Trump Appellate Nominee Says Her Religion Supersedes the Constitution
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16-09-2017, 04:51 AM
RE: Trump Appellate Nominee Says Her Religion Supersedes the Constitution
The "no religious test clause" is about the state requiring an applicant to be of a certain religion. This clause forbids any tests that would divulge the applicants religion.

The clause also has the applicant take a vow to support the Constitution.

However, if someone should ask, "When making a judicial decision that is particularly taxing, I sometimes find myself reading the last chapter of Judge So & So's biography. Do you have any particular books that you turn to for guidance in difficult times ?"

If the applicant freely talks about their own religion and how it influences their decision making abilities, then this should also influence those voting on that person's nomination.

The clause protects you from being asked.
It doesn't protect you when you freely give up that information.

Insanity - doing the same thing over and over again and expecting different results
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16-09-2017, 03:11 PM
RE: Trump Appellate Nominee Says Her Religion Supersedes the Constitution
(15-09-2017 04:26 PM)Banjo Wrote:  
(15-09-2017 04:21 PM)Thumpalumpacus Wrote:  Theres a solution, you know.

Hi mate.

It's not up to me. Americans are responsible for their predicament.

You realize that the majority of voters did not vote for Trump in 2016, right? Most of us do not support him.

But don't let that stop your stepping up on the soapbox.
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16-09-2017, 03:16 PM
RE: Trump Appellate Nominee Says Her Religion Supersedes the Constitution
(15-09-2017 05:49 PM)SYZ Wrote:  "Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office:

'I, ______________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _______ under the Constitution and laws of the United States. So help me God.'"

"So help me god" is not required for any federal oath. The inductee may simply omit this as he or she wishes. I did so swearing into the USAF -- er, affirming.
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16-09-2017, 04:39 PM (This post was last modified: 16-09-2017 05:01 PM by Banjo.)
RE: Trump Appellate Nominee Says Her Religion Supersedes the Constitution
(16-09-2017 03:11 PM)Thumpalumpacus Wrote:  You realize that the majority of voters did not vote for Trump in 2016, right? Most of us do not support him.

But don't let that stop your stepping up on the soapbox.

Mate, the "it wasn't my fault" excuse won't cut it.

The appointment of GWB should have been enough. Americans have been way too immodest.

BTW. Your patriotism won't cut it with foreigners who do not share it.

NOTE: Member, Tomasia uses this site to slander other individuals. He then later proclaims it a joke, but not in public.
I will call him a liar and a dog here and now.
Banjo.
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16-09-2017, 05:36 PM
RE: Trump Appellate Nominee Says Her Religion Supersedes the Constitution
(16-09-2017 04:39 PM)Banjo Wrote:  
(16-09-2017 03:11 PM)Thumpalumpacus Wrote:  You realize that the majority of voters did not vote for Trump in 2016, right? Most of us do not support him.

But don't let that stop your stepping up on the soapbox.

Mate, the "it wasn't my fault" excuse won't cut it.

The appointment of GWB should have been enough. Americans have been way too immodest.

BTW. Your patriotism won't cut it with foreigners who do not share it.

I'm not sure why you see my posts as "patriotism", mate. If you want to judge me for a vote I didn't cast, have at it. That broad brush you're so happy to wield says a lot more about you than it does about me.

Dumbass.
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16-09-2017, 06:02 PM
RE: Trump Appellate Nominee Says Her Religion Supersedes the Constitution
(16-09-2017 04:39 PM)Banjo Wrote:  Mate, the "it wasn't my fault" excuse won't cut it.

The appointment of GWB should have been enough.

Come on now, GW wasn't solely Thump's fault either. (I have it on authority that Rocketsurgeon was in on it too).

There are a lot of us here who talk and vote and just have to suck on it because the system is stronger than our voices. We don't like it any more than you do, actually less.

But this as an international forum is a place we come to for support, we need it. It would be nice for non Americans to not just knock us down harder than we already have been.

But now I have come to believe that the whole world is an enigma, a harmless enigma that is made terrible by our own mad attempt to interpret it as though it had an underlying truth.

~ Umberto Eco
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16-09-2017, 08:48 PM
RE: Trump Appellate Nominee Says Her Religion Supersedes the Constitution
(16-09-2017 03:16 PM)Thumpalumpacus Wrote:  "So help me god" is not required for any federal oath. The inductee may simply omit this as he or she wishes. I did so swearing into the USAF -- er, affirming.

I was citing Dr H's reference to 28 U.S.C. § 453 - U.S. Code - Unannotated Title 28. Judiciary and Judicial Procedure §453. Oaths of justices and judges.

Are you saying that this judicial oath does not have to be followed verbatim, or that it's just a guide? Huh

I'm a creationist... I believe that man created God.
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17-09-2017, 12:18 AM
RE: Trump Appellate Nominee Says Her Religion Supersedes the Constitution
(16-09-2017 06:02 PM)evenheathen Wrote:  
(16-09-2017 04:39 PM)Banjo Wrote:  Mate, the "it wasn't my fault" excuse won't cut it.

The appointment of GWB should have been enough.

