| Topic: |
Religions > Atheism |
| User: |
"" |
| Date: |
13 Nov 2003 06:09:17 AM |
| Object: |
Re: church/state seperation |
(Ryanshort1) wrote:
:|If he does somehow get a political office out of this, you can be that
:|it is in an attempt to right the wrongs that are clearly being done
:|now. And believe me, I know some folks who are in AL with the CJ now
:|and he is one genuine fellow. You did bring up a good point- that the
:|definitions of words used such as "church", "religion", "Congress",
:|and "separation" have a lot to do with this battle. The documents (The
:|US and AL constitutions) clearly use some "religious" terminology and
:|or refer to documents that clearly appeal to Almighty God for the
:|source of their rights, authority, and jurisdiction to create those
:|very documents, and the position that those opposed to Judge Moore is
:|very disturbing. They believe in a very dangerous evolving view of the
:|Constitution and other documents that (as seen now) twists their
:|original meanings completely around and is being used exactly opposite
:|to what the Founding Fathers would have meant.
:|BTW. An interesting site related to this issue is at
:|www.visionforum.org
As or more interesting is the following:
Study Guide: Separation of Church and State - Indepth
http://members.tripod.com/~candst/studygd0.htm
Christian Orthodoxy And The Founders
http://members.tripod.com/~candst/orthodox.htm
The word Religion does not mean Christian.
http://members.tripod.com/~candst/minor.htm
**************************
OCTOBER 1, 1803
Notes for annual message, Oct. 17, 1803: alterations and additions, etc [1]
(3) after "assure"-are proposed "in due season, and under prudent
arrangements, important aids to our Treasury, as well as," an ample etc.
Quere: if the two or three succeeding paragraphs be not more
adapted to the separate and subsequent communication, if adopted as above
suggested.
(4) For the first sentence, may be substituted "In the territory between
the Mississippi and the Ohio another valuable acquisition has been made by
a treaty etc."[3.] As it stands, it does not sufficiently distinguish the
nature of the one acquisition from that of the other, and seems to imply
that the acquisition from France was wholly on the other side of the
Mississippi
May it not be as well to omit the detail of the stipulated
considerations, and particularly that of the Roman Catholic Pastor. The
jealousy of some may see in it a principle, not according with the
exemption of Religion from Civil power. In the Indian Treaty it will be
less noticed than in a President's speech.[4.]
[The principle referred to above was the principle of Church (religion)
state (govt) separation.]
FOOTNOTES:
[1.] For TJ's third annual message to Congress, Oct. 17, 1803, see Ford,
VIII, pp. 266-7)
[3.] TI's message announced the acquisition of territory by treaty from the
Kaskaskia Indians; see
Ford, VIII, pp. 269-70.
[4.] TJ accepted JM's suggestion to omit any discussion of Indian treaty
requirements to maintain a Roman Catholic priest, leaving the stipulations
in the treaty to "the competence of both
houses.... as soon as the senate shall have advised its ratification"; see
ibid.
(SOURCE OF INFORMATION: James Madison to Thomas Jefferson, Washington, Oct.
1, 1803, Notes for annual message, Oct. 17, 1803: alterations and
additions, etc.[1.],
The Republic of Letters, the Correspondence between Thomas Jefferson and
James Madison, 1776- 1826, Edited by James Morton Smith, Vol. II, 1790
-1804, W. W. Norton & Company, New York, London, (1995) pp 1297-98)
------------------------------------------------------------------------------------------------------------------
and
Madison's vetoes: Some of The First Official Meanings Assigned to The
Establishment Clause
http://members.tripod.com/~candst/madvetos.htm
and
************************************************************
James Madison on Separation of Church and State
Direct references to separation to be found in the writings of James
Madison
http://members.tripod.com/~candst/tnppage/qmadison.htm
----------------------------------------
OCTOBER 1, 1803
Notes for annual message, Oct. 17, 1803: alterations and additions, etc [1]
(3) after "assure"-are proposed "in due season, and under prudent
arrangements, important aids to our Treasury, as well as," an ample etc.
Quere: if the two or three succeeding paragraphs be not more
adapted to the separate and subsequent communication, if adopted as above
suggested.
(4) For the first sentence, may be substituted "In the territory between
the Mississippi and the Ohio another valuable acquisition has been made by
a treaty etc."[3.] As it stands, it does not sufficiently distinguish the
nature of the one acquisition from that of the other, and seems to imply
that the acquisition from France was wholly on the other side of the
Mississippi
May it not be as well to omit the detail of the stipulated
considerations, and particularly that of the Roman Catholic Pastor. The
jealousy of some may see in it a principle, not according with the
exemption of Religion from Civil power. In the Indian Treaty it will be
less noticed than in a President's speech.[4.]
[The principle referred to above was the principle of Church (religion)
state (govt) separation.]
FOOTNOTES:
[1.] For TJ's third annual message to Congress, Oct. 17, 1803, see Ford,
VIII, pp. 266-7)
[3.] TI's message announced the acquisition of territory by treaty from the
Kaskaskia Indians; see
Ford, VIII, pp. 269-70.
[4.] TJ accepted JM's suggestion to omit any discussion of Indian treaty
requirements to maintain a Roman Catholic priest, leaving the stipulations
in the treaty to "the competence of both
houses.... as soon as the senate shall have advised its ratification"; see
ibid.
(SOURCE OF INFORMATION: James Madison to Thomas Jefferson, Washington, Oct.
1, 1803, Notes for annual message, Oct. 17, 1803: alterations and
additions, etc.[1.],
The Republic of Letters, the Correspondence between Thomas Jefferson and
James Madison, 1776- 1826, Edited by James Morton Smith, Vol. II, 1790
-1804, W. W. Norton & Company, New York, London, (1995) pp 1297-98)
---------------------------------------------------
JUNE 3, 1811
"To the Baptist Churches on Neal's Greek on Black Creek, North Carolina I
have received, fellow-citizens, your address, approving my objection to the
Bill containing a grant of public land to the Baptist Church at Salem
Meeting House, Mississippi Territory. Having always regarded the practical
distinction between Religion and Civil Government as essential to the
purity of both, and as guaranteed by the Constitution of the United States,
I could not have other wise discharged my duty on the
occasion which presented itself"
(SOURCE OF INFORMATION: Letter to Baptist Churches in North Carolina, June
3, 1811. Letters And Other Writings of James Madison Fourth President Of
The United States In Four Volumes Published By the Order Of Congress,
Vol..II, J. B. Lippincott & Co., Philadelphia, (1865) pp 511-512)
-----------------------------------------------------------
MARCH 2, 1819
"The civil Government, though bereft of everything like an associated
hierarchy, possesses the requisite stability, and performs its functions
with complete success, whilst the number, the industry, and the morality of
the priesthood, and the devotion of the people, have been manifestly
increased by the total separation of the church from the State."
(SOURCE OF INFORMATION: Excert of a letter to Robert Walsh from James
Madison. MARCH 2, 1819 Letters and Other writings of James Madison, in
Four Volumes, Published by Order of Congress. VOL. III, J. B. Lippincott &
Co. Philadelphia, (1865), pp 121-126. James Madison on Religious Liberty,
Robert S.Alley, Prometheus Books, Buffalo, N.Y. (1985) pp 82-83)
----------------------------------------------------------
1817-1833
"Strongly guarded as is the separation between religion and Gov't in the
Constitution of the United States the danger of encroachment by
Ecclesiastical Bodies, may be illustrated by precedents' already furnished
in their short history"
(SOURCE OF INFORMATION: Excerpt from Madison's Detached Memoranda. This
document was discovered in 1946 among the papers of William Cabell Rives, a
biographer of Madison. Scholars date these observations in Madison's hand
sometime between 1817 and 1832. The entire document was published by
Elizabeth Fleet in the William and Mary Quarterly of October 1946.
--------------------------------------------------------------------
JULY 10, 1822
"Every new and successful example, therefore, of a perfect separation
between the ecclesiastical and civil matters, is of importance; and I have
no doubt that every new example will succeed, as every past one has done,
in showing that religion and Government will both exist in greater purity
the less they are mixed together"
(SOURCE OF INFORMATION: Excerpt of letter to Edward Livingston from James
Madison, July 10, 1822. Letters and Other writings of James Madison, in
Four Volumes, Published by Order of Congress. VOL. III, J. B. Lippincott &
Co. Philadelphia, (1865), pp 273-276. James Madison on Religious Liberty,
Robert S.Alley, Prometheus Books, Buffalo, N.Y. (1985) pp 82-83)
--------------------------------------------------------------
SEPTEMBER 1833
"I must admit moreover that it may not be easy, in every possible case, to
trace the line of separation between the rights of religion and the civil
authority with such distinctness as to avoid collisions and doubts on
unessential points. The tendency to a usurpation on one side or the other
or to a corrupting coalition or alliance between them will be best guarded
against by entire abstinence of the government from interference in any way
whatever, beyond the necessity of preserving public order and protecting
each sect against trespasses on its legal rights by others".
