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RE: What Does The Constitution Really Say About Religion? - 10/3/2014 10:28:23 PM   
DomKen


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quote:

ORIGINAL: subrosaDom


quote:

ORIGINAL: Musicmystery


quote:

ORIGINAL: Gauge
I find Justice Scalia's opinion to be quite disturbing. The very idea of the court system is to be balanced and fair...

If you believe Scalia is interested in a balanced and fair court system, then you haven't been paying attention.

His "interpretations" are justifications to suit his political agenda.


His political agenda, by and large, is the Constitution. Too bad Douglas Ginsberg, Reagan's Nominee, wasn't dogged by pot allegations, a non-starter today. He would have been a great Justice. Instead we have Sotomayer and Ginsburg. I don't particular care for Breyer, but along with Scalia, he has the finest legal mind on the Court.


Were you dropped on your head, a lot, as a child? Scalia is simply making shit up to justify what ever position he wants to take.

He's been both for and against expansive readings of the commerce clause. He wrote the ruling that said that Native Americans could be denied access to peyote in prison because that did not affect their free exercise rights and also voted that corporations could have religion in the Hobby Lobby case.

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RE: What Does The Constitution Really Say About Religion? - 10/3/2014 10:46:51 PM   
Edwynn


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Rights without the same responsibility as the individual is what corporations are about.

Let us know when a shareholder get's sued personally for the actions of the corporation, the same as that shareholder or any citizen would be sued or jailed doing the same thing outside of the corporate umbrella of limited liability. The citizen as citizen has no protection of limited liability. Corporate limited liability is understandable from a purely financial liability standpoint, but the fact remains that while the Enron CEO and CFO were in jail only because their financial shenanigans harmed shareholders (and ONLY because of that), not a single Enron trader was charged with negligent homicide for all the old people they killed as result of their intentionally shutting down power plants in California in the middle of a very hot summer to jack up the price of spot and futures energy prices.

If you think that the only people who disagree with the above are 'communists' and should move to N Korea, you need to get out more, in every way. N European countries have a much better handle on the corporation's place in society, and their numbers reflect that: less hours, better pay, more private savings, better health care (at much less cost), better maternity (and paternity) leave compensation ... the whole nine yards. And yet those countries still have their own billionaires too, if not as many per 100,000 as in the US.

They have their own property rights laws too, but done in a way that f*cks with real citizens and the environment a lot less, and interferes with any proper democratic process a LOT less than in the US.

"Free speech" being 'more free' to the highest bidder is not in any way conducive to a democratic process, and "property rights" has nothing to do with it. Unless you want to go back to the times when only property owners (white and male, to complete that picture) had a say so in the matter, which situation would ironically enough put us back in the time before corporations were adjudicated as being 'persons.'

Gotta make up your mind, there.

Every market economy requires some notion of property rights, but it's clear that the same inveterate single-definition application of it doesn't work the same all across the world.




< Message edited by Edwynn -- 10/3/2014 11:36:36 PM >

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RE: What Does The Constitution Really Say About Religion? - 10/4/2014 12:17:54 AM   
stef


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quote:

ORIGINAL: DomKen

Were you dropped on your head, a lot, as a child?

There's no sign it stopped in childhood. It appears to be ongoing.

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RE: What Does The Constitution Really Say About Religion? - 10/4/2014 3:09:39 AM   
subrosaDom


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quote:

ORIGINAL: stef


quote:

ORIGINAL: DomKen

Were you dropped on your head, a lot, as a child?

There's no sign it stopped in childhood. It appears to be ongoing.


Yeah, I bounce it once a day actually against an stone effigy of the leftists on the Supreme Court.

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RE: What Does The Constitution Really Say About Religion? - 10/4/2014 5:45:43 AM   
joether


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quote:

ORIGINAL: subrosaDom
quote:

ORIGINAL: stef
quote:

ORIGINAL: DomKen
Were you dropped on your head, a lot, as a child?

There's no sign it stopped in childhood. It appears to be ongoing.

Yeah, I bounce it once a day actually against an stone effigy of the leftists on the Supreme Court.


