RE: George Washington adding under God to the Presidential oath

2005-07-22 Thread Newsom Michael









The answer to your first
question is perfectly obvious.



-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] 
Sent: Wednesday, July 20, 2005
12:50 PM
To: religionlaw@lists.ucla.edu
Subject: Re: George Washington
adding under God to the Presidential oath







In a
message dated 7/20/2005 11:35:01 A.M. Eastern Daylight Time,
[EMAIL PROTECTED] writes:





It would help if you
would respect the norms.







Please.
An end to this nonsense. 











I will
call the Democrat Party the Democrat Party. Some of you may dislike
it. You, in turn, will call me juvenile. Which is the pig rolling
in the proverbial mud and which is becoming soiled? 











Some of
you will call the liberty interest in sucking the brains out of a half born
baby a liberty interest of constitutional dimensions, and I will
dislike it (as would those who crafted the document you claim spawns such
aberrant liberties). 











As
Chief Joseph of the Nez Perce said, Hear me, my chiefs. I am
tired. My heart is sick and sad. From where the sun now stands, I will fight no
more forever.  Feel free to carry on
the grammarians' crusade without me.











Jim
Henderson





Senior
Counsel





ACLJ








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Re: George Washington adding under God to the Presidential oath

2005-07-22 Thread Gene Garman




Sorry, but because I just recently began following this line of discussion
would someone kindly inform me as to the meaning of the subject line which
has "George Washington adding 'under God' to the Presidential oath." Or,
is it merely a bit of humor? And, I hope my grammar is okay. Thanks. 

Gene Garman, M.Div.
America's Real Religion
www.americasrealreligion.org

Newsom Michael wrote:
 
   
  
   
  
  
  

  The answer to
your first question is perfectly obvious.
  
  
  
  -Original
Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
  
 Sent: Wednesday, July 20,
2005 12:50 PM
 To: religionlaw@lists.ucla.edu
 Subject: Re: George Washington 
adding "under God" to the Presidential oath
  
  
  


  In a message
dated 7/20/2005 11:35:01 A.M. Eastern Daylight Time, [EMAIL PROTECTED]
writes:
  
  
   
 
It would help
if you would respect the norms.
  
  
  

  Please. An end
to this nonsense. 
  
  

  
  
  

  I will call the
Democrat Party the Democrat Party. Some of you may dislike it. You, in
turn, will call me juvenile. Which is the pig rolling in the proverbial
mud and which is becoming soiled? 
  
  

  
  
  

  Some of you will
call the liberty interest in sucking the brains out of a half born baby "a
liberty interest of constitutional dimensions," and I will dislike it (as
would those who crafted the document you claim spawns such aberrant liberties).
  
  
  

  
  
  

  As Chief Joseph
of the Nez Perce said, "Hear me, my chiefs. I am tired. My heart is sick
and sad. From where the sun now stands, I will fight no more forever.
" Feel free to carry on the grammarians' crusade without me.
  
  

  
  
  

  Jim Henderson
  
  

  Senior Counsel
  
  

  ACLJ
  
  
  
  

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Re: George Washington adding under God to the Presidential oath

2005-07-20 Thread RJLipkin



Does grammar have a role to 
play in the controversy between Marty and Jim? If so, it seems Marty wins. 
"Democratic" is, of course, an adjective; "Democrat" is a noun. If not, why 
not?

Bobby

Robert Justin 
LipkinProfessor of LawWidener University School of 
LawDelaware
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Re: George Washington adding under God to the Presidential oath

2005-07-20 Thread JMHACLJ



How about capitalization? How about punctuation?

I will call the Democrat Party the Democrat Party. Truth is, I only 
pretend to be saluting McCarthy, whose information turned out to be impeccable 
even if his personality and ethic did not. My pretense was offered 
because, in pointing out the McCarthy connectionMarty, deliberately or 
not,stains with the broad brush of "McCarthyism" folks whose use of the 
label had nothing to do either with a devotion to the truth that took the 
dismantling of the USSR to confirm or withthe politics of personal 
destruction that the Senator employed.

