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Subject: 
Re: Santorum Fails In His Effort To Pervert The Constitution
Newsgroups: 
lugnet.off-topic.debate
Date: 
Tue, 20 Jul 2004 21:50:38 GMT
Viewed: 
1855 times
  
In lugnet.off-topic.debate, Dave Schuler wrote:
   Good suggestions all. I’d like to disclaim, though, that my original formulation of the question made a few stipulations, among them the following:

Values predating Judeo-Christianity must not be included (ie, “do unto others...”)

First of all, just because it might or might not predate Judeism (technically, by virtue of the fact that Adam is cited as talking to the same God that Abraham talked to, the informal roots of Judeism can be claimed to extend back to the dawn of mankind, even though the core of the formal religion was credited as being developed from the days of Abraham to the days of Moses) doesn’t mean it wasn’t annexed into that religion (“eye for an eye”, at one extreme, and “do unto others” at the other). Also, I don’t believe there are any laws in the US that actually enforce that ideal, though that general idea is often used as an excuse to vote against passing a particular law (on the basis of not elevating one person’s freedom over another’s). Indeed the whole seperation of church and state concept fits perfectly into this ideal (don’t force another man to convert to your religion if you wouldn’t like him to force you to convert to his).

   Values not manifest in secular law (ie, no shellfish) must not be included

That “unclean foods” bit predates formal Judeism (first mentioned in the Bible during the Flood story), was included in such non-related religions as Hinduism and the Egyptian faith, and was dropped from Christianity largely on the basis of Peter’s experience with the tarp full of “unclean” animals. There are, however, a few Christian offshoots that reverted to the core unclean food laws, and there are those who beleive the laws weren’t originally put forth for religious purposes, but for health purposes.

Besides, nothing is truly manifest in secular law. Murder isn’t (look at medieval Japan, where samurai could strike down peasants at will, and slaves were used to test the quality of a new katana blade). Theft isn’t (the concept of personal property as we understand it was introduced to Native Americans by Europeans, where before noone claimed ownership of the land, and if you expressed a desire for an item “owned” by someone else, he was expected to give it to you).

   Values present in Judeo-Christianity (ie, slavery, which is repeatedly endorsed in scripture) but antithetical to our secular law must not be included (I would add to this that such currently-antithetical values must be accounted for; specifically, why are these certain values okay to exclude while we are somehow required to accept other values as fundamental.)

Slavery was originally legal in the US, so it wasn’t antithetical to the law as created by the Founding Fathers. Much of US law has changed since those days (I wonder what they would have thought of prohibition), so you can’t use the current state of law as a means of arguing that the original constitution wasn’t laid out according to Judeo-Christian ideals.

   I don’t even question that many of our politicians have been devout Christians. However, except where their values have no precedent outside of Judeo-Christianity, I don’t think it’s accurate to claim that those values are part of a Judeo-Christian foundation. That would be like claiming that, because Ford trucks use interchangeable parts, therefore Ford Motor Company invented the notion of interchangeable parts. Sure, they may use them, but the idea predates them. So it is with many Judeo-Christian notions and values.

No, it would be like claiming that Ford put together that particular set of interchangable parts. And since a Ford door won’t fit on a Chevy truck, that’s accurate, though some of the parts (like nuts and bolts) might be used by both. If you scratch-build a truck using Ford parts, isn’t it effectively a Ford?

   If we must include those values in our discussion, can we not instead identify them appropriately according their origins, rather than ascribing them to a convenient stopping-point (Judeo-Christianity) along the way?

We could, but the fact remains that they wouldn’t have been the basis of US government if they weren’t part of the Judeo-Christian faith.

   I suppose I’ve been kind of unclear on this point in the past. It would be foolish to insist that public officials wholly divorce themselves from their faith or sectarian beliefs when making public policy decisions; those officials are clearly informed by their own value systems, which in turn may be based on faith.

It would be impossible to force them to do so (and unconstitutional, even). That was actually one of the big fears of electing JFK, since many believed it would put the US under the direct control of the Pope.

   That’s part of the melting pot, and IMO it’s fine as long as no faith-based (or nonfaith-based) group attempts to criminalize another group’s beliefs (or nonbeliefs).

Again, it’s entirely legal to do so, as long as it’s done properly, and it serves the valuable purpose of preventing religious institutes from being able to circumvent the law by incorporating illegal activities into their belief system. Or would you prefer that we return to the days of witch-burning? Maybe you’d like to see people get their hands cut off for stealing from a Muslim? Religions are protected by the constitution. Their practices are not.

   However, there was a case recently (I’ll try to find it--it shouldn’t be difficult) in which members of a jury consulted the bible during their deliberations for advice re: punishment. That is, IMO, an unforgiveable encroachment of religion into public law, and such intrusions should be resisted at all costs.

There is no constitutional basis for forbidding them to do so. In fact, the constitution forbids the legislature from creating laws to do that very thing. Freedom of religion is a two-edged sword. The government can’t require you to follow one specific faith, but it also can’t prohibit you from considering the values of your faith in the creation or application of laws.

   Speaking as 25% of the club.

:)



Message has 1 Reply:
  Re: Santorum Fails In His Effort To Pervert The Constitution
 
(...) If the claim is made that our state charter is founded on ideals dating to the birth of humanity, then evidence must be given to support that claim, or else it is a doctrine of religious faith (and an attempt to unite the state and religion). (...) (20 years ago, 21-Jul-04, to lugnet.off-topic.debate, FTX)

Message is in Reply To:
  Re: Santorum Fails In His Effort To Pervert The Constitution
 
(...) Good suggestions all. I'd like to disclaim, though, that my original (URL) formulation> of the question made a few stipulations, among them the following: Values predating Judeo-Christianity must not be included (ie, “do unto others...”) (...) (20 years ago, 20-Jul-04, to lugnet.off-topic.debate, FTX)

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