At least the 'leftists' as you call them are not as predictable on court cases. Scalia is totally predictable. If the GOP wants a court case to go a certain direction, Scalia will make sure it goes in that direction. If the GOP wants something stopped, Scalia will stop it. To be a judge is to be impartial (or at least as impartial as possible) to political viewpoints. Scalia can not make that leap in any honest way. He's the guy that thought 'Enhanced Interrogation Techniques' were not a violation of the 8th amendment. Why? Because the G. W. Bush administration didn't want it at the time.

The other four conservatives on the bench are pretty predictable and go by political factors....NOT....Constitutional. Or how else does one explain why a corporation is a person, who can have a religious viewpoint that....ALSO....trumps the individual citizen's religious freedom?

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RE: What Does The Constitution Really Say About Religion? - 10/4/2014 7:44:20 AM   
Musicmystery


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quote:

ORIGINAL: subrosaDom


quote:

ORIGINAL: Musicmystery


quote:

ORIGINAL: Gauge
I find Justice Scalia's opinion to be quite disturbing. The very idea of the court system is to be balanced and fair...

If you believe Scalia is interested in a balanced and fair court system, then you haven't been paying attention.

His "interpretations" are justifications to suit his political agenda.


His political agenda, by and large, is the Constitution. Too bad Douglas Ginsberg, Reagan's Nominee, wasn't dogged by pot allegations, a non-starter today. He would have been a great Justice. Instead we have Sotomayer and Ginsburg. I don't particular care for Breyer, but along with Scalia, he has the finest legal mind on the Court.


I'm still looking for the "corporations are people" section of the Constitution.

Maybe you have to smoke Scalia's weed to see it.

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RE: What Does The Constitution Really Say About Religion? - 10/4/2014 8:49:43 AM   
CreativeDominant


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quote:

ORIGINAL: Musicmystery


quote:

ORIGINAL: subrosaDom


quote:

ORIGINAL: Musicmystery


quote:

ORIGINAL: Gauge
I find Justice Scalia's opinion to be quite disturbing. The very idea of the court system is to be balanced and fair...

If you believe Scalia is interested in a balanced and fair court system, then you haven't been paying attention.

His "interpretations" are justifications to suit his political agenda.


His political agenda, by and large, is the Constitution. Too bad Douglas Ginsberg, Reagan's Nominee, wasn't dogged by pot allegations, a non-starter today. He would have been a great Justice. Instead we have Sotomayer and Ginsburg. I don't particular care for Breyer, but along with Scalia, he has the finest legal mind on the Court.


I'm still looking for the "corporations are people" section of the Constitution.

Maybe you have to smoke Scalia's weed to see it.
Here's how it started...
http://www.howstuffworks.com/corporation-person1.htm

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RE: What Does The Constitution Really Say About Religion? - 10/4/2014 11:07:43 AM   
Musicmystery


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Exactly -- a bullshit justification for Scalia's political agenda. In fact, your source itself points out that:
quote:

What's strange, Hartmann points out, is that the justices hadn't ruled that way at all. Even fishier, the court reporter was a former railroad president [source: Hartmann]. Ultimately, since it was a headnote (a commentary prefix to the court record) written by the reporter, it didn't constitute law.

...and yet Scalia decides it's precedent.

Curious how for over two centuries no one suggested corporations had freedom of speech - - weird, given their power, if that intent was always there, that corporations never asked for the legal recognition previously. That is, weird except for one point of reality . . .

It's bullshit. Scalia decides what he wants, then constructs a rationalization for it. That's his only "Constuctionist" approach.


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RE: What Does The Constitution Really Say About Religion? - 10/4/2014 11:42:11 AM   
CreativeDominant


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quote:

ORIGINAL: Musicmystery

Exactly -- a bullshit justification for Scalia's political agenda. In fact, your source itself points out that:
quote:

What's strange, Hartmann points out, is that the justices hadn't ruled that way at all. Even fishier, the court reporter was a former railroad president [source: Hartmann]. Ultimately, since it was a headnote (a commentary prefix to the court record) written by the reporter, it didn't constitute law.

...and yet Scalia decides it's precedent.

Curious how for over two centuries no one suggested corporations had freedom of speech - - weird, given their power, if that intent was always there, that corporations never asked for the legal recognition previously. That is, weird except for one point of reality . . .