Jim "And is Widgets in the Dictionary?" Henderson
Senior Counsel
ACLJ


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RE: George Washington adding under God to the Presidential oath

2005-07-20 Thread Douglas Laycock
I never associated Democrat Party with McCarthy, although I'm not all that 
surprised to learn that he originated it.  I always associated it with middle 
school.  It is intended to be somehow insulting without really having any 
discernable meaning and without being very clever.  It is a middle school level 
insult, and the whole governing party seems addicted to it.
 
Douglas Laycock
University of Texas Law School
727 E. Dean Keeton St.
Austin, TX  78705
512-232-1341
512-471-6988 (fax)



From: [EMAIL PROTECTED] on behalf of [EMAIL PROTECTED]
Sent: Wed 7/20/2005 8:14 AM
To: religionlaw@lists.ucla.edu
Subject: Re: George Washington adding under God to the Presidential oath


How about capitalization?  How about punctuation?
 
I will call the Democrat Party the Democrat Party.  Truth is, I only pretend to 
be saluting McCarthy, whose information turned out to be impeccable even if his 
personality and ethic did not.  My pretense was offered because, in pointing 
out the McCarthy connection Marty, deliberately or not, stains with the broad 
brush of McCarthyism folks whose use of the label had nothing to do either 
with a devotion to the truth that took the dismantling of the USSR to confirm 
or with the politics of personal destruction that the Senator employed.
 
Jim And is Widgets in the Dictionary? Henderson
Senior Counsel
ACLJ
 
 
winmail.dat___
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RE: George Washington adding under God to the Presidential oath

2005-07-20 Thread Friedman, Howard M.








So help me God seems to have been used in at least some of
the state constitutional oaths in the late 18th century. Here is an excerpt
from the 1776 South Carolina Constitution (available at http://federalistpatriot.us/histdocs/constitution_of_south_carolina.asp)



XXXIII. That all persons who shall be chosen and
appointed to any office or to any place of trust, before entering upon the
execution of office, shall take the following oath:  I, A. B., do swear
that I will, to the utmost of my power, support, maintain, and defend the
constitution of South Carolina, as established by Congress on the twenty-sixth
day of March, one thousand seven hundred and seventy-six, until an accommodation
of the differences between Great Britain and America shall take place, or I
shall be released from this oath by the legislative authority of the said
colony: So help me God. find all such persons shall also take an oath of
office. 



*

Howard M. Friedman 

Disting. Univ. Professor Emeritus

University of Toledo
 College of Law

Toledo,
 OH 43606-3390


Phone: (419) 530-2911, FAX (419) 530-4732 

E-mail: [EMAIL PROTECTED] 

* 



-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED]
Sent: Tuesday, July 19, 2005 1:55 PM
To: Law  Religion issues for Law Academics
Subject: Re: George Washington adding under God to the Presidential
oath



It comes from the concept of Shuva! Or a Jewish oath. Remember the
framers originally wanted to make Hebrew the first language (attributed to Ben
Franklyn-as reported at Harvard) In fact that is why Hebrew was a required
language in most of the Ivy League Colleges for so many years! The original
framers wanted to get away from the English at all cost. The Jewish
requirement for an oath is very strict. This is why a religious Jew only
affirms an oath, rather than swear it, because it is a serious matter , to
invoke G-ds name and his wrath! Frank Hirsch



- Original Message -

From: Jean Dudley [EMAIL PROTECTED]

Date: Tuesday, July 19, 2005 1:21 pm

Subject: Re: George Washington adding under God to the
Presidential oath



 Volokh, Eugene
wrote:

 

  I've heard various people mention that George Washington
added

 so help me God to the constitutionally prescribed,
which is I do

 solemnly swear (or affirm) that I will faithfully execute the 

 Office of

 President of the United States, and will to the best
of my Ability,

 preserve, protect and defend the Constitution of the United States.

 Some use it as evidence for the propriety of religious
references in

 government affairs; others stress that so help me God
isn't 

 actually a

 part of the official oath, and the frequent inclusion of
so help me

 God is the Presidents' own detour and frolic.