(SOURCE OF INFORMATION: Letter written by James Madison to Rev. Jasper
Adams, September, 1833.Writings of James Madison, edited by Gaillard Hunt,
[not sure what the volume number is but have enough information presented
here to locate the letter] microform Z1236.L53, pp 484-488. )
*********************************************************************
Some Thoughts on Religion and Law
http://members.tripod.com/~candst/bthot-lr.htm"
.
|
|
| User: "Ryanshort1" |
|
| Title: Re: church/state seperation |
17 Nov 2003 09:52:57 AM |
|
|
wrote in message news:<63t6rvck4iseoirabivfevt8a2koh036st@4ax.com>...
platypuswascreated@yahoo.com (Ryanshort1) wrote:
:|If he does somehow get a political office out of this, you can be that
:|it is in an attempt to right the wrongs that are clearly being done
:|now. And believe me, I know some folks who are in AL with the CJ now
:|and he is one genuine fellow. You did bring up a good point- that the
:|definitions of words used such as "church", "religion", "Congress",
:|and "separation" have a lot to do with this battle. The documents (The
:|US and AL constitutions) clearly use some "religious" terminology and
:|or refer to documents that clearly appeal to Almighty God for the
:|source of their rights, authority, and jurisdiction to create those
:|very documents, and the position that those opposed to Judge Moore is
:|very disturbing. They believe in a very dangerous evolving view of the
:|Constitution and other documents that (as seen now) twists their
:|original meanings completely around and is being used exactly opposite
:|to what the Founding Fathers would have meant.
:|BTW. An interesting site related to this issue is at
:|www.visionforum.org
As or more interesting is the following:
Study Guide: Separation of Church and State - Indepth
http://members.tripod.com/~candst/studygd0.htm
Christian Orthodoxy And The Founders
http://members.tripod.com/~candst/orthodox.htm
The word Religion does not mean Christian.
http://members.tripod.com/~candst/minor.htm
Buckeye,
I guess that you would say that the word Lord in the ending of the US
Constitution was just some obscure "deity" who happened to live about
the same time as Jesus? This was more than just a tradition. They
chose their words pretty carefully.
Also that this phrase in the Alabama Constitution is somehow a
violation of the 1st Ammendment?
"PREAMBLE
We, the people of the State of Alabama, in order to establish justice,
insure domestic tranquillity, and secure the blessings of liberty to
ourselves and our posterity, invoking the favor and guidance of
Almighty God, do ordain and establish the following Constitution and
form of government for the State of Alabama:"
It doesn't take a rocket scientist to figure out what they meant.
Also if you've seen a transcript of the court hearings it's pretty
obvious that a religious test is the real basis for Judge Moore's
removal from his office which is a clear violation of the US and
Alabama Constitutions.
There is a difference between acknowledging God and establishing a
religion and it's NOT a violation of the Constitution I've read.
Ryan
.
|
|
|
| User: "Dave Thompson" |
|
| Title: Re: church/state seperation |
17 Nov 2003 11:56:39 AM |
|
|
"Ryanshort1" <platypuswascreated@yahoo.com> wrote in message
news:77ae7156.0311170752.3b4a39b5@posting.google.com...
buckeye-ELO@nospam.net wrote in message
news:<63t6rvck4iseoirabivfevt8a2koh036st@4ax.com>...
platypuswascreated@yahoo.com (Ryanshort1) wrote:
:|If he does somehow get a political office out of this, you can be
that
:|it is in an attempt to right the wrongs that are clearly being done
:|now. And believe me, I know some folks who are in AL with the CJ now
:|and he is one genuine fellow. You did bring up a good point- that the
:|definitions of words used such as "church", "religion", "Congress",
:|and "separation" have a lot to do with this battle. The documents
(The
:|US and AL constitutions) clearly use some "religious" terminology and
:|or refer to documents that clearly appeal to Almighty God for the
:|source of their rights, authority, and jurisdiction to create those
:|very documents, and the position that those opposed to Judge Moore is
:|very disturbing. They believe in a very dangerous evolving view of
the
:|Constitution and other documents that (as seen now) twists their
:|original meanings completely around and is being used exactly
opposite
:|to what the Founding Fathers would have meant.
:|BTW. An interesting site related to this issue is at
:|www.visionforum.org
As or more interesting is the following:
Study Guide: Separation of Church and State - Indepth
http://members.tripod.com/~candst/studygd0.htm
Christian Orthodoxy And The Founders
http://members.tripod.com/~candst/orthodox.htm
The word Religion does not mean Christian.
http://members.tripod.com/~candst/minor.htm
Buckeye,
I guess that you would say that the word Lord in the ending of the US
Constitution
This is really funny. You must not be very confident if you have to parse
the date as the "last word of the constitution" as if it held some
significance. Why not just say that the word Lord appears in the date of the
constitution? Is it that you know you have to misrepresent your position or
is it that you didn't know and just believe it because someone told you? You
need to actually read the document before you comment on it. There are no
references to god except for the date at the very end which reads "In the
year of our Lord", which is a formal way of dating a document common at the
time.
was just some obscure "deity" who happened to live about
the same time as Jesus? This was more than just a tradition. They
chose their words pretty carefully.
Iguess it might surprise you to know that the origins of "In the year of our
Lord" was with the Roman Empire "Anno Domini". The Lord which is refered to
is Ceasar, or in later empires, The King. You see, it has nothing to do with
a Christian god at all.
Also that this phrase in the Alabama Constitution is somehow a
violation of the 1st Ammendment?
"PREAMBLE
We, the people of the State of Alabama, in order to establish justice,
insure domestic tranquillity, and secure the blessings of liberty to
ourselves and our posterity, invoking the favor and guidance of
Almighty God, do ordain and establish the following Constitution and
form of government for the State of Alabama:"
It doesn't take a rocket scientist to figure out what they meant.
Yes, it just takes the word "preamble". There are absolutely no legal
decisions or binding law based on a preamble. None.
Also if you've seen a transcript of the court hearings it's pretty
obvious that a religious test is the real basis for Judge Moore's
removal from his office which is a clear violation of the US and
Alabama Constitutions.
If there was a religious test it was applied by Christians. The prosecuting
attorney, Judge Pryor, was an ally of Moore and even spoke at 10c rallies
with him untill he defied the court order. Of course your claim of a
religious test is ridiculous but I just thought maybe you'd like to mull
over the fact that even one of Moore's closest friends was disgusted at his
behavior and defiance of the laws of this country.
There is a difference between acknowledging God and establishing a
religion and it's NOT a violation of the Constitution I've read.
Then you need to read it again, read some first amendment law, and quit
listening to the idiots who are telling you that Moore's actions were
constitutional.
.
|
|
|
| User: "Cary Kittrell" |
|
| Title: Re: church/state seperation |
17 Nov 2003 12:04:18 PM |
|
|
In article <vri2uupl426005@corp.supernews.com> "Dave Thompson" <dav13795@wdmdx1.com> writes:
<
<"Ryanshort1" <platypuswascreated@yahoo.com> wrote in message
<news:77ae7156.0311170752.3b4a39b5@posting.google.com...
<>
{...}
<>
<> I guess that you would say that the word Lord in the ending of the US
<> Constitution
<
<This is really funny. You must not be very confident if you have to parse
<the date as the "last word of the constitution" as if it held some
<significance. Why not just say that the word Lord appears in the date of the
<constitution? Is it that you know you have to misrepresent your position or
<is it that you didn't know and just believe it because someone told you? You
<need to actually read the document before you comment on it. There are no
<references to god except for the date at the very end which reads "In the
<year of our Lord", which is a formal way of dating a document common at the
<time.
If this perennial, and perennially silly, argument really were true, then
obviously we must sue to have all history books removed from
publicly-funded schools. They're just chock-full of statements
like "Columbus discovered America in 1492 A.D.". Clearly a subversive
and unconstitutional attempt to fill the curriculum with affirmations
of the Christian faith.
-- cary
.
|
|
|
|
|
| User: "" |
|
| Title: Re: church/state seperation |
17 Nov 2003 01:16:12 PM |
|
|
(Ryanshort1) wrote:
:|buckeye-ELO@nospam.net wrote in message news:<63t6rvck4iseoirabivfevt8a2koh036st@4ax.com>...
:|> (Ryanshort1) wrote:
:|>
:|>
:|> >:|If he does somehow get a political office out of this, you can be that
:|> >:|it is in an attempt to right the wrongs that are clearly being done
:|> >:|now. And believe me, I know some folks who are in AL with the CJ now
:|> >:|and he is one genuine fellow. You did bring up a good point- that the
:|> >:|definitions of words used such as "church", "religion", "Congress",
:|> >:|and "separation" have a lot to do with this battle. The documents (The
:|> >:|US and AL constitutions) clearly use some "religious" terminology and
:|> >:|or refer to documents that clearly appeal to Almighty God for the
:|> >:|source of their rights, authority, and jurisdiction to create those
:|> >:|very documents, and the position that those opposed to Judge Moore is
:|> >:|very disturbing. They believe in a very dangerous evolving view of the
:|> >:|Constitution and other documents that (as seen now) twists their
:|> >:|original meanings completely around and is being used exactly opposite
:|> >:|to what the Founding Fathers would have meant.