It's bullshit. Scalia decides what he wants, then constructs a rationalization for it. That's his only "Constuctionist" approach.

But...to make things more head-scratch-worthy, in 1986 DOW Chemical sued the Fed. Gov't. Their complaint was that the EOA violated their 4th Amendment rights by doing flyovers at their chemical plants and taking photos during these flyovers. DOW lost.

BUT...in 1978, the SCOTUS protected businesses, under the 4th Amendment, from searches. Under Marshall vs Barlows, Inc., the court held that OSHA could not walk into a business without permission OR proof that a safety guideline was being violated.

http://money.howstuffworks.com/corporation-person2.htm

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RE: What Does The Constitution Really Say About Religion? - 10/4/2014 3:18:42 PM   
dcnovice


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quote:

Scalia decides what he wants, then constructs a rationalization for it.

In fairness to Justice Scalia (now there are words I'd never expected to write!), he's not alone in that.

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it's never enough to keep up.

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RE: What Does The Constitution Really Say About Religion? - 10/4/2014 4:12:51 PM   
Real0ne


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quote:

ORIGINAL: Gauge

http://www.msn.com/en-us/news/politics/antonin-scalia-says-constitution-permits-court-to-favor-religion-over-non-religion/ar-BB75vV4

I am opening this topic for a few reasons, not the least of which I find Justice Scalia's opinion to be quite disturbing. The very idea of the court system is to be balanced and fair... blind justice and all that, and not favoring any entity, establishment or person over another. I tire quickly of religious zealots advocating for religious freedom... as long as it is their religion that is free. I believe that the Constitution was designed to protect every citizen regardless of what they did or did not believe. I also believe that religion should be left out of legislation except to protect the freedom to practice or not practice it as one so chooses.

Scalia seems to think that the Constitution should not be a progressive document, but should be adhered to in its original form. So, the question becomes, should the Constitution be a fluid document that can change with the times, or should it be followed strictly to the letter of the original document and never change? Wasn't this country founded on secular principles because of what was happening in England with religion specifically? Is it really the function of government to favor religion over those that do not practice one?

I am sure I will have more questions as the discussion progresses.

I want to add that I am aware of the fact that the court system is skewed and not everyone is treated the same or fairly.



The technical substantive definition of religion is that in which you believe and act upon regardless of source with regard to conscience generally. Those actions are founded in your religion.

Religion has several elements and is a procedural event, not an [ocracy]. Though the composite full scope beliefs can have any label generally.

Like skating fishing, sking etc etc, certain elements lead to an action and that action fits the definition.

In fact the states have created and established a religion, a secular one however, and you are free to worship [pray] to whatever and however you want but when it comes to the 'exercise' part it better be sanctioned by and through the state. 501(3)(c)

One of the better reads on the matter.



Every man woman and child has their own set of beliefs and 'generally' speaking when those beliefs manifest themselves to form the persons self governing actions, that is their religion. We each have our own religion at a personal level, however the state does not recognize it, only corporate religions.

Case in point the people from the ME who exercised 'THEIR RELIGION' according to traditional custom and stoned their daughter for whoring around, the US respected their right to exercise their religion by throwing them in prison because it did not comply with the states religion.

"Its just a fucking piece of paper!" GW Dubya

First off the only rights you have with regard to the state are rights the states acknowledge and I can show you charters demonstrating they have claimed everything there is to claim.

All you have is the right to "PRAY", outside of that you have the right to exersize any number of the subordinate state 'sanctioned' religions, nothing more.

But dont try the exercise part, its dangerous in a 'free' country like ours.

Same thing with property, ownership is strictly subject to usufruct rights.

The state has no obligation to protect you.

None what so ever. Delaney case comes to mind.

The state/citizen covenant is broken.






< Message edited by Real0ne -- 10/4/2014 4:34:30 PM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

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RE: What Does The Constitution Really Say About Religion? - 10/5/2014 2:09:05 AM   
joether


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quote:

ORIGINAL: CreativeDominant
quote:

ORIGINAL: Musicmystery
Exactly -- a bullshit justification for Scalia's political agenda. In fact, your source itself points out that:
quote:

What's strange, Hartmann points out, is that the justices hadn't ruled that way at all. Even fishier, the court reporter was a former railroad president [source: Hartmann]. Ultimately, since it was a headnote (a commentary prefix to the court record) written by the reporter, it didn't constitute law.

