harm on anyone. But that fucker can't die of a painful heart attack soon enough.
Arugula Latte
(50,566 posts)He's in the "needs to croak NOW" category, along with Dick Cheney.
calimary
(89,880 posts)An airborne toxic event on two legs. This individual is TOXIC.
Technically, of course, a government can, and often does, favor one religion over another. The crux of it, though, is that a government SHOULD NOT favor one religion over another. Not in an increasingly pluralistic world like the one we all live in, imo.