 

  Here's my question: In the late 1700s, did people who said

 oaths (as opposed to affirmations) routinely include so
help me 

 God or

 some such, simply because that was seen as a natural part of 

 oaths? If

 so, then it might be that the Framers naturally expected that 

 those who

 see an oath as a religiously significant matter would include
so 

 helpme God.

 

  Eugene

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 viewed as private. Anyone can subscribe to the list and read 

 messages that are posted; people can read the Web archives; and 

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 Speaking solely as someone who's studied (albeit informally) 

 Elizabethan 

 dialect, I can say that oaths invoking the name of G-d (for our 

 Jewish 

 friends) were extremely common, as well as the name of Mary and 

 various 

 saints. So common, in fact, that the so-called
Pilgrims were 

 often 

 offended as they say it as taking the name of the Lord in vain. 

 

 Swearing on the blood of Christ gave us the common English oath 

 bloody. 

 

 Read Shakespeare. Marry was a variation on Mary.
This was 

 before the 

 standardization of spelling. 

 

 While I am no expert, it makes sense that oaths given for public 

 office 

 were viewed as having religious significance by individuals. 

 Hence the 

 addition of So help me God. 

 

 I'd lean toward the explaination that such oaths were individual 

 peccadillos, and not something required by the office. 

 

 Jean Dudley

 Somewhere in the wilds of Yosemite Valley

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Re: George Washington adding under God to the Presidential oath

2005-07-20 Thread RJLipkin





In a message dated 7/20/2005 9:15:43 AM Eastern Standard Time, 
[EMAIL PROTECTED] writes:

  How about capitalization? How about punctuation?
  
  I will call the Democrat Party the Democrat 
  Party.
You can, of course, 
call the Democratic Party anything you wish. However, the 
explanation/justification, to use this non-standard grammar, should be 
forthcoming. 

Bobby

Robert Justin 
LipkinProfessor of LawWidener University School of 
LawDelaware
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RE: George Washington adding under God to the Presidential oath

2005-07-20 Thread Newsom Michael









At least you concede that
you were taunting. And I thought that that was inappropriate comment on this
listserv. It would help if you would respect the norms.



-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] 
Sent: Wednesday, July 20, 2005
10:29 AM
To: religionlaw@lists.ucla.edu
Subject: Re: George Washington
adding under God to the Presidential oath







In a
message dated 7/20/2005 10:22:07 A.M. Eastern Standard Time,
[EMAIL PROTECTED] writes:





I never
associated Democrat Party with McCarthy, although I'm not all that surprised to
learn that he originated it. I always associated it with middle school.
It is intended to be somehow insulting without really having any discernable
meaning and without being very clever. It is a middle school level
insult, and the whole governing party seems addicted to it.







It is
really more like sophomoric than middle school. Middle school taunts
include (from experience with middle school children up to today) are heavy on
claiming that the others' taunts are immature.








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Re: George Washington adding under God to the Presidential oath

2005-07-20 Thread JMHACLJ




In a message dated 7/20/2005 11:35:01 A.M. Eastern Daylight Time, 
[EMAIL PROTECTED] writes:
It would help if you would 
  respect the norms.

Please. An end to this nonsense. 

I will call the Democrat Party the Democrat Party. Some of you may 
dislike it. You, in turn, will call me juvenile. Which is the pig 
rolling in the proverbial mud and which is becoming soiled? 

Some of you will call the liberty interest in sucking the brains out of a 
half born baby "a liberty interest of constitutional dimensions," and I will 
dislike it (as would those who crafted the document you claim spawns such 
aberrant liberties). 

As Chief Joseph of the Nez Perce said, "Hear me, my chiefs. I am 
tired. My heart is sick and sad. From where the sun now stands, 
I will fight no more forever. " Feel free 
to carry on the grammarians' crusade without me.

Jim Henderson
Senior Counsel
ACLJ
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Re: George Washington adding under God to the Presidential oath

2005-07-20 Thread Rick Duncan
I don't understand what all this food-fighting is about. I am a proud member of the Republic Party and I am not offended when others call it the Republic Party!