:|> >:|BTW. An interesting site related to this issue is at
:|> >:|www.visionforum.org
:|>
:|> As or more interesting is the following:
:|>
:|> Study Guide: Separation of Church and State - Indepth
:|> http://members.tripod.com/~candst/studygd0.htm
:|>
:|> Christian Orthodoxy And The Founders
:|> http://members.tripod.com/~candst/orthodox.htm
:|>
:|> The word Religion does not mean Christian.
:|> http://members.tripod.com/~candst/minor.htm
:|
:|Buckeye,
:|
:|I guess
What's the matter? You can't rebut any of the above to your going to ignore
them and it try to change the topic to another, huh?
I don't really need to add anything, you already defaulted, but hey, it's a
slow day as I wait for UPS to being my package.
:|that you would say that the word Lord in the ending of the US
:|Constitution was just some obscure "deity" who happened to live about
:|the same time as Jesus? This was more than just a tradition. They
:|chose their words pretty carefully.
Here is all that needs be said on that:
o "Sunday Excepted" & "Year of Our lord" (1830-1833)
http://candst.tripod.com/sundays2.htm
:|Also that this phrase in the Alabama Constitution is somehow a
:|violation of the 1st Ammendment?
:|
:|"PREAMBLE
:|We, the people of the State of Alabama, in order to establish justice,
:|insure domestic tranquillity, and secure the blessings of liberty to
:|ourselves and our posterity, invoking the favor and guidance of
:|Almighty God, do ordain and establish the following Constitution and
:|form of government for the State of Alabama:"
The legal definition of a preamble is:
Preamble. A clause at the beginning of a constitution or statute
explanatory of the reasons for its enactment and the objects sought to be
accomplished. Generally, a preamble is a declaration by the legislature of
the reasons for the passage of the statute and is helpful in the
interpretation of any ambiguities within the statute to which it is
prefixed. It has been held however to not be an essential part of act, and
neither enlarges nor confers powers.
SOURCE: Black's Law Dictionary, abridged Sixth Edition, Centennial
Edition (1891-1991) West Publishing Co. (1991) p 813
*****************************************
"Roger" <rogerfx@hotmail.com> wrote:
Preambles are not law.
From http://caselaw.lp.findlaw.com/data/constitution/preamble/
PURPOSE AND EFFECT OF THE PREAMBLE
Although the preamble is not a source of power for any department of the
Federal Government, 1 the Supreme Court has often referred to it as
evidence of the origin, scope, and purpose of the Constitution. 2 ''Its
true office,'' wrote Joseph Story in his COMMENTARIES, ''is to expound the
nature and extent and application of the powers actually conferred by the
Constitution, and not substantively to create them. For example, the
preamble declares one object to be, 'to provide for the common defense.' No
one can doubt that this does not enlarge the powers of Congress to pass any
measures which they deem useful for the common defence. But suppose the
terms of a given power admit of two constructions, the one more
restrictive, the other more liberal, and each of them is consistent with
the words, but is, and ought to be, governed by the intent of the power; if
one could promote and the other defeat the common defence, ought not the
former, upon the soundest principles of interpretation, to be adopted?''
******************************************
Preambles have no power, no authority no force are not an essential part
of the law or constitution, in short isn't law and has little meaning.
:|
:|It doesn't take a rocket scientist to figure out what they meant.
:|
Why don't you explain it and back it up with documentation? BTW
why don't you provide us with the clauses from the Alabama Constitution,
the original or the present that mention religion in the body of the txt of
that document? You know, those clauses that do have legal meaning and
importance?
:|Also if you've seen a transcript of the court hearings it's pretty
:|obvious that a religious test is the real basis for Judge Moore's
:|removal from his office which is a clear violation of the US and
:|Alabama Constitutions.
Your unsubstantiated claim is noted.
-------------------------------------------------------------------------------
Ordinary or extraordinary claims require ordinary or extraordinary proof.
If you're going to claim something and especially something outlandish
you're going to need some pretty extraordinary and/or irrefutable proof to
back up such a claim. "Where's the beef?" Where's the ordinary or
extraordinary proof for their ordinary or extraordinary claims? If one is
not responding with ordinary or extraordinary, *factual* proof, then the
claim is not worth considering
----------------------------------------------------------------------
[ as Homer@nospam said]
Why is asking for "proof" considered truculence? Do you consider it
truculence for a judge to ask for evidence in a trial. Would you rather
that
people just testified that they believed in the guilt of the suspect?
-----------------------------------------------------------------------------
[as Gray Shockley said:]
(Your "opinion" is not an adequate citation.)
----------------------------------------------------------------------------
:|There is a difference between acknowledging God and establishing a
:|religion and it's NOT a violation of the Constitution I've read.
[EMPHASIS ADDED]
The still more important fact is that the type of article used in the
establishment clause makes no difference. The First Amendment does not say
that Congress shall not establish a religion or create an establishment of
religion. It says Congress shall make no law RESPECTING an establishment of
religion. Whether "respecting" connotes honoring or concerning, the clause
means that Congress shall make no law on that subject THE BAN IS NOT JUST
ON ESTABLISHMENTS OF RELIGION BUT ON LAWS RESPECTING THEM, A FACT THAT
ALLOWS A LAW TO FALL SHORT OF CREATING AN ESTABLISHMENT YET STILL BE
UNCONSTITUTIONAL.
(SOURCE: The Establishment Clause, Religion and the First Amendment,
Leonard W. Levy, Second Edition, Revised, The University of North Carolina
Press, (1994) p. 118
-----------------------------------------------
THE ESTABLISHMENT CLAUSE AS DEFINED IN 1947:
-----------------------------------------------
The Establishment Clause as defined by the USSC in Everson v. Bd of Ed,
1947
The "establishment of religion" clause of the First Amendment means at
least this:
(1) neither a state nor the Federal Government can set up a church.
(2) Neither can pass laws which aid one religion,
(2a) aid all religions,
(2b) or prefer one religion over another.
(3) Neither can force
(3a) nor influence a person to go to
(3b) or to remain away from church against his will
(3c) or force him to profess a belief
(3d) or disbelief in any religion.
(4) No person can be punished for entertaining [p*16]
(4a) or professing religious beliefs
(4b) or disbeliefs,
(4c) for church attendance
(4d) or non-attendance.
(5) No tax in any amount,
(5a) large or small, can be levied to support any religious activities
(5b) or institutions, whatever they may be called,
(5c) or whatever form they may adopt to teach
(5d) or practice religion.
(6) Neither a state
(6a) nor the Federal Government can, openly or secretly, participate in the
(6b) affairs of any religious organizations
(6c) or groups,
(6d) and vice versa.
************************************
EVEN IF YOU DO AWAY WITH #5 WHICH is what Rehnquist
has been working to accomplish for 30 years, you still all the other
elements which would be and are still good law.
************************************
TESTS:
************************************
Over many years and many cases mainly involving religion in public schools,
the Supreme Court has developed three "tests" to be applied to religious
practices for determining their constitutionality under the Establishment
Clause.
The Lemon Test
Based on the 1971 case of Lemon v. Kurtzman, 403 U.S. 602, 612-13, the
Court will rule a practice unconstitutional if:
1.It lacks any secular purpose. That is, if the practice lacks any
non-religious purpose.
2.The practice either promotes or inhibits religion.
3.Or the practice excessively (in the Court's opinion) involves government
with a religion.
The Historical Test
Based on Marsh v. Chambers, 463 U.S. 783 (1983). Requires a unambiguous and
unbroken history of more than 200 years. BTW, the history that was employed
by the Court in Marsh v. Chambers was flawed. See:
Chaplains and Congress
http://members.tripod.com/~candst/chaptest.htm
Chief Justice Burger, I Would Like You To Meet Mr. Madison
http://members.tripod.com/~candst/meet.htm
Discrepancies
http://members.tripod.com/~candst/discrep.htm
The Political Move That Backfired
http://members.tripod.com/~candst/backfire.htm
The Endorsement Test
Drawing from the 1989 case of Allegheny County v. ACLU, 492 U.S. 573, the
practice is examined to see if it unconstitutionally endorses religion by
conveying "a message that religion is 'favored,' 'preferred,' or 'promoted'
over other beliefs."
The Cercion Test
Based on the 1992 case of Lee v. Weisman, 505 U.S. 577 the religious
practice is examined to see to what extent, if any, pressure is applied to
force or coerce individuals to participate. The Court has defined that:
"Unconstitutional coercion occurs when:
(1) the government directs
(2) a formal religious exercise
(3) in such a way as to oblige the participation of objectors."
************************************
.
|
|
|
| User: "Ryanshort1" |
|
| Title: Re: church/state seperation |
17 Nov 2003 09:17:09 PM |
|
|
What's the matter? You can't rebut any of the above to your going to ignore
them and it try to change the topic to another, huh?
Actually I'm not sure it's really worth my time... I still think your
wrong and I DID look at your links. I think that the guy's at least as
biased as I am, and the FF did specifically limit the 1st Ammendment
to CONGRESS. That left the States capable...
