I thought you were a Little Mister Junior Know It All Constitutional History Expert who would know what the common law rules of construction were when the nation was founded and what the founders said about them.

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I find it appalling that Justice Antonin Scala, in his dissenting opinion in McCreary County v. ACLU, constructed his model of "the relationship between church and state" in America without even considering the actual text of the Constitution. How do incompetents like him get on the U. S. Supreme Court?

That covers just about all of it......

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I find it appalling that Justice Antonin Scala, in his dissenting opinion in McCreary County v. ACLU, constructed his model of "the relationship between church and state" in America without even considering the actual text of the Constitution. How do incompetents like him get on the U. S. Supreme Court?

Except for that whole part about the Court's jurisdiction. The part you're actually arguing about in this thread.

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"The only crime in America is not having any money."
-Berthold Brecht

"This interview...is not about me..."
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That's not true at all. Perhaps the Court doesn't approach the actual text by saying in its opinions "this is what Art. - Sec. -- means," but the Court most certainly interprets the extent of the different governmental powers and individual rights listed in the Constitution all the time. Just look at the latest docket if you don't believe me.

They are elaborating on previous opinions where earlier courts defined powers of government, and the protections specific rights offer. Although they refer to previous opinions, they are still speaking of the actual substantive rights found in the Constitution itself, and as such, they are interpreting the Constitution.

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"The only crime in America is not having any money."
-Berthold Brecht

"This interview...is not about me..."
-

This is all just a metaphor. It has nothing to do with God, but rather the notion that in this new nation the founders formed, people had all the rights that every other person had upon birth. It's just a bit more poetic to say "endowed by their creator" than something like "everybody's the same." It was an acknowledgment that this nation would not be one of man-made social statuses, and caste like social systems, like the monarchy in England. Americans would not have to earn their status, but rather we would be born with it.

Furthermore, there is no mention of "God" in the Constitution and the only mention of religion is the Establishment Clause stating that the government shall never make any laws respecting the establishment thereof. I think the Establishment Clause is perfectly in line with the earlier line from the Declaration of Independence implying this equality we are all born with. As an aside, I always find it funny when religious folk find this as definitive proof that the founders wanted all of us to accept Jesus Christ as our lord and saviour.

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"The only crime in America is not having any money."
-Berthold Brecht

"This interview...is not about me..."
-

I will also note that the establishment clause is in effect to protect religion from government, not just government from religion. Both sides benefit when they stay out of each others hair. History shows that both suffer when government and religion mix.

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"A dog barks when his master is attacked. I would be a coward if I saw that God's truth is attacked and yet would remain silent."
-John Calvin

In God We Trust is on every coin we make, i guess thats just an old leftover from the days when men had a dream of a free life.

It's a leftover from the 1950's just like "under god" in the pledge. And, I don't quite see what a dream of a free life has to do with those words.

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"The only crime in America is not having any money."
-Berthold Brecht

"This interview...is not about me..."
-

It sounds as much a metaphor as the words of the Declaration of Independence.

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I am an American. That's the way most of us put it, just matter of factly. They are plain words, those four: you could write them on your thumbnail, or sweep them clear across this bright autumn sky. But remember too, that they are more than just words. They are a way of life. So whenever you speak them; speak them firmly, speak them proudly, speak them gratefully. I am an American. ...a tradition

Exactly right it is all only words unless a man can wrap his mind around something better to strive for. Without them he forcefully takes what he wants.

My bad....

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I find it appalling that Justice Antonin Scala, in his dissenting opinion in McCreary County v. ACLU, constructed his model of "the relationship between church and state" in America without even considering the actual text of the Constitution. How do incompetents like him get on the U. S. Supreme Court?

I thought that was the object of Constitutional interpretation, not a methodology of interpretation.

Justice Scalia seems to spend a lot of time, especially in his dissenting opinions, explaining to the other Justices how they misinterpreted previous Supreme Court Opinions. His dissent in McCreary County v. ACLU is an example of what I'm talking about.

I agree. However, I will bet you a Coca Cola that, in cases involving the Constitution, the opinions of the Court contain more interpretations of previous Supreme Court Opinions than interpretations of the actual text of the Constitution.

My point is, that when the Court, for whatever reason, revisits the actual text of the Constitution to ascertain the will of the lawmakers at the time they made the Constitution, it should use the common law "rules of construction", as prevailed at the time the Constitution was made.

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I find it appalling that Justice Antonin Scala, in his dissenting opinion in McCreary County v. ACLU, constructed his model of "the relationship between church and state" in America without even considering the actual text of the Constitution. How do incompetents like him get on the U. S. Supreme Court?

Well it was originally put on the currency to separate us from the Communist heathens of the USSR, so maybe there was some type of idea of striving for something better... But I don't really get what your above quoted post means. I take it to mean that without religion a man resorts to violence, but I can prove that is not so. This is a topic for another thread, however.

Nonetheless, the words were put on the currency in conjunction with the red scare, and really have nothing to do with god at all. I suspect this was just legislation that was rammed through Congress accompanied by accusations that those who didn't vote for the legislation were Commies, much like the Patriot Act was rammed through taking advantage of another scare. I would be surprised to see however, that the bill passing it into law says anything about American's accepting god into their lives to strive for something better.

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"The only crime in America is not having any money."
-Berthold Brecht

"This interview...is not about me..."
-

The Constitution, by granting the government no power whatsoever over religion, made religion wholly exempt from the cognizance of the civil authorities. Take away the First Amendment and the Constitution still excludes religion from the jurisdiction of the civil authorities.

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I find it appalling that Justice Antonin Scala, in his dissenting opinion in McCreary County v. ACLU, constructed his model of "the relationship between church and state" in America without even considering the actual text of the Constitution. How do incompetents like him get on the U. S. Supreme Court?

Huh?

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I find it appalling that Justice Antonin Scala, in his dissenting opinion in McCreary County v. ACLU, constructed his model of "the relationship between church and state" in America without even considering the actual text of the Constitution. How do incompetents like him get on the U. S. Supreme Court?