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Louisiana becomes first state to require that Ten Commandments be displayed in public classrooms

Subduction Zone

Veteran Member
Yes. we know that. The problem is in sometimes deciding if an issue is one of states rights or not. You could also have simply have copied and pasted the Tenth Amendment:

“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 problem is that it is sometimes difficult to decide whether a topic is a states right one or not. I have a feeling that over the next twenty to thirty years that many of the decisions of the current immoral court will be overturned.
 

Subduction Zone

Veteran Member
It doesn’t matter what is in a state constitution. The US Constitution supersedes and overrides state constitutions. Always. That the US Constitution doesn’t address Roe v. Wade makes it a states’ rights issue. That the US Constitution doesn’t address a right to privacy makes it a states’ rights issue. If the US Constitution addressed Roe v. Wade, or guaranteed a right to privacy, then it would supersede and override the states. So, the Establishment Clause of the First Amendment supersedes and overrides all state constitutions. Ergo, to wit, therefore, abracadabra, hocus pocus the Louisiana bill will not stand. The SCOTUS will slap it down. Prove me wrong and change my mind. Hint: you can’t.
The Supreme Court could prove you wrong. They have made other bad decisions when it comes to the First Amendment so I would not keep my hopes up.

Roe v Wade is another issue and it is debatable. A woman's bodily autonomy does not seem to be a "states' rights issue" to me.
 

Kenny

Face to face with my Father
Premium Member
For your edification:

And in the famous case of Vidal v. Girard's Executors, 2 How. 127, 43 U. S. 198, this Court, while sustaining the will of Mr. Girard, with its provision for the creation of a college into which no minister should be permitted to enter, observed: "It is also said, and truly, that the Christian religion is a part of the common law of Pennsylvania."


Supreme Court Justice David Brewer wrote the majority (and unanimous) decision for the court. While the first part of the ruling describes how the decision was determined, the latter portion deals with the historical proofs that demonstrate that America is a Christian nation. After providing more than eighty pieces of evidence concerning America's Christian origin, Justice Brewer concluded his decision:

If we pass beyond these matters to a view of American life, as expressed by its laws, its business, its customs, and its society, we find everywhere a clear recognition of the same truth. Among other matters, note the following: the form of oath universally prevailing, concluding with an appeal to the Almighty; the custom of opening sessions of all deliberative bodies and most conventions with prayer; the prefatory words of all wills, "In the name of God, amen;" the laws respecting the observance of the Sabbath, with the general cessation of all secular business, and the closing of courts, legislatures, and other similar public assemblies on that day; the churches and church organizations which abound in every city, town, and hamlet; the multitude of charitable organizations existing everywhere under Christian auspices; the gigantic missionary associations, with general support, and aiming to establish Christian missions in every quarter of the globe. These, and many other matters which might be noticed, add a volume of unofficial declarations to the mass of organic utterances that this is a Christian nation. In the face of all these, shall it be believed that a Congress of the United States intended to make it a misdemeanor for a church of this country to contract for the services of a Christian minister residing in another nation?

Suppose, in the Congress that passed this act, some member had offered a bill which in terms declared that if any Roman Catholic church in this country should contract with Cardinal Manning to come to this country and enter into its service as pastor and priest, or any Episcopal church should enter into a like contract with Canon Farrar, or any Baptist church should make similar arrangements with Rev. Mr. Spurgeon, or any Jewish synagogue with some eminent rabbi, such contract should be adjudged unlawful and void, and the church making it be subject to prosecution and punishment. Can it be believed that it would have received a minute of approving thought or a single vote? Yet it is contended that such was, in effect, the meaning of this statute. The construction invoked cannot be accepted as correct. It is a case where there was presented a definite evil, in view of which the legislature used general terms with the purpose of reaching all phases of that evil, and thereafter, unexpectedly, it is developed that the general language thus employed is broad enough to reach cases and acts which the whole history and life of the country affirm could not have been intentionally legislated against. It is the duty of the courts under those circumstances to say that, however broad the language of the statute may be, the act, although within the letter, is not within the intention of the legislature, and therefore cannot be within the statute.

The judgment will be reversed, and the case remanded for further proceedings in accordance with this opinion. [5]

[5] THE UNITED STATES SUPREME COURT Vs. HOLY TRINITY CHURCH v. U.S. 143 U.S. 457, 12 S.Ct. 511, 36 L.Ed. 226 Feb. 29, 1892, Church of the Holy Trinity v. United States, 143 U.S. 457 (1892), November 21, 2011.
 

Kenny

Face to face with my Father
Premium Member
For your edification:

Because of his profound influence upon the character of the Supreme Court, Joseph Story is regarded (along with several other prominent judges) as a "Father of American Jurisprudence." Remembered for his opinion in The Amistad case and his renown literary work, Commentaries on the Constitution of the United States (1833), Joseph Story served on the Supreme Court from 1811 to 1845. Justice Story left no doubt concerning the role of Christianity in the origin of America:

One of the beautiful boasts of our municipal jurisprudence is, that Christianity is part of the Common Law, from which it seeks the sanction of its rights, and by which it endeavors to regulate its doctrines. . . There never has been a period, in which the Common Law did not recognize Christianity as lying at its foundations.
Benjamin Morris, Christian Life and Character of the Civil Institutions of the United States, Developed in the Official and Historical Annals of the Republic (Philadelphia: George W. Childs, 1864), 639.
 

Jainarayan

ॐ नमो भगवते वासुदेवाय
Staff member
Premium Member
The Supreme Court could prove you wrong. They have made other bad decisions when it comes to the First Amendment so I would not keep my hopes up.

Roe v Wade is another issue and it is debatable. A woman's bodily autonomy does not seem to be a "states' rights issue" to me.
No doubt, they’re known to screw up. I don’t think the state has a right to dictate what one does with or to their body. So, I don’t think it should be any sort of state or federal issue.
 

Pogo

Well-Known Member
It doesn’t matter what is in a state constitution. The US Constitution supersedes and overrides state constitutions. Always. That the US Constitution doesn’t address Roe v. Wade makes it a states’ rights issue. That the US Constitution doesn’t address a right to privacy makes it a states’ rights issue. If the US Constitution addressed Roe v. Wade, or guaranteed a right to privacy, then it would supersede and override the states. So, the Establishment Clause of the First Amendment supersedes and overrides all state constitutions. Ergo, to wit, therefore, abracadabra, hocus pocus the Louisiana bill will not stand. The SCOTUS will slap it down. Prove me wrong and change my mind. Hint: you can’t.
Remember which Scotus you are dealing with, they might well affirm Dred Scott as precedent. :(
 

Pogo

Well-Known Member
Yes. we know that. The problem is in sometimes deciding if an issue is one of states rights or not. You could also have simply have copied and pasted the Tenth Amendment:

“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 problem is that it is sometimes difficult to decide whether a topic is a states right one or not. I have a feeling that over the next twenty to thirty years that many of the decisions of the current immoral court will be overturned.
Maybe not overturned, but Congress may get of its butt and actually legislate them as it should.
 

Subduction Zone

Veteran Member
For your edification..

Patheos is presenting a correct view:

Here is the problem, that the treaty was broken by Muslims does not negate the original treaty. In the first treaty we were being nice and explaining to them why there was no reason for war between us. After they broke the treaty we were not so nice and did not need to explain why there was no reason to attack us. After attacking us they found another more convincing reason not to do it again.
 
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