:|that you would say that the word Lord in the ending of the US
:|Constitution was just some obscure "deity" who happened to live about
:|the same time as Jesus? This was more than just a tradition. They
:|chose their words pretty carefully.
Here is all that needs be said on that:
o "Sunday Excepted" & "Year of Our lord" (1830-1833)
http://candst.tripod.com/sundays2.htm
Well, the French DELIBERATELY left it out of theirs...
:|"PREAMBLE
:|We, the people of the State of Alabama, in order to establish justice,
:|insure domestic tranquillity, and secure the blessings of liberty to
:|ourselves and our posterity, invoking the favor and guidance of
:|Almighty God, do ordain and establish the following Constitution and
:|form of government for the State of Alabama:"
The legal definition of a preamble is:
Preamble. A clause at the beginning of a constitution or statute
explanatory of the reasons for its enactment and the objects sought to be
accomplished. Generally, a preamble is a declaration by the legislature of
the reasons for the passage of the statute and is helpful in the
interpretation of any ambiguities within the statute to which it is
prefixed. It has been held however to not be an essential part of act, and
neither enlarges nor confers powers.
SOURCE: Black's Law Dictionary, abridged Sixth Edition, Centennial
Edition (1891-1991) West Publishing Co. (1991) p 813
*****************************************
"Roger" <rogerfx@hotmail.com> wrote:
Preambles are not law.
Aw come on. Are you saying they aren't important? I think that you're
just trying to escape here. in the preamble they are stating by what
authority they are creating their document. Dude, if they appeal to
something for their authority, they how can you somehow say that
something that gave them authority, is now taken away? That's just
plain WEIRD!
From http://caselaw.lp.findlaw.com/data/constitution/preamble/
PURPOSE AND EFFECT OF THE PREAMBLE
Although the preamble is not a source of power for any department of the
Federal Government, 1 the Supreme Court has often referred to it as
evidence of the origin, scope, and purpose of the Constitution. 2 ''Its
true office,'' wrote Joseph Story in his COMMENTARIES, ''is to expound the
nature and extent and application of the powers actually conferred by the
Constitution, and not substantively to create them. For example, the
preamble declares one object to be, 'to provide for the common defense.' No
one can doubt that this does not enlarge the powers of Congress to pass any
measures which they deem useful for the common defence. But suppose the
terms of a given power admit of two constructions, the one more
restrictive, the other more liberal, and each of them is consistent with
the words, but is, and ought to be, governed by the intent of the power; if
one could promote and the other defeat the common defence, ought not the
former, upon the soundest principles of interpretation, to be adopted?''
******************************************
Preambles have no power, no authority no force are not an essential part
of the law or constitution, in short isn't law and has little meaning.
:|
:|It doesn't take a rocket scientist to figure out what they meant.
:|
Why don't you explain it and back it up with documentation? BTW
why don't you provide us with the clauses from the Alabama Constitution,
the original or the present that mention religion in the body of the txt of
that document? You know, those clauses that do have legal meaning and
importance?
Let me say what I said above in another way, you cannot and must not
seperate the preamble from the rest of the document.
:|Also if you've seen a transcript of the court hearings it's pretty
:|obvious that a religious test is the real basis for Judge Moore's
:|removal from his office which is a clear violation of the US and
:|Alabama Constitutions.
Your unsubstantiated claim is noted.
It's not UNSUBSTANTIATED. I KNOW folks who were there. I don't have a
copy in my hand, but it's true...
-------------------------------------------------------------------------------
Ordinary or extraordinary claims require ordinary or extraordinary proof.
If you're going to claim something and especially something outlandish
you're going to need some pretty extraordinary and/or irrefutable proof to
back up such a claim. "Where's the beef?" Where's the ordinary or
extraordinary proof for their ordinary or extraordinary claims? If one is
not responding with ordinary or extraordinary, *factual* proof, then the
claim is not worth considering
----------------------------------------------------------------------
[ as Homer@nospam said]
Why is asking for "proof" considered truculence? Do you consider it
truculence for a judge to ask for evidence in a trial. Would you rather
that
people just testified that they believed in the guilt of the suspect?
-----------------------------------------------------------------------------
[as Gray Shockley said:]
(Your "opinion" is not an adequate citation.)
----------------------------------------------------------------------------
:|There is a difference between acknowledging God and establishing a
:|religion and it's NOT a violation of the Constitution I've read.
[EMPHASIS ADDED]
The still more important fact is that the type of article used in the
establishment clause makes no difference. The First Amendment does not say
that Congress shall not establish a religion or create an establishment of
religion. It says Congress shall make no law RESPECTING an establishment of
religion. Whether "respecting" connotes honoring or concerning, the clause
means that Congress shall make no law on that subject THE BAN IS NOT JUST
ON ESTABLISHMENTS OF RELIGION BUT ON LAWS RESPECTING THEM, A FACT THAT
ALLOWS A LAW TO FALL SHORT OF CREATING AN ESTABLISHMENT YET STILL BE
UNCONSTITUTIONAL.
(SOURCE: The Establishment Clause, Religion and the First Amendment,
Leonard W. Levy, Second Edition, Revised, The University of North Carolina
Press, (1994) p. 118
-----------------------------------------------
THE ESTABLISHMENT CLAUSE AS DEFINED IN 1947:
-----------------------------------------------
The Establishment Clause as defined by the USSC in Everson v. Bd of Ed,
1947
The "establishment of religion" clause of the First Amendment means at
least this:
(1) neither a state nor the Federal Government can set up a church.
(2) Neither can pass laws which aid one religion,
(2a) aid all religions,
(2b) or prefer one religion over another.
(3) Neither can force
(3a) nor influence a person to go to
(3b) or to remain away from church against his will
(3c) or force him to profess a belief
(3d) or disbelief in any religion.
(4) No person can be punished for entertaining [p*16]
(4a) or professing religious beliefs
(4b) or disbeliefs,
(4c) for church attendance
(4d) or non-attendance.
(5) No tax in any amount,
(5a) large or small, can be levied to support any religious activities
(5b) or institutions, whatever they may be called,
(5c) or whatever form they may adopt to teach
(5d) or practice religion.
(6) Neither a state
(6a) nor the Federal Government can, openly or secretly, participate in the
(6b) affairs of any religious organizations
(6c) or groups,
(6d) and vice versa.
************************************
EVEN IF YOU DO AWAY WITH #5 WHICH is what Rehnquist
has been working to accomplish for 30 years, you still all the other
elements which would be and are still good law.
************************************
TESTS:
************************************
Over many years and many cases mainly involving religion in public schools,
the Supreme Court has developed three "tests" to be applied to religious
practices for determining their constitutionality under the Establishment
Clause.
The Lemon Test
Based on the 1971 case of Lemon v. Kurtzman, 403 U.S. 602, 612-13, the
Court will rule a practice unconstitutional if:
1.It lacks any secular purpose. That is, if the practice lacks any
non-religious purpose.
2.The practice either promotes or inhibits religion.
3.Or the practice excessively (in the Court's opinion) involves government
with a religion.
The Historical Test
Based on Marsh v. Chambers, 463 U.S. 783 (1983). Requires a unambiguous and
unbroken history of more than 200 years. BTW, the history that was employed
by the Court in Marsh v. Chambers was flawed. See:
Chaplains and Congress
http://members.tripod.com/~candst/chaptest.htm
Chief Justice Burger, I Would Like You To Meet Mr. Madison
http://members.tripod.com/~candst/meet.htm
Discrepancies
http://members.tripod.com/~candst/discrep.htm
The Political Move That Backfired
http://members.tripod.com/~candst/backfire.htm
The Endorsement Test
Drawing from the 1989 case of Allegheny County v. ACLU, 492 U.S. 573, the
practice is examined to see if it unconstitutionally endorses religion by
conveying "a message that religion is 'favored,' 'preferred,' or 'promoted'
over other beliefs."
The Cercion Test
Based on the 1992 case of Lee v. Weisman, 505 U.S. 577 the religious
practice is examined to see to what extent, if any, pressure is applied to
force or coerce individuals to participate. The Court has defined that:
"Unconstitutional coercion occurs when:
(1) the government directs
(2) a formal religious exercise
(3) in such a way as to oblige the participation of objectors."
************************************
The real problem here is that you and I have a different view of law.
I believe that the founding fathers had a different view of law as
well, one that caused them to appeal to higher authorities when the
wrote the Declaration of Independance, and that let them to the
principles on which the US Constitution was founded. They understood
that there were deep principles rooted in a higher authority than
themselves (That came from God) Whether or not they fully believed in
Him, (I know some of them did not) they acknowledged the neccesity for
them, and used them as the basis for their document.
Modern law teaches that the judges and others can reinterprett the
laws to fit their understanding of how things should work, hence the
chaos in the last 100 years or so in our country. The Constitution is
the supreme law of the Land, not the judges in those cases mentioned's
interpretations of them. Yes I recognize that those cases were made,
but they do not reestablish the meaning of "Religion" nor of the
Constitution.
I fear that this will not get anywhere with you as I believe that
Romans chapter 1 is particlularly applicable to your reasoning.