Cheers and Blessings to Democrat and Republic listmembers alike, Rick Duncan
[EMAIL PROTECTED] wrote:



In a message dated 7/20/2005 11:35:01 A.M. Eastern Daylight Time, [EMAIL PROTECTED] writes:
It would help if you would respect the norms.

Please. An end to this nonsense. 

I will call the Democrat Party the Democrat Party. Some of you may dislike it. You, in turn, will call me juvenile. Which is the pig rolling in the proverbial mud and which is becoming soiled? 

Some of you will call the liberty interest in sucking the brains out of a half born baby "a liberty interest of constitutional dimensions," and I will dislike it (as would those who crafted the document you claim spawns such aberrant liberties). 

As Chief Joseph of the Nez Perce said, "Hear me, my chiefs. I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. " Feel free to carry on the grammarians' crusade without me.

Jim Henderson
Senior Counsel
ACLJ___To post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlawPlease note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered."  --The Prisoner__Do You Yahoo!?Tired of spam?  Yahoo! Mail h!
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Re: George Washington adding under God to the Presidential oath

2005-07-20 Thread Samuel V
And to the Libertars and Socials as well.

On 7/20/05, Rick Duncan [EMAIL PROTECTED] wrote:
 I don't understand what all this food-fighting is about. I am a proud member
 of the Republic Party and I am not offended when others call it the Republic
 Party!
  
 Cheers and Blessings to Democrat and Republic listmembers alike, Rick Duncan

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Re: George Washington adding under God to the Presidential oath

2005-07-20 Thread Jean Dudley




[EMAIL PROTECTED]
wrote:

  I will call the Democrat Party the Democrat Party. Some of you
may dislike it. 
  
If I had my voter registration card with me here, I could see just what
it says I am. Since I don't, I'll have to go on memory alone. I'm
pretty sure I'm a registered member of the Democrat*ic*
Party. That would make me a Democrat, (an individual member of the
Democratic Party) wouldn't it? 

Obviously you aren't talking about my political affiliation, and so no
skin off my nose if
you wish to refer to a non-existant party. Knock yourself out, J. 

Jean Dudley
Somewhere in the wilds of Yosemite.



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Re: George Washington adding under God to the Presidential oath

2005-07-20 Thread Jean Dudley

What about the Pale Mint folk?

Samuel V wrote:


And to the Libertars and Socials as well.

On 7/20/05, Rick Duncan [EMAIL PROTECTED] wrote:
 


I don't understand what all this food-fighting is about. I am a proud member
of the Republic Party and I am not offended when others call it the Republic
Party!

Cheers and Blessings to Democrat and Republic listmembers alike, Rick Duncan
   



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RE: George Washington adding under God to the Presidential oath

2005-07-20 Thread Scarberry, Mark
On the other hand, I don't suppose President Zachary Taylor would have
described his party as the Whiggish Party. Thus the name of a party need not
be an adjective.

And note that for Republicans, Socialists, Libertarians, etc. the same word
describes the party and a member of it (e.g., a member of the Republican
Party is a Republican). Thus the Democratic Party seems to want special
treatment, claiming the right to have its members known as Democrats rather
than Democratics. :-)

Mark Scarberry
Pepperdine

-Original Message-
From: Samuel V
To: Law  Religion issues for Law Academics
Sent: 7/20/2005 12:10 PM
Subject: Re: George Washington adding under God to the Presidential oath

And to the Libertars and Socials as well.

On 7/20/05, Rick Duncan [EMAIL PROTECTED] wrote:
 I don't understand what all this food-fighting is about. I am a proud
member
 of the Republic Party and I am not offended when others call it the
Republic
 Party!
  
