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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHow Scalia's religion informs his judgments.
There has been some disbelief and dismay at Scalias astounding statement that the state can favor religion over secularism. However, in an article about his views on capital punishment Gods Justice and Ours, http://www.firstthings.com/..., Scalia explains his basis for this belief.
Divine right never died.
Scalia explains that in past times the majority of people were told that rulers gained their authority directly from god. And this was backed by a pageant of ceremonies that connected the god and the ruler. However, with democracy, it is not so self-evident to people that the state recieves its authority from god (because politicians, elections and such.)
But the states authority in a democracy is derived from god just as it is in a monarchy.
Divine right means that the Constitution was divinely ordained at its inception to further the aims of god through civil authority.
He believes the Constitution is not a living document, just as the bible is not a living document, and therefore societys views of judgments and punishments should not change, but must adhere to the gods word as given in the bible.
God has given the government the authority to judge and punish in accordance with gods laws.
Thus because God punished with death, the state can also punish with death.
Civil rights not mentioned in the bible are not legitimate.
Since there is no mention of a right of abortion in the bible it can not be a legitimate civil right.
This is a very general summary of Scalia's arguments.
Please read the article. I'd like to know if I am understanding his arguments.
shraby
(21,946 posts)His judgement is fast disappearing. What was there wasn't the best, but it's getting pretty thin.
jaysunb
(11,856 posts)He appears to be unable to adhere to any kind of "judicial temperament" publicly and almost seems get quite a charge out of making what he has to realize are inflammatory remarks.
Over the last 10 years or so, I've witnessed several people I know go through this early and mid stage of dementia and Alzheimer's and his behavior certainly fits the pattern.
I'm loathe to wish any human ill, but in this case; hurry sun down
Fawke Em
(11,366 posts)Wolf Frankula
(3,600 posts)Does not come from God. It comes from WE THE PEOPLE!
Wolf
Wella
(1,827 posts)Can't evaluate if your statements are true or not.
cheyanne
(733 posts)Wella
(1,827 posts)napi21
(45,806 posts)ordination, since most of the founders and signers were atheists?
I am a Catholic as he is, but I never believed our Constitution was based upon religion. Hell, we fought a war to separate from England and their mandatory religion!
I'm betting no one who he respects ever asked him to explain that...or maybe there isn't anyone he respects?
defacto7
(13,485 posts)I seriously doubts he sees anything beyond his own prejudice. I dare say there's a hint of megalomania in his words.
defacto7
(13,485 posts)Whether he has his full faculties or not, his positions are heretical to the constitution, the bill of rights and the precepts and precedents of justice that the US has stood on and progressed from since it's foundation. This man truly seeks a coup d'etat to tear down our present government and set up a Theocracy.
I think this is heresy and an impeachable offense against the people of the United States.
He is an embarrassment to all Americans in the eyes of the free world and further undercuts any honorable respect we have left.
Is it important that we are a laughing stock? In this case yes because it shows how stupid the US has become. We the People of the US are being held hostage by a justice of stupidity which will erode our function as a society to the point of obsolescence.
This is pitiful. It is not the judicial balance that makes a democratic republic function, it's the judicial ignorance that destroys a nation.
Scalia must be removed.
Uben
(7,719 posts)People with such activist beliefs have no place in the supreme court. He is in it for himself and himself only.
Of course he should resign, but he won't because of his narcissism. Worthless piece of shit!