...and yet Scalia decides it's precedent.

Curious how for over two centuries no one suggested corporations had freedom of speech - - weird, given their power, if that intent was always there, that corporations never asked for the legal recognition previously. That is, weird except for one point of reality . . .

It's bullshit. Scalia decides what he wants, then constructs a rationalization for it. That's his only "Constuctionist" approach.

But...to make things more head-scratch-worthy, in 1986 DOW Chemical sued the Fed. Gov't. Their complaint was that the EOA violated their 4th Amendment rights by doing flyovers at their chemical plants and taking photos during these flyovers. DOW lost.

BUT...in 1978, the SCOTUS protected businesses, under the 4th Amendment, from searches. Under Marshall vs Barlows, Inc., the court held that OSHA could not walk into a business without permission OR proof that a safety guideline was being violated.

http://money.howstuffworks.com/corporation-person2.htm


Your talking two different things here.

In the first instance, its whether or not the government could fly over a location and 'sight see'. Last I checked, DOW Chemical, nor any other corporation owns the sky above their property. Unless of course they have an air force to match the US Military....

In the second instance, its whether the government needed probable cause to enter the premises or not. The government does not have legal access to all parts of a physical location on the ground....UNLESS....its believed a crime has taken place, is in the process, or about to happen.

Consider this. Would the government be able to check an ocean liner's hull under the water for whatever reason? Even if its docked at a corporate terminal? The answer would be 'yes'. Since the corporation does not own the water. If someone moored their boat to the terminal, the corporation could have it moved due to trespassing. If someone anchored their boat, but not moored; I think the corporation could request local and state law enforcement to force the owner to move their craft. Or simply call in the USCG.

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RE: What Does The Constitution Really Say About Religion? - 10/5/2014 5:43:01 AM   
thompsonx


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ORIGINAL: stef

There's no sign it stopped in childhood. It appears to be ongoing.

I think that is called a "double dribble"


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RE: What Does The Constitution Really Say About Religion? - 10/5/2014 5:47:16 AM   
thompsonx


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ORIGINAL: dcnovice

In fairness to Justice Scalia (now there are words I'd never expected to write!), he's not alone in that.

Foulers foul where they walk and foulers walk with other foulers...birds of a feather flok..


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RE: What Does The Constitution Really Say About Religion? - 10/5/2014 8:22:16 AM   
MasterJaguar01


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quote:



His political agenda, by and large, is the Constitution. Too bad Douglas Ginsberg, Reagan's Nominee, wasn't dogged by pot allegations, a non-starter today. He would have been a great Justice. Instead we have Sotomayer and Ginsburg. I don't particular care for Breyer, but along with Scalia, he has the finest legal mind on the Court.





Can you cite, even a SINGLE opinion of his that even remotely represents a reasonable interpretation of the Constitution?






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RE: What Does The Constitution Really Say About Religion? - 10/5/2014 10:24:06 AM   
Real0ne


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quote:

ORIGINAL: joether

Your talking two different things here.

In the first instance, its whether or not the government could fly over a location and 'sight see'. Last I checked, DOW Chemical, nor any other corporation owns the sky above their property. Unless of course they have an air force to match the US Military....

In the second instance, its whether the government needed probable cause to enter the premises or not. The government does not have legal access to all parts of a physical location on the ground....UNLESS....its believed a crime has taken place, is in the process, or about to happen.

Consider this. Would the government be able to check an ocean liner's hull under the water for whatever reason? Even if its docked at a corporate terminal? The answer would be 'yes'. Since the corporation does not own the water. If someone moored their boat to the terminal, the corporation could have it moved due to trespassing. If someone anchored their boat, but not moored; I think the corporation could request local and state law enforcement to force the owner to move their craft. Or simply call in the USCG.




You are confused.

When you buy property you only buy a bundle of attached usufruct rights.

The government abolished the american citizens inheritance to the right to property, and replaced it with the right to buy rights in property, [a limited controlling interest], likewise religious exercise and free speech through methodical enforcement of state religion.