 Cheers and Blessings to Democrat and Republic listmembers alike, Rick
Duncan

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Re: George Washington adding under God to the Presidential oath

2005-07-20 Thread Jean Dudley




Scarberry, Mark wrote:

  Thus the Democratic Party seems to want special
treatment, claiming the right to have its members known as Democrats rather
than Democratics. :-)

That's 'cause we're special*. *Noddle*

Jean
*For an unspecified value of "special"


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Re: George Washington adding under God to the Presidential oath

2005-07-20 Thread Ed Darrell
Arthur V. Watkins, a Republican, was an honorable man. Consequently, the censure of Joseph McCarthy was not done in error. Had his information been "impeccable," he would not have been censured. 

The Party of Joseph McCarthy may, if it chooses, call the Democratic Party "the Democrat Party" in error. It shows pique and little regard for history and fair discussion. Arthur V. Watkins and others of honor will, in this author's view, remain a Republican.

It's not the "Republic Pary," either.

Smiling all the time,

Ed Darrell
Dallas, by way of Columbia Falls, Montana[EMAIL PROTECTED] wrote:


Okay, Sandy, you got me.

His information, on the grand scale, was impeccable. We were infiltrated, and the process was deliberate, targeted, and ongoing. Whether he played lawyer's tricks with rosaries tucked into hankies, or Ross Perot tricks with empty boxes allegedly full of documents, the large truth is that he correctly called attention to a clear and present danger, one that was pooh-poohed by many for years after his exit from the stage, but which history has proved to have been real.

Jim Henderson
Senior Counsel
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Re: George Washington adding under God to the Presidential oath

2005-07-19 Thread Jean Dudley

Volokh, Eugene wrote:


I've heard various people mention that George Washington added
so help me God to the constitutionally prescribed, which is I do
solemnly swear (or affirm) that I will faithfully execute the Office of
President of the United States, and will to the best of my Ability,
preserve, protect and defend the Constitution of the United States.
Some use it as evidence for the propriety of religious references in
government affairs; others stress that so help me God isn't actually a
part of the official oath, and the frequent inclusion of so help me
God is the Presidents' own detour and frolic.

Here's my question:  In the late 1700s, did people who said
oaths (as opposed to affirmations) routinely include so help me God or
some such, simply because that was seen as a natural part of oaths?  If
so, then it might be that the Framers naturally expected that those who
see an oath as a religiously significant matter would include so help
me God.

Eugene
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Speaking solely as someone who's studied (albeit informally) Elizabethan 
dialect, I can say that oaths invoking the name of G-d (for our Jewish 
friends) were extremely common, as well as the name of Mary and various 
saints.  So common, in fact, that the so-called Pilgrims were often 
offended as they say it as taking the name of the Lord in vain. 

Swearing on the blood of Christ gave us the common English oath bloody. 

Read Shakespeare.  Marry was a variation on Mary.  This was before the 
standardization of spelling. 

While I am no expert, it makes sense that oaths given for public office 
were viewed as having religious significance by individuals.  Hence the 
addition of So help me God. 

I'd lean toward the explaination that such oaths were individual 
peccadillos, and not something required by the office. 


Jean Dudley
Somewhere in the wilds of Yosemite Valley
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Re: George Washington adding under God to the Presidential oath

2005-07-19 Thread franklyspeaking
It comes from the concept of Shuva!  Or a Jewish oath.  Remember the framers 
originally wanted to make Hebrew the first language (attributed to Ben 
Franklyn-as reported at Harvard) In fact that is why Hebrew was a required 
language in most of the Ivy League Colleges for so many years! The original 
framers wanted to get away from the English at all cost.  The Jewish 
requirement for an oath is very strict.  This is why a religious Jew only 
affirms an oath, rather than swear it, because it is a serious matter , to 
invoke G-ds name and his wrath!  Frank Hirsch

- Original Message -
From: Jean Dudley [EMAIL PROTECTED]
Date: Tuesday, July 19, 2005 1:21 pm
Subject: Re: George Washington adding under God to the Presidential oath

 Volokh, Eugene wrote:
 
  I've heard various people mention that George Washington added
 so help me God to the constitutionally prescribed, which is I do
 solemnly swear (or affirm) that I will faithfully execute the 
 Office of
 President of the United States, and will to the best of my Ability,
 preserve, protect and defend the Constitution of the United States.
 Some use it as evidence for the propriety of religious references in
 government affairs; others stress that so help me God isn't 
 actually a
 part of the official oath, and the frequent inclusion of so help me
 God is the Presidents' own detour and frolic.
 