Come on now, GW wasn't solely Thump's fault either. (I have it on authority that Rocketsurgeon was in on it too).

There are a lot of us here who talk and vote and just have to suck on it because the system is stronger than our voices. We don't like it any more than you do, actually less.

But this as an international forum is a place we come to for support, we need it. It would be nice for non Americans to not just knock us down harder than we already have been.

How is asking people do something knocking them?

As for GWB, he got in through the slave owner friendly Electoral college nonsense, just as Trump did some years later. Perhaps this dreadful institution should come under fire? Get rid of it through protest, writing your local member...something?

It may be right that people get the leaders they deserve. I can't change anything.

America is the biggest thing on the net. One can't avoid it. Yet the only protest seems to be coming from the entertainment sector. Which is probably suitable when one considers the prevalence of TV and movie stars who gain power.

Do something.

NOTE: Member, Tomasia uses this site to slander other individuals. He then later proclaims it a joke, but not in public.
I will call him a liar and a dog here and now.
Banjo.
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17-09-2017, 12:28 PM
RE: Trump Appellate Nominee Says Her Religion Supersedes the Constitution
(17-09-2017 12:18 AM)Banjo Wrote:  How is asking people do something knocking them?

As for GWB, he got in through the slave owner friendly Electoral college nonsense, just as Trump did some years later. Perhaps this dreadful institution should come under fire? Get rid of it through protest, writing your local member...something?

It may be right that people get the leaders they deserve. I can't change anything.

America is the biggest thing on the net. One can't avoid it. Yet the only protest seems to be coming from the entertainment sector. Which is probably suitable when one considers the prevalence of TV and movie stars who gain power.

Do something.
I have mixed feelings about this.

On the one hand, I didn't vote for him and in fact put a lot of personal energy and $$ into the Sanders campaign so that we would not have the weak liberal candidate that was actually offered up. That wasn't entirely a wasted effort in that it did move Clinton a bit more to the left and reduced the influence of her elitist base, but ... at the end of the day the problem here in the US is the two party system combined, as you point out, with the electoral college nonsense -- and, oh yea, gerrymandering of districts. You folks down under have a much more intelligent voting system from what I gather.

There is some chance of objectively solving the gerrymandering issue as data science has proposed a fairly objective mathematical fairness target when drawing boundaries, that reliably detects slanted / contrived redistricting. But not much of a chance really. And the process for eliminating the electoral college (and I believe changing the way national votes are taken) would require a constitutional amendment / convention and that's a "be careful what you ask for" scenario because it cuts both ways; hyper-conservatives or white nationalists could get the constitution rewritten to favor themselves.

What I think you are really asking is that we not whine about it and following the general principle that no one gives a useful / actionable fuck about my personal angst, I would mostly not whine anyway. But it is not a simple matter of Doing Something vs whining. I have not felt any enthusiasm for a national candidate for office in this country in my sixty years as a citizen, other than, briefly, Sanders, and now even he is wearing thin on me. And that says something either about me, or about national politics in America since at least the 1960s. Probably both.

I am not proud of it, but between Trump getting elected and his daily tweet-storms I have taken the general approach of "I'm too old for this shit" and I have quit responding to the indignant emails coming to my in box several times a day urging me to sign this petition or send in that donation. It's a bewildering welter of marketing that has become anxiety-inducing. I have gone to a couple of protests and will probably contribute $$ to almost anyone willing to run credibly against Trump for re-election in 2020 -- hell, I'd contribute to Dwayne Johnson for President in an environment where even I could do a far better job of being President than Trump. But that's about it. I've spent my whole life looking and waiting for Godot in this increasingly third world shithole that used to be America and there's no percentage in me having any expectations there anymore, at least at the national level. And here in corrupt New York, probably not at the state level either.

You're right, we got exactly what we asked for, collectively. Those who survive the endless primaries to be selected as the national candidate are just about guaranteed to be mediocre at best and there now appears no bottom to how awful they could be.

The roots of this go back to our slave-owning elitist forbears, you are correct. I do not think it's fixable anymore. Whatever light we might have represented in the world is a torch that has all but literally been passed to ... someone, I don't know, Angele Merkel? We ceded whatever moral authority we once had when we elected Trump. There's a lot of blame to go around for that but I'm not accepting much for myself. The evangelicals have a big role in this, I'll say that much to keep this somewhat on point for this particular forum. The Russians played a significant role, that much is pretty much not disputable anymore. The rise of white nationalism around the world factors into it.

The collapse of our body politic and the steady and quite probably irreversible erosion of our civic institutions is very similar to the tipping point we're already well past with climate change ... we can only hope to adapt now. The cat's out of the bag. We might make it less bad, but I don't think we're going to make it All Better.
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17-09-2017, 12:59 PM
RE: Trump Appellate Nominee Says Her Religion Supersedes the Constitution
I browsed through the source paper that (I think) was used to justify the belief that Amy Barrett would broadly put the US constitution behind her religion, but it seemed that the topic of that source paper was about her being opposed to the death penalty on religious grounds.

Does anyone else know of a different source document that the article in the OP might have been referencing?
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