Well, here goes a little political post for those of you who may have been missing it. The Chief Justice of the Supreme Court of Alabama has refused a federal court's order to remove a monument from the Supreme Court building. One of the items on the monument is a stone carving of the ten commandments. Now, where would you think the libertarian in me would land on this one?
It's not so easy. Here's why.
The first amendment to the US Consitution says "Congress shall make no law respecting the establishment of religion...". Now many people leave one word out of that when they say the amendment calls for a "separation" of church and state. That word is "respecting". Rephrasing that clause could look like this "Congress shall make no law with respect to the establishment of religion...". Does that sound different? It really isn't. Plainly, it means that congress should not make laws about establishing religion - either pro or con. In other words, the federal government has no business talking about the establishment of religion. Why? Because that right, as with all others not expressly granted to the federal government, are reserved to the respective states in the 10th amendment.
Chitchat, are you saying that government could establish a religion? Not on the federal level, no. On the state level, however, certainly. States were free at the time of the founding to do so, and they should be free to do so now. Does that contradict my libertarian philosophy? Not necessarily. I simply do not want courts to usurp the powers of the people.
Courts have done two things that have landed us in this pickle. First, they have failed to interprect the Consitution correctly, finding things that don't exist (i.e. "right to privacy", "separation of church and state", etc.). Secondly, other courts have given their rulings, or precedents, the power and weight of law as if they originally did appear in the Constitution. The result is a completely illegitimate set of judicial rulings which have no real basis in actual law. They have originated from other rulings built on other rulings built, finally, on bogus or created concepts never actually found in the law.
So, Alabama, tell that federal judge to shove it. May other states follow suit.
It's not so easy. Here's why.
The first amendment to the US Consitution says "Congress shall make no law respecting the establishment of religion...". Now many people leave one word out of that when they say the amendment calls for a "separation" of church and state. That word is "respecting". Rephrasing that clause could look like this "Congress shall make no law with respect to the establishment of religion...". Does that sound different? It really isn't. Plainly, it means that congress should not make laws about establishing religion - either pro or con. In other words, the federal government has no business talking about the establishment of religion. Why? Because that right, as with all others not expressly granted to the federal government, are reserved to the respective states in the 10th amendment.
Chitchat, are you saying that government could establish a religion? Not on the federal level, no. On the state level, however, certainly. States were free at the time of the founding to do so, and they should be free to do so now. Does that contradict my libertarian philosophy? Not necessarily. I simply do not want courts to usurp the powers of the people.
Courts have done two things that have landed us in this pickle. First, they have failed to interprect the Consitution correctly, finding things that don't exist (i.e. "right to privacy", "separation of church and state", etc.). Secondly, other courts have given their rulings, or precedents, the power and weight of law as if they originally did appear in the Constitution. The result is a completely illegitimate set of judicial rulings which have no real basis in actual law. They have originated from other rulings built on other rulings built, finally, on bogus or created concepts never actually found in the law.
So, Alabama, tell that federal judge to shove it. May other states follow suit.
posted by Chitchat at 10:02 PM
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