  Here's my question:  In the late 1700s, did people who said
 oaths (as opposed to affirmations) routinely include so help me 
 God or
 some such, simply because that was seen as a natural part of 
 oaths?  If
 so, then it might be that the Framers naturally expected that 
 those who
 see an oath as a religiously significant matter would include so 
 helpme God.
 
  Eugene
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 Speaking solely as someone who's studied (albeit informally) 
 Elizabethan 
 dialect, I can say that oaths invoking the name of G-d (for our 
 Jewish 
 friends) were extremely common, as well as the name of Mary and 
 various 
 saints.  So common, in fact, that the so-called Pilgrims were 
 often 
 offended as they say it as taking the name of the Lord in vain. 
 
 Swearing on the blood of Christ gave us the common English oath 
 bloody. 
 
 Read Shakespeare.  Marry was a variation on Mary.  This was 
 before the 
 standardization of spelling. 
 
 While I am no expert, it makes sense that oaths given for public 
 office 
 were viewed as having religious significance by individuals.  
 Hence the 
 addition of So help me God. 
 
 I'd lean toward the explaination that such oaths were individual 
 peccadillos, and not something required by the office. 
 
 Jean Dudley
 Somewhere in the wilds of Yosemite Valley
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Re: George Washington adding under God to the Presidential oath

2005-07-19 Thread JMHACLJ



I am slow coming to this thread. I did some research on oaths in 
connection with the mysterious disappearance of "so help me God" in testimonial 
oaths administered during the Democrat interregnum on the Senate Judiciary 
Committee, after Jim Jeffords left the Republican Caucus. With Pat Leahy 
at the helm, I observed that witnesses were not being asked to give an oath 
which invoked Divine assistance (the "so help me God" oath).

Was this a deliberate omission? Was this an excited, inexperienced 
Senator's accidental omission? Did it mean anything? These were the 
questions I was pursuing.

In a humorous vein, the Law Committee of the Parliament of Victoria, in 
Australia, prepared a report on oaths and multicultural society, included an 
anecdote about a clerk asking a magistrate if it would be a problem that 
testimonial oaths for two previous weeks of court were administered on the 
Shorter Oxford Dictionary, the courtroom Bible having disappeared.

In the process of my research, I did find older materials that run 
alongside the answerto your question.

Thomas Aquinas wrote on the invocation of Divine assistance in swearing an 
oath, among other things concluding that to do so was permissible, was subject 
to becoming habitual and the source of abuse, and was, in its essence, a 
religious act. (Question 89 in Aquinas' Treatise on Prudence and 
Justice). Aquinas' discussion is important because it lays out an early 
available theological justification for the employment of religious oaths in 
juridical proceedings.

John Locke, in his Letter on Toleration, adverts to the subject but does 
not take the matter on directly. In the letter he explains why it is that 
atheists cannot be relied upon in establishing truth or determining sincere 
commitments to duty: 

"Lastly, those are not at all to be tolerated who deny the being 
of a God. Promises, covenants, and oaths, which are the bonds of human 
society, can have no hold upon an atheist. The taking away of God, though but 
even in thought, dissolves all; besides also, those that by their atheism 
undermine and destroy all religion, can have no pretence of religion whereupon 
to challenge the privilege of a toleration. As for other practical opinions, 
though not absolutely free from all error, yet if they do not tend to establish 
domination over others, or civil impunity to the church in which they are 
taught, there can be no reason why they should not be tolerated." 

Blackstone explained the practice (apparently well-established) of judicial 
oaths invoking Divinity: 

"The belief of a future state of rewards and punishments, the entertaining 
just ideas of the main attributes of the Supreme Being, and a firm persuasion 
that He superintends and will finally compensate every action in human life (all 
which are revealed in the doctrines of our Savior, Christ), these are the grand 
foundations of all judicial oaths, which call God to witness the truth of those 
facts which perhaps may be only known to Him and the party attesting; all moral 
evidences, therefore, all confidence in human veracity, must be weakened by 
apostasy, and overthrown by total infidelity."