In Fee [taxable] and Al Ohd [not taxable] are not commingle-able terms, they are completely contrary and opposite. Al Ohd = Full dominion, In Fee = subject to "Ultimate Title".

That was a nice trick [it worked] however to play on the ordinary man with the implication he had actual dominion over the soil and instead in reality he is in the same predicament he was in prior to the revolution, subject to usufruct rights at the whim of the Sovereign landlord [Soil Owner].

In-fee [simple] tenancy is in fact ownership [in Land] however ownership [in Land] is NOT the same as ownership [in soil], and "dominion" is only obtained in the english legal system through allodial [Ultimate] ownership [in Al Ohd] of the "soil".

You DO NOT OWN THE SOIL, the Sovereign does.

In the case of the United states the Sovereign is the state, a piece of paper. (no head to chop off)

All you have is franchise rights, that is rights that the state [ptb] is willing to grant, no different than the vassals of England under the nobles and King before the revolution.

Modern Governance



So what do you think of the necessity and requirement of each person to have a personal military to protect their rights instead of "law"? From Law breaking Sovereign governments? Might makes right, law is only paper?


Its nice to see threads like this every once in a while :)



< Message edited by Real0ne -- 10/5/2014 10:47:56 AM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

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RE: What Does The Constitution Really Say About Religion? - 10/5/2014 7:16:49 PM   
Gauge


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quote:

ORIGINAL: Real0ne


The technical substantive definition of religion is that in which you believe and act upon regardless of source with regard to conscience generally. Those actions are founded in your religion.

Religion has several elements and is a procedural event, not an [ocracy]. Though the composite full scope beliefs can have any label generally.

Like skating fishing, sking etc etc, certain elements lead to an action and that action fits the definition.

In fact the states have created and established a religion, a secular one however, and you are free to worship [pray] to whatever and however you want but when it comes to the 'exercise' part it better be sanctioned by and through the state. 501(3)(c)

One of the better reads on the matter.



Every man woman and child has their own set of beliefs and 'generally' speaking when those beliefs manifest themselves to form the persons self governing actions, that is their religion. We each have our own religion at a personal level, however the state does not recognize it, only corporate religions.

Case in point the people from the ME who exercised 'THEIR RELIGION' according to traditional custom and stoned their daughter for whoring around, the US respected their right to exercise their religion by throwing them in prison because it did not comply with the states religion.

"Its just a fucking piece of paper!" GW Dubya

First off the only rights you have with regard to the state are rights the states acknowledge and I can show you charters demonstrating they have claimed everything there is to claim.

All you have is the right to "PRAY", outside of that you have the right to exersize any number of the subordinate state 'sanctioned' religions, nothing more.

But dont try the exercise part, its dangerous in a 'free' country like ours.

Same thing with property, ownership is strictly subject to usufruct rights.

The state has no obligation to protect you.

None what so ever. Delaney case comes to mind.

The state/citizen covenant is broken.



I am not sure if it is me, but I don't understand a thing about what your response has to do with the question I asked.

A Supreme Court justice says the courts should favor those with religion over those that do not have one. That is the topic.


_____________________________

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I'm wearing my chicken suit and humming La Marseillaise.

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RE: What Does The Constitution Really Say About Religion? - 10/5/2014 10:19:39 PM   
Real0ne


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quote:

ORIGINAL: Gauge


I am not sure if it is me, but I don't understand a thing about what your response has to do with the question I asked.

A Supreme Court justice says the courts should favor those with religion over those that do not have one. That is the topic.






my response addresses:

1) Substantively 'everyone' has a religion.

2) The states have established a secular religion.

3) You have no right to 'exercise' your religion.

4) The state has no obligation to protect you or your religion only theirs.



I also believe that religion should be left out of legislation except to protect the freedom to practice or not practice it as one so chooses.

agreed, but its impossible with the exception of incontrovertible facts, therefore its impossible.

Scalia seems to think that the Constitution should not be a progressive document, but should be adhered to in its original form

agreed, instead it should be abolished altogether, there is no need for it if you understand the true relationship between yourself and government.

Otherwise it has provisions for amendments.


should it be followed strictly to the letter of the original document and never change?

its not followed at all, well extremely narrowly to the point you need a microscope to see it, hence if it were the legislatures and 99% of attorneys would be out of business.