Ryan
.
|
|
|
| User: "" |
|
| Title: Re: church/state seperation |
24 Nov 2003 09:31:28 AM |
|
|
(Ryanshort1) wrote:
:|> What's the matter? You can't rebut any of the above to your going to ignore
:|> them and it try to change the topic to another, huh?
:|>
:|Actually I'm not sure it's really worth my time...
Good default. Realize your out of your league toss out a little face
saving comment as you withdraw.
You're not the first to do that over the years.
:|I still think your
:|wrong
Irrelevant.
What you think is irrelevant.
Make a case with data, historical primary source documentation and
respected valid secondary source documentation, not unsubstantiated
personal opinions.
":|and I DID look at your links. I think that the guy's at least as
:|biased as I am,
Irrelevant.
What you think is irrelevant.
Make a case with data, historical primary source documentation and
respected valid secondary source documentation, not unsubstantiated
personal opinions.
That "guy" happens to be me and my partner in that project a practicing
attorney.
Here is our comment to your comment.
A Simple Test
http://members.tripod.com/~candst/simptest.htm
:|and the FF did specifically limit the 1st Ammendment
:|to CONGRESS. That left the States capable...
That is old news.
Ever hear of the 14th Amendment?
Also
***********************************************
CONCERNING "ONLY" CONGRESS:
(3) It is rightly recognized that the First Amendment protection of
religious liberty was originally applied only to actions of the federal
government, specifically the United States Congress,' although presidents
such as Thomas Jefferson and James Madison also considered themselves bound
by the free exercise and non-establishment prohibitions. It was not until
Cantwell vs. Connecticut (1940) that the Supreme Court decreed that the
Free Exercise Clause applied to the states. In the 1947 decision Everson
vs. Board of Education, both the Free Exercise and Non-Establishment
Clauses were "incorporated" and applied to the states.
The application of the First Amendment to state actions was entirely
appropriate given the falsity of the compact theory of the national union,"
the adoption of the Fourteenth Amendment to the Constitution in 1868," and
the foundational and guiding character of the Declaration of Independence
and the natural rights of "life, liberty, and the pursuit of happiness" for
Constitutional interpretation."
(SOURCE OF INFORMATION: The Myth of Christian America, What You Need to
Know About the Separation of Church and State.. Mark Weldon Whitten Smyh &
Helwys, Macon, Georgia, (1999) p. 11)
***************************************
4. Constitutions are written in very broad terms. There are, of course,
exceptions to this, particularly with respect to the constitutions of local
governments. In the main, however, a common characteristic of
constitutional provisions is their broad language. How would you interpret
the following section?
Congress shall make no laws respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or of the right of the people to assemble, and to petition
the Government for a redress of grievances.
How many words in this provision do you not understand? What is an
"establishment?" If the school board requires a "moment of silence" at the
beginning of each day, is the school board establishing a religion? What
does "abridging" mean? If a government official leaks secret documents to
the press, and the government tries to sue the press to prevent the
publication of the documents, has the "freedom" of the press been abridged?
If the people have a right to "assemble," could the government pass a law
prohibiting all gatherings of three or more people at any place within one
thousand yards of the White House gates? The questions arising from the
interpretation of constitutional law are endless; tens of thousands of
court opinions exist on questions such as these. The broader the language,
the more ambiguous it is, and therefore the greater the need for interpretation.
SOURCE: Introduction to Paralegalism, Perspectives, Problems and Skills,
Fourth Edition, William Statsky, West Publishing Co. (1992) p. 601
======================================================
" . . . You can't understand a phrase such as "Congress shall make no law
respecting an establishment of religion" by syllogistic reasoning. Words
take their meaning from social as well as textual contexts, which is why "a
page of history is worth a volume of logic." New York Trust Co. v. Eisner,
256 U.S. 345, 349 (1921) (Holmes, J.). . . . "
SOURCE: Sherman v. Community Consol. Dist. 21, 980 F.2d 437, 445 (7th Cir.
1992)
******************************************
(3) B. THE FIRST AMENDMENT AS A RESTRICTION ON
PRESIDENTIAL AND JUDICIAL POWERS
This distinction between an abridgement of existing power and a
declaration of the nonexistence of power has important theoretic and
practical consequences, as will appear from time to time in this volume.
Here it may be sufficient to point out briefly one of these consequences.
The First Amendment, it will be noted, provides only that
Congress shall make no law respecting an establishment of religion
or prohibiting the free exercise thereof.
The amendment expresses no restriction upon action by the President or the
Federal judiciary. This omission has been emphasized by Professor Edward S
Corwin and others in defending the constitutionality of an ambassador to
the Vatican." The appointment of an American ambassador professor Corwin
argued, is an act of the President, and therefore cannot violate the
mandate of the First Amendment that " Congress shall make no law respecting
an establishment of religion."
The logic of this argument is predicated on the assumption that but
for the First Amendment the Federal government, in its legislative,
executive, and judiciary divisions, would have power to act in the area of
religion. It follows from this assumption that since the power was taken
away only from Congress, it still remains with the President and the
Federal courts. But, as we have seen, the power to deal with religion was
never delegated to the Federal government or to any part of it. Madison
used the terms " government " and " general government," not " Congress,"
in denying " jurisdiction " over religion and the right to " intermeddle "
with it. If no branch of the national government has any inherent or
delegated power under the Constitution to intermeddle with religion, the
fact that the First Amendment expresses a restraint only upon Congressional
action may not be construed as an implied grant of power to the President
or the judiciary.
It was the possibility of just such " a colorable pretext to claim
more than was granted " that Hamilton warned against when he asked " why
declare that things shall not be done which there is no power to do? " And
it was to meet this threat that the Bill of Rights included the Ninth and
Tenth Amendments, which provide respectively, that
The enumeration in the Constitution of certain rights, shall not be
construed to deny and disparage others retained by the people, [and] The
powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or
to the people.
The Bill of Rights was added to the Constitution to satisfy the
demands of Jefferson and his Republicans, who above all else were fearful
and suspicious of a strong executive. It seems highly unlikely that they
would have agreed to an amendment which left the executive free to abridge
a right so carefully withheld from legislative interference. This becomes
even clearer when it is remembered that the First Amendment is not limited
to a prohibition on laws respecting religion; it provides also that
"Congress shall make no law ... prohibiting the free exercise " of
religion, " 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." If the President and the Federal courts are
free to disregard the prohibition of laws respecting an establishment of
religion, they must be equally free to disregard the other prohibitions.
Only the First Amendment mentions Congress; the other seven
amendments use passive verbs without limiting the subject of the restraint:
". . . the right to keep and bear arms shall not be infringed," " no
soldier shall... be quartered in any house," the right to be secure against
"unreasonable searches and seizures shall not be violated," etc. The First
Amendment as originally drafted by Madison was in the same passive form,
and it too did nor mention Congress. It read:
The civil rights of none shall be abridged on account of religious
belief, nor shall any national religion be established, nor shall the full
and equal rights of conscience in any manner or on any pretext be
infringed.
During the course of its travels until its final adoption the
grammatical structure was changed to the active and the word " Congress "
was inserted. There appears, however, to be no indication in any of the
debates or writings that the purpose of the stylistic change was to leave
the executive and judicial branches of the government free of the
restriction imposed on the Congress.
How this change came about can only be a matter of speculation. In
colonial days establishments of religion were effected by the colonial
legislatures; and, as we have seen, the Continental Congress, in the period
immediately preceding the adoption of the Constitution, busied itself with
religious matters. It was therefore natural that in restricting the
national government's activities in the field of religion, the framers of
the First Amendment in the form it was finally adopted thought in terms of
Congress. The change may also be explained by the fact that Madison's
original version contained a provision that " No state shall violate the
rights of conscience, or the freedom of the press, or the trial by jury in
criminal cases." When it was decided to eliminate this restriction on state
action, it was natural to change the sentence structure. This seems highly
probable when it is noted that the word " Congress " first appears in the
third version of the amendment, and that the second version read: " No
religion shall be established by law, nor shall the equal rights of
conscience be infringed." Retention of the passive style might have been
construed as an intent to encompass state action, and it was natural in the
third version to indicate expressly that " Congress shall make no laws,
etc."
Whatever the reason for the change, it is a reasonable assumption
that its purpose was not to confer on the President and the Federal courts
power to deal with religious affairs. As will be seen later," the Supreme
Court in 187 t ruled that under the Constitution the Federal courts have no
power to determine controversies of ecclesiastical dogma. The logic of that
decision, as well as of the history of the First Amendment, leads
necessarily to the conclusion that the President and the Federal courts are
as constitutionally incapable of engaging in acts " respecting an
establishment of religion or prohibiting the free exercise thereof " as is
the Congress. That the interpretation represents the view of the Supreme
Court would seem to be indicated by its use of the words " Federal
Government " rather than " Congress " in its carefully phrased explanation
of the meaning of the " establishment " clauses stated in the Everson case,
repeated in the McCollum case, and quoted later in this chapter. It is
clear that Jefferson and Madison, at least, so interpreted the First
Amendment, as can be
seen from their stated reasons for opposing Presidential Thanksgiving
proclamations.'