The Fundamental Orders of Connecticut include the text of an oath to be 
taken by magistrates that concludes with an invocation of divine aid: "and 
that I will maintain all the lawful priviledges thereof according to my 
understanding, as also assist in the execution of all such wholesome laws as are 
made or shall be made by lawful authority here established, and will further the 
execution of Justice for the time aforesaid according to the righteous rule of 
God's word; so help me God, in the name of the Lord Jesus Christ."

Other examples also exist (God forbid that I suggest peeking at Rector, 
Holy Trinity Church v. US for sources?).

During Washington's time, immigrants arriving into Pennsylvania from abroad 
undertook an oath of loyalty and fealty to the British Crown and of abjuration 
of the Pope, which in some ways might be likened to an oath of office (the 
office of resident?). That oath, the text of which appears at http://www.docheritage.state.pa.us/documents/oathsfidelitytrans.asp, 
omits any invocation of divine assistance.

Subsequent in time to Washington's oath, Daniel Webster expressed a view 
quite similar to Locke's: 

"In no case is a man allowed to be a witness [in court] that has no belief 
in future rewards and punishments for virtues or vices, nor ought he to 
be. We hold life, liberty and property in this country upon a system of 
oaths; oaths founded on a religious belief of some sort . . . . Our system 
of oaths in all our courts, by which we hold liberty and property, and all our 
rights, is founded on or rests on Christianity and a religious belief."

Jim Henderson
Senior Counsel 
ACLJ
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Re: George Washington adding under God to the Presidential oath

2005-07-19 Thread marty . lederman
Jim:  The proper adjective is Democratic, as in Democratic Party.  (But 
then, you probably already knew that.)  Sorry for the lecture, but this is a 
hobbyhorse of mine:  The lockstep use of Democrat as an adjective is not only 
juvenile, and grating on the ears, it's also quite literally McCarthyist -- in 
the sense that it was a tactic first used by Joseph McCarthy, who wished to 
deny the Democratic Party the positive associations generally associated with 
the word democratic. 


 ___
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 private.  
 Anyone can subscribe to the list and read messages that are posted; people 
 can 
 read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.

---BeginMessage---



I am slow coming to this thread. I did some research on oaths in 
connection with the mysterious disappearance of "so help me God" in testimonial 
oaths administered during the Democrat interregnum on the Senate Judiciary 
Committee, after Jim Jeffords left the Republican Caucus. With Pat Leahy 
at the helm, I observed that witnesses were not being asked to give an oath 
which invoked Divine assistance (the "so help me God" oath).

Was this a deliberate omission? Was this an excited, inexperienced 
Senator's accidental omission? Did it mean anything? These were the 
questions I was pursuing.

In a humorous vein, the Law Committee of the Parliament of Victoria, in 
Australia, prepared a report on oaths and multicultural society, included an 
anecdote about a clerk asking a magistrate if it would be a problem that 
testimonial oaths for two previous weeks of court were administered on the 
Shorter Oxford Dictionary, the courtroom Bible having disappeared.

In the process of my research, I did find older materials that run 
alongside the answerto your question.

Thomas Aquinas wrote on the invocation of Divine assistance in swearing an 
oath, among other things concluding that to do so was permissible, was subject 
to becoming habitual and the source of abuse, and was, in its essence, a 
religious act. (Question 89 in Aquinas' Treatise on Prudence and 
Justice). Aquinas' discussion is important because it lays out an early 
available theological justification for the employment of religious oaths in 
juridical proceedings.

John Locke, in his Letter on Toleration, adverts to the subject but does 
not take the matter on directly. In the letter he explains why it is that 
atheists cannot be relied upon in establishing truth or determining sincere 
commitments to duty: 

"Lastly, those are not at all to be tolerated who deny the being 
of a God. Promises, covenants, and oaths, which are the bonds of human 
society, can have no hold upon an atheist. The taking away of God, though but 
even in thought, dissolves all; besides also, those that by their atheism 
undermine and destroy all religion, can have no pretence of religion whereupon 
to challenge the privilege of a toleration. As for other practical opinions, 
though not absolutely free from all error, yet if they do not tend to establish 
domination over others, or civil impunity to the church in which they are 
taught, there can be no reason why they should not be tolerated." 