Wasn't this country founded on secular principles because of what was happening in England with religion specifically?

It was founded on several business ventures of the king the pope, the french the spaniards etc etc etc. Britain won out winning coast to coast jurisdiction Lousiana excepted.

In so far as rights are concerned, the constitution is an agreement between you and the sovereign to be ruled by the sovereign who made all the rules and created his courts to adjudicate his rules according to the rules he based the constitution on.

All these guys did was transfer and copy existing british law, the british bill of rights, the magna charta in existence for hundreds of years and people here worship it.

It was mainly high taxation and the take over by corporations created under the king.


I believe that the Constitution was designed to protect every citizen regardless of what they did or did not believe.

The constitution was designed to create a perfect union for better imposition of tax collection upon the states.

I tire quickly of religious zealots advocating for religious freedom...

Even atheists have religion. Technically. They seem to be the biggest zealots from what I have seen.



LAKEWOOD, Colo. — Supreme Court Justice Antonin Scalia said Wednesday that secularists are wrong when they argue the Constitution requires religious references to be banished from the public square.

Scalia is correct, letting ALL RELIGIONS display their references and religious activities in public in fact is precisely the beginning steps to freedom of religion.

None of which is the establishment of a certain God based religion, however as I said earlier the state has a well established secular religion.


Justice Scalia, part of the court’s conservative wing, was preaching to the choir when he told the audience at Colorado Christian University that a battle is underway over whether to allow religion in public life, from referencing God in the Pledge of Allegiance to holding prayers before city hall meetings.

the pledge of allegiance is your promise of everything you own or ever will own to the government (sovereign). It should be abolished.


“I think the main fight is to dissuade Americans from what the secularists are trying to persuade them to be true: that the separation of church and state means that the government cannot favor religion over non religion,” Justice Scalia said.

Non religion is not recognized, how do you favor people with no skin when everyone has skin, just different colors.


“Our [the court‘s] latest take on the subject, which is quite different from previous takes, is that the state must be neutral, not only between religions, but between religion and nonreligion,” Justice Scalia said. “That’s just a lie. Where do you get the notion that this is all unconstitutional? You can only believe that if you believe in a morphing Constitution.

This is where it gets sticky. Neutral is the correct position since every living man woman and child has their own personal religion despite what they want to label it. Hence the courts are more correct in one sense and scalia is correct in the sense that non religion is not recognized in the constitution.

the constitution agrees to freedom OF religion not freedom FROM religion and that the state NOT establish itself as any particular religion. and as I said it did establish itself as a religion.

The constitution cannot guarantee freedom FROM water either since your body is 95% water.

Just because someone does not have a deity does not mean they do not have a religion. Atheists for some reason desperately want to separate themselves from the concept of religion, the wrong direction imo, they should be fighting for recognition as a religion if the want the alleged protections of the constitution.






< Message edited by Real0ne -- 10/5/2014 10:34:01 PM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to Gauge)
Profile   Post #: 38
RE: What Does The Constitution Really Say About Religion? - 10/6/2014 7:03:31 AM   
mnottertail


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Your topic addresses no such thing, it is the ravings of a lunatic. Utah, has nothing to do with our constitution, they neither helped frame it, were under our control, nor fought our war of independence. A more elegant non-sequitur could be obtained by slobbering silly asswipe over the constitution of Mexico.

Nobody cares, it is not at all germain.

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Have they not divided the prey; to every man a damsel or two? Judges 5:30


(in reply to Real0ne)
Profile   Post #: 39
RE: What Does The Constitution Really Say About Religion? - 10/6/2014 9:49:35 AM   
Gauge


Posts: 5689
Joined: 6/17/2005
Status: offline

quote:

ORIGINAL: Real0ne

my response addresses:

<snip>




Dude, I have no fucking clue what you are on about. Either I am missing something vital, or you are just rambling... and I cannot figure out which it is. I apologize, but I just don't get it.

_____________________________

"For there is no folly of the beast of the earth which is not infinitely outdone by the madness of men." Herman Melville - Moby Dick

I'm wearing my chicken suit and humming La Marseillaise.

(in reply to Real0ne)
Profile   Post #: 40
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