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Author Topic:   What if there was no Selective Incorporation?
coffee_addict
Member (Idle past 499 days)
Posts: 3645
From: Indianapolis, IN
Joined: 03-29-2004


Message 1 of 15 (174508)
01-06-2005 5:45 PM


In another thread, Hangdawg writes:
Froggie writes:
Except for the fact that the Bill of Rights applies at all levels of government.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
This statement is only talking about congress passing laws.
Before the conclusion of Gigallow vs. New York (or was it another case?), the Bill of Rights was thought to not apply to local governments. Supreme Justices decided to selectively incorporate most of the amendments in the Bill of Rights into the 14th Amendment, making them apply to all levels of government in this country.
To me, Hangdawg's statement is an indication of belief-driven-theology rather than evidence-driven-theology.
Us objective thinkers would like to think that the evidence guide or judgements, not our preconceived worldview.
I see the implication of the first and 14th amendments as a human rights issue. For example, as much as I'd like to see religion banned in this country (yes, I'm a horrible person), I would never support a political movement to do so not because of the Bill of Rights but because of the human rights issue that is involved.
My question is mainly for the other side of the political spectrum here (you know who you are). What if there was no Selective Incorporation? Would you support a christian theocracy on the state level? Scratch that, would you support a political movement that wants mandatory prayer, to the Judeo-christian god, in public places?
Note: Hangdawg's statement that I quoted above would seem to say yes in this case.

Replies to this message:
 Message 2 by coffee_addict, posted 01-06-2005 5:46 PM coffee_addict has not replied
 Message 4 by Hangdawg13, posted 01-07-2005 3:18 PM coffee_addict has not replied
 Message 15 by riVeRraT, posted 01-10-2005 1:18 PM coffee_addict has not replied

  
coffee_addict
Member (Idle past 499 days)
Posts: 3645
From: Indianapolis, IN
Joined: 03-29-2004


Message 2 of 15 (174511)
01-06-2005 5:46 PM
Reply to: Message 1 by coffee_addict
01-06-2005 5:45 PM


To answer your question, Admin_______, whereever is fine.

This message is a reply to:
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AdminDawg
Inactive Member


Message 3 of 15 (174772)
01-07-2005 3:05 PM


Thread moved here from the Proposed New Topics forum.

  
Hangdawg13
Member (Idle past 773 days)
Posts: 1189
From: Texas
Joined: 05-30-2004


Message 4 of 15 (174776)
01-07-2005 3:18 PM
Reply to: Message 1 by coffee_addict
01-06-2005 5:45 PM


I'm not a lawyer, so all my arguments here are more or less theoretical than practical, BUT...
I think every situation where one half of the separation clause is going to be used, we must also look at the other. IOW, "congress shall make no law respecting..." may be used to try to take prayer away from a public school football game, but then you are violating the second half, "or prohibiting the free exercise thereof". As far as the hindu family in the crowd, I disagree that their being offended by a prayer is the same as having their right of religion taken away.
What if there was no Selective Incorporation? Would you support a christian theocracy on the state level? Scratch that, would you support a political movement that wants mandatory prayer, to the Judeo-christian god, in public places?
No. MANDATORY is what draws the line. If you have a cross or a Buddha in on the courtyard, you are not mandating that anyone worship it. If you have prayer at your council meeting or school games, or whatnot, you are not mandating that everyone pray. There is a difference.

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Replies to this message:
 Message 5 by Silent H, posted 01-07-2005 4:21 PM Hangdawg13 has replied

  
Silent H
Member (Idle past 5841 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 5 of 15 (174799)
01-07-2005 4:21 PM
Reply to: Message 4 by Hangdawg13
01-07-2005 3:18 PM


If you have a cross or a Buddha in on the courtyard, you are not mandating that anyone worship it. If you have prayer at your council meeting or school games, or whatnot, you are not mandating that everyone pray. There is a difference.
Don't you understand that while you are not mandating that everyone pray, you are mandating that everyone give respect to your symbols and practices, while actively denying them that same respect until they get enough people to overrule you?
Indeed you are mandating that they give respect to your symbols and practices at times and places where they are supposed to be considered equal with you as their money and service have gone to make those public places exist.
You can say that no one has to respect the symbols and practices, and are free to ignore them, but that mandates that they have to expend energy to ignore your symbols and practices, including the ones that are overtly offensive to them. And they are certainly not free to criticize or act against the offensive symbols and practices.
Nor are they able to simply add their own symbols or practices to yours. They are mandated to instead exhibit their symbols and practices privately so as not to offend YOU by making them seem equal through free placement... until they'd get a majority.
Remember, this is coming from a guy that has no problems with prayers at football games.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 4 by Hangdawg13, posted 01-07-2005 3:18 PM Hangdawg13 has replied

Replies to this message:
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Hangdawg13
Member (Idle past 773 days)
Posts: 1189
From: Texas
Joined: 05-30-2004


Message 6 of 15 (174821)
01-07-2005 6:00 PM
Reply to: Message 5 by Silent H
01-07-2005 4:21 PM


Point taken. I realize it is a complicated issue, and I'm really not prepared to debate it from a legal standpoint.