SOURCE: Church, State and Freedom, by Leo Pfeffer, The Beacon Press,
Boston, (1953) pp 115-118
***********************************************************************
:|> >:|that you would say that the word Lord in the ending of the US
:|> >:|Constitution was just some obscure "deity" who happened to live about
:|> >:|the same time as Jesus? This was more than just a tradition. They
:|> >:|chose their words pretty carefully.
:|>
:|> Here is all that needs be said on that:
:|>
:|> o "Sunday Excepted" & "Year of Our lord" (1830-1833)
:|> http://candst.tripod.com/sundays2.htm
:|
:|Well, the French DELIBERATELY left it out of theirs...
Lame irrelevant reply on your part
Last time I looked this was the US of A not France.
:|> >:|"PREAMBLE
:|> >:|We, the people of the State of Alabama, in order to establish justice,
:|> >:|insure domestic tranquillity, and secure the blessings of liberty to
:|> >:|ourselves and our posterity, invoking the favor and guidance of
:|> >:|Almighty God, do ordain and establish the following Constitution and
:|> >:|form of government for the State of Alabama:"
:|>
:|>
:|> The legal definition of a preamble is:
:|>
:|> Preamble. A clause at the beginning of a constitution or statute
:|> explanatory of the reasons for its enactment and the objects sought to be
:|> accomplished. Generally, a preamble is a declaration by the legislature of
:|> the reasons for the passage of the statute and is helpful in the
:|> interpretation of any ambiguities within the statute to which it is
:|> prefixed. It has been held however to not be an essential part of act, and
:|> neither enlarges nor confers powers.
:|> SOURCE: Black's Law Dictionary, abridged Sixth Edition, Centennial
:|> Edition (1891-1991) West Publishing Co. (1991) p 813
:|>
:|> *****************************************
:|> "Roger" <rogerfx@hotmail.com> wrote:
:|>
:|> Preambles are not law.
:|
:|Aw come on. Are you saying they aren't important?
No, I didn't say anything. A legal Dictionary said it.
Legally speaking preambles are of no real importance, they aren't law no
matter what you would prefer to want or think.
:|I think that you're
:|just trying to escape here.
Irrelevant.
What you think is irrelevant.
Make a case with data, historical primary source documentation and
respected valid secondary source documentation, not unsubstantiated
personal opinions.
:|in the preamble they are stating by what
:|authority they are creating their document. Dude, if they appeal t
:|something for their authority, they how can you somehow say that
:|something that gave them authority, is now taken away? That's just
:|plain WEIRD!
This says you are incorrect. Guess who wins that argument? Hint, not you.
The legal definition of a preamble is:
Preamble. A clause at the beginning of a constitution or statute
explanatory of the reasons for its enactment and the objects sought to be
accomplished. Generally, a preamble is a declaration by the legislature of
the reasons for the passage of the statute and is helpful in the
interpretation of any ambiguities within the statute to which it is
prefixed. It has been held however to not be an essential part of act, and
neither enlarges nor confers powers.
SOURCE: Black's Law Dictionary, abridged Sixth Edition, Centennial
Edition (1891-1991) West Publishing Co. (1991) p 813
From http://caselaw.lp.findlaw.com/data/constitution/preamble/
PURPOSE AND EFFECT OF THE PREAMBLE
Although the preamble is not a source of power for any department of the
Federal Government, 1 the Supreme Court has often referred to it as
evidence of the origin, scope, and purpose of the Constitution. 2 ''Its
true office,'' wrote Joseph Story in his COMMENTARIES, ''is to expound the
nature and extent and application of the powers actually conferred by the
Constitution, and not substantively to create them. For example, the
preamble declares one object to be, 'to provide for the common defense. No
one can doubt that this does not enlarge the powers of Congress to pass any
measures which they deem useful for the common defence. But suppose the
terms of a given power admit of two constructions, the one more
restrictive, the other more liberal, and each of them is consistent with
the words, but is, and ought to be, governed by the intent of the power; if
one could promote and the other defeat the common defence, ought not the
former, upon the soundest principles of interpretation, to be adopted?''
******************************************
Preambles have no power, no authority no force are not an essential part
of the law or constitution, in short isn't law and has little meaning.
:|>
:|> >:|
:|> >:|It doesn't take a rocket scientist to figure out what they meant.
:|> >:|
:|>
:|> Why don't you explain it and back it up with documentation? BTW
:|> why don't you provide us with the clauses from the Alabama Constitution,
:|> the original or the present that mention religion in the body of the txt of
:|> that document? You know, those clauses that do have legal meaning and
:|> importance?
:|
:|
:|Let me say what I said above in another way, you cannot and must not
:|seperate the preamble from the rest of the document.
Your unsubstantiated claim is noted.
-------------------------------------------------------------------------------
Ordinary or extraordinary claims require ordinary or extraordinary proof.
If you're going to claim something and especially something outlandish
you're going to need some pretty extraordinary and/or irrefutable proof to
back up such a claim. "Where's the beef?" Where's the ordinary or
extraordinary proof for their ordinary or extraordinary claims? If one is
not responding with ordinary or extraordinary, *factual* proof, then the
claim is not worth considering
----------------------------------------------------------------------
[ as Homer@nospam said]
Why is asking for "proof" considered truculence? Do you consider it
truculence for a judge to ask for evidence in a trial. Would you rather
that
people just testified that they believed in the guilt of the suspect?
-----------------------------------------------------------------------------
[as Gray Shockley said:]
(Your "opinion" is not an adequate citation.)
----------------------------------------------------------------------------
:|> >:|Also if you've seen a transcript of the court hearings it's pretty
:|> >:|obvious that a religious test is the real basis for Judge Moore's
:|> >:|removal from his office which is a clear violation of the US and
:|> >:|Alabama Constitutions.
:|>
:|> Your unsubstantiated claim is noted.
:|
:|It's not UNSUBSTANTIATED. I KNOW folks who were there.
Irrelevant
:|I don't have a
:|copy in my hand, but it's true...
That means:
Your unsubstantiated claim is noted.
-------------------------------------------------------------------------------
Ordinary or extraordinary claims require ordinary or extraordinary proof.
If you're going to claim something and especially something outlandish
you're going to need some pretty extraordinary and/or irrefutable proof to
back up such a claim. "Where's the beef?" Where's the ordinary or
extraordinary proof for their ordinary or extraordinary claims? If one is
not responding with ordinary or extraordinary, *factual* proof, then the
claim is not worth considering
----------------------------------------------------------------------
[ as Homer@nospam said]
Why is asking for "proof" considered truculence? Do you consider it
truculence for a judge to ask for evidence in a trial. Would you rather
that
people just testified that they believed in the guilt of the suspect?
-----------------------------------------------------------------------------
[as Gray Shockley said:]
(Your "opinion" is not an adequate citation.)
----------------------------------------------------------------------------
:|> >:|There is a difference between acknowledging God and establishing a
:|> >:|religion and it's NOT a violation of the Constitution I've read.
:|>
:|> [EMPHASIS ADDED]
:|> The still more important fact is that the type of article used in the
:|> establishment clause makes no difference. The First Amendment does not say
:|> that Congress shall not establish a religion or create an establishment of
:|> religion. It says Congress shall make no law RESPECTING an establishment of
:|> religion. Whether "respecting" connotes honoring or concerning, the clause
:|> means that Congress shall make no law on that subject THE BAN IS NOT JUST
:|> ON ESTABLISHMENTS OF RELIGION BUT ON LAWS RESPECTING THEM, A FACT THAT
:|> ALLOWS A LAW TO FALL SHORT OF CREATING AN ESTABLISHMENT YET STILL BE
:|> UNCONSTITUTIONAL.
:|> (SOURCE: The Establishment Clause, Religion and the First Amendment,
:|> Leonard W. Levy, Second Edition, Revised, The University of North Carolina
:|> Press, (1994) p. 118
:|>
:|> -----------------------------------------------
:|> THE ESTABLISHMENT CLAUSE AS DEFINED IN 1947:
:|> -----------------------------------------------
:|>
:|> The Establishment Clause as defined by the USSC in Everson v. Bd of Ed,
:|> 1947
:|>
:|> The "establishment of religion" clause of the First Amendment means at
:|> least this:
:|>
:|> (1) neither a state nor the Federal Government can set up a church.
:|>
:|> (2) Neither can pass laws which aid one religion,
:|> (2a) aid all religions,
:|> (2b) or prefer one religion over another.
:|>
:|> (3) Neither can force
:|> (3a) nor influence a person to go to
:|> (3b) or to remain away from church against his will
:|> (3c) or force him to profess a belief
:|> (3d) or disbelief in any religion.
:|>
:|> (4) No person can be punished for entertaining [p*16]
:|> (4a) or professing religious beliefs
:|> (4b) or disbeliefs,
:|> (4c) for church attendance
:|> (4d) or non-attendance.
:|>
:|> (5) No tax in any amount,
:|> (5a) large or small, can be levied to support any religious activities
:|> (5b) or institutions, whatever they may be called,
:|> (5c) or whatever form they may adopt to teach
:|> (5d) or practice religion.
:|>
:|> (6) Neither a state
:|> (6a) nor the Federal Government can, openly or secretly, participate in the
:|> (6b) affairs of any religious organizations
:|> (6c) or groups,
:|> (6d) and vice versa.
:|>
:|> ************************************
:|> EVEN IF YOU DO AWAY WITH #5 WHICH is what Rehnquist
:|> has been working to accomplish for 30 years, you still all the other
:|> elements which would be and are still good law.
:|>
:|> ************************************
:|> TESTS:
:|> ************************************
:|> Over many years and many cases mainly involving religion in public schools,
:|> the Supreme Court has developed three "tests" to be applied to religious
:|> practices for determining their constitutionality under the Establishment
:|> Clause.
:|>
:|> The Lemon Test
:|> Based on the 1971 case of Lemon v. Kurtzman, 403 U.S. 602, 612-13, the
:|> Court will rule a practice unconstitutional if:
:|> 1.It lacks any secular purpose. That is, if the practice lacks any
:|> non-religious purpose.
:|> 2.The practice either promotes or inhibits religion.
:|> 3.Or the practice excessively (in the Court's opinion) involves government
:|> with a religion.
:|>
:|> The Historical Test
:|> Based on Marsh v. Chambers, 463 U.S. 783 (1983). Requires a unambiguous and
:|> unbroken history of more than 200 years. BTW, the history that was employed
:|> by the Court in Marsh v. Chambers was flawed. See:
:|>
:|> Chaplains and Congress
:|> http://members.tripod.com/~candst/chaptest.htm
:|>
:|> Chief Justice Burger, I Would Like You To Meet Mr. Madison
:|> http://members.tripod.com/~candst/meet.htm
:|>
:|> Discrepancies
:|> http://members.tripod.com/~candst/discrep.htm
:|>
:|> The Political Move That Backfired
:|> http://members.tripod.com/~candst/backfire.htm
:|>
:|> The Endorsement Test
:|> Drawing from the 1989 case of Allegheny County v. ACLU, 492 U.S. 573, the
:|> practice is examined to see if it unconstitutionally endorses religion by
:|> conveying "a message that religion is 'favored,' 'preferred,' or 'promoted'
:|> over other beliefs."
:|>
:|> The Cercion Test
:|> Based on the 1992 case of Lee v. Weisman, 505 U.S. 577 the religious
:|> practice is examined to see to what extent, if any, pressure is applied to
:|> force or coerce individuals to participate. The Court has defined that:
:|> "Unconstitutional coercion occurs when:
:|> (1) the government directs
:|> (2) a formal religious exercise
:|> (3) in such a way as to oblige the participation of objectors."
:|>
:|> ************************************
:|
:|The real problem here is that you and I have a different view of law.
Oh?
Ahem, I wasn't giving you MY VIEW of law. I was giving you the only view
that matters, THE COURT'S VIEW. Now you can disagree with the court if you
like, but to have any credibility you are going to have to shaw why and how
the court erred and you can't do that with just your personal opinion.
:|I believe
Your beliefs are irrelevant.
:|that the founding fathers had a different view of law as
:|well, one that caused them to appeal to higher authorities when the
:|wrote the Declaration of Independance,
The DOI isn't law either.
:|and that let them to the
:|principles on which the US Constitution was founded.
Ho hum, which principles are those?
Roots of American Law
http://members.tripod.com/~candst/histlaw.htm
Study Guide: The Roots of American Democracy
http://members.tripod.com/~candst/studygd8.htm
Study Guide: Separation of Church and State - Indepth
http://members.tripod.com/~candst/studygd0.htm
* The Ten Commandments Issues
o Congress Shall Make No Law Respecting the Establishment of
Reason. Neal Blanchett, Esq. comments on the Ten Commandments controversy.
http://members.tripod.com/~candst/blanch2.htm
o The Seven Lost Commandments
http://members.tripod.com/~candst/7lostcom.htm
o Rev. John Leland on the Ten Commandments, Judge Moore and other
related things
http://members.tripod.com/~candst/leland10.htm
* A Baptist minister and follow warrior with Jefferson, Madison and
others in the struggle for religious freedom gave this advice about
electing public officials: "...guard against those men who make a great
noise about religion..."
http://members.tripod.com/~candst/leland5.htm
* Madison's Arguments Against Special Religious Sanction of American
Government
http://candst.tripod.com/madlib.htm
* Treaty of Tripoli, 1796: Little-Known U.S. Document Signed by
President Adams Proclaims America's Government Is Secular
http://members.tripod.com/~candst/tripoli1.htm
:|They understood
:|that there were deep principles rooted in a higher authority than
:|themselves (That came from God) Whether or not they fully believed in
:|Him, (I know some of them did not) they acknowledged the neccesity for
:|them, and used them as the basis for their document.
* Christian Orthodoxy And The Founders
http://members.tripod.com/~candst/orthodox.htm
:|Modern law teaches that the judges and others can reinterprett the
:|laws to fit their understanding of how things should work, hence the
:|chaos in the last 100 years or so in our country.
Ever hear of English Common Law. It was the roots of our law. Do you know
what "judge made law" is? Judge made Law was the foundation of English
Common Law.
There is nothing modern about that. Judges have been making law in England
and the Colonies of this nation long before a Constitution.
:\The Constitution is
:|the supreme law of the Land, not the judges in those cases mentioned's
:|interpretations of them. Yes I recognize that those cases were made,
:|but they do not reestablish the meaning of "Religion" nor of the
:|Constitution.
You are incorrect.
**********************************************
THE CONSTITUTIONAL PRINCIPLE:
SEPARATION OF CHURCH AND STATE
http://members.tripod.com/~candst/index.html
"Dedicated to combatting 'history by sound bite'."
Now including a re-publication of Tom Peters
SEPARATION OF CHURCH AND STATE HOME PAGE
and
Audio links to Supreme Court oral arguments and
Speech by civil rights/constitutional lawyer and others.
This site is a member of the following web rings:
Freethought Ring--&--Freethought, Religion & Beliefs Ring
The First Amendment Ring--&--The Church-State Ring
American History WebRing--&--The History Ring
Let Freedom Ring--&--Religious Freedom Ring
Law Issues Ring--&--Legal Research Ring
**************************************************
.
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|
| User: "ambrose searle" |
|
| Title: Re: church/state seperation |
24 Nov 2003 03:33:43 PM |
|
|
wrote in message news:<gv74svc54iddjmaqhd2v0a86jgg3580ld0@4ax.com>...
platypuswascreated@yahoo.com (Ryanshort1) wrote:
Ever hear of English Common Law. It was the roots of our law.
Wait, wait, wait.
Did Buckeye Allison post that????
Searle
.
|
|
|
| User: "" |
|
| Title: Re: church/state seperation |
26 Nov 2003 05:08:50 AM |
|
|
(ambrose searle aka richard Gerdiner) wrote:
:|buckeye-ELO@nospam.net wrote in message
:|>
:|> Ever hear of English Common Law. It was the roots of our law.
:|
:|Wait, wait, wait.
:|
:|Did Buckeye Allison post that????
:|
:|Searle aka Gardiner
Posted this too
http://makeashorterlink.com/?M175515A6
and this
http://makeashorterlink.com/?V185215A6
and this too
http://makeashorterlink.com/?T295325A6
**************************
Now for Ambrose Searle AKA Richard Gardiner's rambling discourse I add
this:
-----------------------------------------------------------------------------
[as Gray Shockley said:]
(Your "opinion" is not an adequate citation.)
----------------------------------------------------------------------------
"Dave Thompson" said to another but it can be applied to Ambrose Searle
AKA Richard Gardiner as well
Ummmm, you are a historical troll that has been posting this dreck for a
while now. It doesn't matter if you stopped for a while or not. None of
your posts are new, they're just the same thing you've posted before and
have been shown to be baseless. You obviously don't like it when you've
been caught right in the beginning. I'm sure it won't stop you but at least
it serves notice to others that aren't familiar with you who they are
dealing with.
----------------------------------------------------------------------------
Take anything that Ambrose Searle aka Richard Gardiner types with a grain
of salt. As he has demonstrated time and time again in the past of several
years ago, the past of a year and half ago and finally quite recently,
truth and him with regards to posting are not on speaking terms.
MY EVIDENCE:
*************************
Gardiner AKA Searle's church state posting history covering 3-99 to 902,
5/02 - 7/02 and this current year
http://makeashorterlink.com/?N16F22596
http://snurl.com/2ws8
http://makeashorterlink.com/?Q54F21596 (up to date as of 11/18/03)
*************************
http://makeashorterlink.com/?I2AF32596
http://snurl.com/2wsb
*************************
.
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|
| User: "Carol Lee Smith" |
|
| Title: Re: church/state seperation |
17 Nov 2003 10:16:08 PM |
|
|
On 17 Nov 2003, Ryanshort1 wrote:
What's the matter? You can't rebut any of the above to your going to ignore
them and it try to change the topic to another, huh?
Actually I'm not sure it's really worth my time...
To whom are you replying? You snipped their I.D.
I still think your [sic]
wrong and I DID look at your links. I think that the guy's at least as
biased as I am, and the FF did specifically limit the 1st Ammendment
to CONGRESS. That left the States capable...