This message is a reply to:
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Replies to this message:
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Abshalom
Inactive Member


Message 7 of 15 (174822)
01-07-2005 6:07 PM


Why Is It Necessary?
So, why is it necessary to ask God to bless, watch over, safeguard, or otherwise participate or observe a sporting event, civic/political function, or secular educational process in the first damned place?
Isn't humankind capable of conducting human activities without supernatural assistance or interference?
What the hell is so damned impossible or important about scoring one more point than the other team, funding a sewer treatment facility, or graduating a bunch of substandardly educated nitwits that requires the participation of a deity?

Replies to this message:
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nator
Member (Idle past 2191 days)
Posts: 12961
From: Ann Arbor
Joined: 12-09-2001


Message 8 of 15 (174823)
01-07-2005 6:16 PM
Reply to: Message 7 by Abshalom
01-07-2005 6:07 PM


Re: Why Is It Necessary?
Because it makes us feel good, no other reason.

This message is a reply to:
 Message 7 by Abshalom, posted 01-07-2005 6:07 PM Abshalom has replied

Replies to this message:
 Message 9 by Abshalom, posted 01-07-2005 6:20 PM nator has replied

  
Abshalom
Inactive Member


Message 9 of 15 (174824)
01-07-2005 6:20 PM
Reply to: Message 8 by nator
01-07-2005 6:16 PM


Re: Why Is It Necessary?
So why don't we simply have a common masturbation session instead?

This message is a reply to:
 Message 8 by nator, posted 01-07-2005 6:16 PM nator has replied

Replies to this message:
 Message 10 by nator, posted 01-07-2005 6:22 PM Abshalom has replied

  
nator
Member (Idle past 2191 days)
Posts: 12961
From: Ann Arbor
Joined: 12-09-2001


Message 10 of 15 (174825)
01-07-2005 6:22 PM
Reply to: Message 9 by Abshalom
01-07-2005 6:20 PM


Re: Why Is It Necessary?
Takes too long, and do we really want to see grandpa spanking his monkey?

This message is a reply to:
 Message 9 by Abshalom, posted 01-07-2005 6:20 PM Abshalom has replied

Replies to this message:
 Message 11 by Abshalom, posted 01-07-2005 6:24 PM nator has replied

  
Abshalom
Inactive Member


Message 11 of 15 (174826)
01-07-2005 6:24 PM
Reply to: Message 10 by nator
01-07-2005 6:22 PM


Re: Why Is It Necessary?
... better than being bored to tears by some long, drawn-out benediction.

This message is a reply to:
 Message 10 by nator, posted 01-07-2005 6:22 PM nator has replied

Replies to this message:
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nator
Member (Idle past 2191 days)
Posts: 12961
From: Ann Arbor
Joined: 12-09-2001


Message 12 of 15 (174835)
01-07-2005 6:41 PM
Reply to: Message 11 by Abshalom
01-07-2005 6:24 PM


Re: Why Is It Necessary?
I disagree.
At least you can sleep through the benediction.

This message is a reply to:
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Tal
Member (Idle past 5699 days)
Posts: 1140
From: Fort Bragg, NC
Joined: 12-29-2004


Message 13 of 15 (174940)
01-08-2005 2:33 AM



Then I heard the voice of the Lord saying, "Whom shall I send? And who will go for us?" And I said, "Here am I. Send me!" Isaiah 6:8
No webpage found at provided URL: www.1st-vets.us

  
Silent H
Member (Idle past 5841 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 14 of 15 (174967)
01-08-2005 5:41 AM
Reply to: Message 6 by Hangdawg13
01-07-2005 6:00 PM


I'm really not prepared to debate it from a legal standpoint.
I'm willing to accept this answer, but it does seem you are prepared to advance your theories from a legal standpoint (even if caveated) and do argue that your position is correct and others are wrong.
I hope this means that until you actually have a case, you will support the side of fully separating church and state, or stay out of the argument altogether?

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

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riVeRraT
Member (Idle past 438 days)
Posts: 5788
From: NY USA
Joined: 05-09-2004


Message 15 of 15 (175513)
01-10-2005 1:18 PM
Reply to: Message 1 by coffee_addict
01-06-2005 5:45 PM


Would you support a christian theocracy on the state level?
No.
Would I support a government that believes in the creator?
YES!
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
Notice the word creator in there.
Scratch that, would you support a political movement that wants mandatory prayer, to the Judeo-christian god, in public places?
No, nor would I support a law forbidding it.

This message is a reply to:
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