Well, the French DELIBERATELY left it out of theirs...
Are you talking about the French Constitution?
The French have had separation since a law was passed in 1905, and they
are very serious about protecting the concept--a real concern considering
the attempts to get religion into the EU constitution.
The French Constitution of '58 would have been more than 50 years after
that law of '05.
<snip>
:|Also if you've seen a transcript of the court hearings it's pretty
:|obvious that a religious test is the real basis for Judge Moore's
:|removal from his office which is a clear violation of the US and
:|Alabama Constitutions.
Your unsubstantiated claim is noted.
It's not UNSUBSTANTIATED. I KNOW folks who were there.
So do I.
I don't have a copy in my hand, but it's true...
There is nothing in the document about a religious test.
It very clearly gives the 6 ethics charges beginning on page 4:
http://news.findlaw.com/hdocs/docs/religion/inremoore111303opn.pdf
Chief Justice Moore violated the Canons of Judicial Ethics in
(1) failing to uphold the integrity and independence of the judiciary;
(2) failing to observe high standards of conduct so that the
integrity and independence of the judiciary might be preserved;
(3) failing to avoid impropriety and the appearance of impropriety;
(4) failing to respect and comply with the law;
(5) failing to conduct himself in a manner promoting public confidence in
the integrity and impartiality of the judiciary; and
(6) failing to avoid conduct prejudicial to the administration of justice
so as to bring the judicial office into disrepute, and the case was
thereby presented to the Court of the Judiciary.
I believe that the founding fathers had a different view of law as
well, one that caused them to appeal to higher authorities when the
wrote the Declaration of Independance, and that let them to the
principles on which the US Constitution was founded. They understood
that there were deep principles rooted in a higher authority than
themselves (That came from God) Whether or not they fully believed in
Him, (I know some of them did not) they acknowledged the neccesity for
them, and used them as the basis for their document.
Which document?
Even the DoI says that the just power comes from the consent of the
governed. It doesn't say the just power is derived from an imaginary
friend.
Modern law teaches that the judges and others can reinterprett the
laws to fit their understanding of how things should work, hence the
chaos in the last 100 years or so in our country. The Constitution is
the supreme law of the Land, not the judges in those cases mentioned's
interpretations of them. Yes I recognize that those cases were made,
but they do not reestablish the meaning of "Religion" nor of the
Constitution.
I fear that this will not get anywhere with you as I believe that
Romans chapter 1 is particlularly [sic] applicable to your reasoning.
And thank Jupiter that Romans chapter 1 has no bearing on this case or any
case brought before a U.S. court at any level.
.
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|
| User: "Bob LeChevalier" |
|
| Title: Re: church/state seperation |
17 Nov 2003 01:53:51 PM |
|
|
(Ryanshort1) wrote:
There is a difference between acknowledging God and establishing a
religion
Not really. Acknowledging God is showing preference for any religion
that recognizes that God, as opposed to various religions that do not
recognize that God.
and it's NOT a violation of the Constitution I've read.
That seems to be a matter of opinion. To any atheist, any
acknowledgement of the existence of a God is a false claim that cannot
be other than establishment.
lojbab
--
lojbab
Bob LeChevalier, Founder, The Logical Language Group
(Opinions are my own; I do not speak for the organization.)
Artificial language Loglan/Lojban: http://www.lojban.org
.
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|
| User: "Cary Kittrell" |
|
| Title: Re: church/state seperation |
18 Nov 2003 12:34:57 PM |
|
|
In article <77ae7156.0311170752.3b4a39b5@posting.google.com> (Ryanshort1) writes:
<
{...}
<
<I guess that you would say that the word Lord in the ending of the US
<Constitution was just some obscure "deity" who happened to live about
<the same time as Jesus? This was more than just a tradition. They
<chose their words pretty carefully.
So, if someone asks me the span of the Roman Empire, and I
guess "Oh, 600 B.C. to 400 A.D.", I've just carefully and
intentionally demonstrated that I am not an atheist? Or
have I merely used the dating convention common to our
culture?
-- cary
.
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|
|
| User: "Carol Lee Smith" |
|
| Title: Re: church/state seperation |
17 Nov 2003 11:46:09 AM |
|
|
On 17 Nov 2003, Ryanshort1 wrote:
I guess that you would say that the word Lord in the ending of the US
Constitution was just some obscure "deity" who happened to live about
the same time as Jesus? This was more than just a tradition. They
chose their words pretty carefully.
They adhered to the dating convention of the day. That is all.
Also that this phrase in the Alabama Constitution is somehow a
violation of the 1st Ammendment?
...
Also if you've seen a transcript of the court hearings it's pretty
obvious that a religious test is the real basis for Judge Moore's
removal from his office which is a clear violation of the US and
Alabama Constitutions.
Where have you read that transcript?
Please share the url.
There is a difference between acknowledging God and establishing a
religion and it's NOT a violation of the Constitution I've read.
Tell that to the 9 justices who removed Moore(on).
.
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|
| User: "Ryanshort1" |
|
| Title: Re: church/state seperation |
17 Nov 2003 08:25:12 PM |
|
|
Where have you read that transcript?
Please share the url.
It isn't online yet. I happen to know 2 folks who were there at the
trial. It was a mockery of justice, unless you are an atheist and a
believer in the theory of evolulution, in which case I full expect you
to applaud the efforts of those who removed him.
Ryan
.
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|
|
| User: "JTEM" |
|
| Title: Re: church/state seperation |
17 Nov 2003 10:04:15 PM |
|
|
"Ryanshort1" <platypuswascreated@yahoo.com> wrote
It isn't online yet. I happen to know 2 folks who were there
at the trial. It was a mockery of justice, unless you are an
atheist and a believer in the theory of evolulution, in which
case I full expect you to applaud the efforts of those who
removed him.
What does evolution or religion have to do with violating
the constitution and ignoring a court order?
You appear to be telling us that you personal beliefs are
coloring your interpretation of the law, and that this makes
the rest of us bad.
If this is what you are honestly stating, you are guilty of hypocrisy.
That should bother you.
.
|
|
|
|
| User: "Dave Thompson" |
|
| Title: Re: church/state seperation |
18 Nov 2003 11:48:09 AM |
|
|
"Ryanshort1" <platypuswascreated@yahoo.com> wrote in message
news:77ae7156.0311171825.3a6e39c0@posting.google.com...
Where have you read that transcript?
Please share the url.
It isn't online yet. I happen to know 2 folks who were there
I rather doubt you do.
at the
trial. It was a mockery of justice, unless you are an atheist
There are plenty of good Christians who applaud the result of the trial.
Moore feels that the constitution says what he wants it to say and if he
doesn't agree with the law he doesn't have to obey it. Religion had nothing
to do with the ruling. Moorre is a demagogue.
and a
believer in the theory of evolulution,
If you don't want to believe in the theory of evolution it doesn't matter to
me. It's not like it becomes invalid because a few religious nuts want to
wave their bibles around and hoot and holler that science isn't paying
atterntion to them.
in which case I full expect you
to applaud the efforts of those who removed him.
Any sane person who understands the constitution applauds the decision.
.
|
|
|
| User: "Carol Lee Smith" |
|
| Title: Re: church/state seperation |
18 Nov 2003 06:56:14 PM |
|
|
On Tue, 18 Nov 2003, Dave Thompson wrote:
"Ryanshort1" <platypuswascreated@yahoo.com> wrote in message
Where have you read that transcript?
Please share the url.
It isn't online yet. I happen to know 2 folks who were there
I rather doubt you do.
Well I do.
Do you believe me? ;-)
at the trial. It was a mockery of justice, unless you are an atheist
There are plenty of good Christians who applaud the result of the trial.
P L E N T Y.
You bet.
Moore feels that the constitution says what he wants it to say and if he
doesn't agree with the law he doesn't have to obey it. Religion had nothing
to do with the ruling. Moorre is a demagogue.
and a believer in the theory of evolulution,
If you don't want to believe in the theory of evolution it doesn't matter to
me. It's not like it becomes invalid because a few religious nuts want to
wave their bibles around and hoot and holler that science isn't paying
atterntion to them.
They give themselves away by trying to make such a connection.
in which case I full expect you
to applaud the efforts of those who removed him.
Any sane person who understands the constitution applauds the decision.
Exactly.
.
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|
|
| User: "Dave Thompson" |
|
| Title: Re: church/state seperation |
18 Nov 2003 11:08:50 PM |
|
|
"Carol Lee Smith" <human@csd.uwm.edu> wrote in message
news:Pine.OSF.3.96.1031118185421.10144F-100000@alpha1.csd.uwm.edu...
On Tue, 18 Nov 2003, Dave Thompson wrote:
"Ryanshort1" <platypuswascreated@yahoo.com> wrote in message
Where have you read that transcript?
Please share the url.
It isn't online yet. I happen to know 2 folks who were there
I rather doubt you do.
Well I do.
Do you believe me? ;-)
I believe YOU. I don't believe the ryantroll. I suspect we have seen the
last of him along with a few others that displayed themselves over the
course of this week.
.
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