Blackstone explained the practice (apparently well-established) of judicial 
oaths invoking Divinity: 

"The belief of a future state of rewards and punishments, the entertaining 
just ideas of the main attributes of the Supreme Being, and a firm persuasion 
that He superintends and will finally compensate every action in human life (all 
which are revealed in the doctrines of our Savior, Christ), these are the grand 
foundations of all judicial oaths, which call God to witness the truth of those 
facts which perhaps may be only known to Him and the party attesting; all moral 
evidences, therefore, all confidence in human veracity, must be weakened by 
apostasy, and overthrown by total infidelity."

The Fundamental Orders of Connecticut include the text of an oath to be 
taken by magistrates that concludes with an invocation of divine aid: "and 
that I will maintain all the lawful priviledges thereof according to my 
understanding, as also assist in the execution of all such wholesome laws as are 
made or shall be made by lawful authority here established, and will further the 
execution of Justice for the time aforesaid according to the righteous rule of 
God's word; so help me God, in the name of the Lord Jesus Christ."

Other examples also exist (God forbid that I suggest peeking at Rector, 
Holy Trinity Church v. US for sources?).

During Washington's time, immigrants arriving into Pennsylvania from abroad 
undertook an oath of loyalty and fealty to the British Crown and of abjuration 
of 

Re: George Washington adding under God to the Presidential oath

2005-07-19 Thread franklyspeaking
Read the original charter at Harvard.  Closely!  It is a dead give a way!



I am slow coming to this thread. I did some research on oaths in 
connection with the mysterious disappearance of "so help me God" in testimonial 
oaths administered during the Democrat interregnum on the Senate Judiciary 
Committee, after Jim Jeffords left the Republican Caucus. With Pat Leahy 
at the helm, I observed that witnesses were not being asked to give an oath 
which invoked Divine assistance (the "so help me God" oath).

Was this a deliberate omission? Was this an excited, inexperienced 
Senator's accidental omission? Did it mean anything? These were the 
questions I was pursuing.

In a humorous vein, the Law Committee of the Parliament of Victoria, in 
Australia, prepared a report on oaths and multicultural society, included an 
anecdote about a clerk asking a magistrate if it would be a problem that 
testimonial oaths for two previous weeks of court were administered on the 
Shorter Oxford Dictionary, the courtroom Bible having disappeared.

In the process of my research, I did find older materials that run 
alongside the answerto your question.

Thomas Aquinas wrote on the invocation of Divine assistance in swearing an 
oath, among other things concluding that to do so was permissible, was subject 
to becoming habitual and the source of abuse, and was, in its essence, a 
religious act. (Question 89 in Aquinas' Treatise on Prudence and 
Justice). Aquinas' discussion is important because it lays out an early 
available theological justification for the employment of religious oaths in 
juridical proceedings.

John Locke, in his Letter on Toleration, adverts to the subject but does 
not take the matter on directly. In the letter he explains why it is that 
atheists cannot be relied upon in establishing truth or determining sincere 
commitments to duty: 

"Lastly, those are not at all to be tolerated who deny the being 
of a God. Promises, covenants, and oaths, which are the bonds of human 
society, can have no hold upon an atheist. The taking away of God, though but 
even in thought, dissolves all; besides also, those that by their atheism 
undermine and destroy all religion, can have no pretence of religion whereupon 
to challenge the privilege of a toleration. As for other practical opinions, 
though not absolutely free from all error, yet if they do not tend to establish 
domination over others, or civil impunity to the church in which they are 
taught, there can be no reason why they should not be tolerated." 

Blackstone explained the practice (apparently well-established) of judicial 
oaths invoking Divinity: 

"The belief of a future state of rewards and punishments, the entertaining 
just ideas of the main attributes of the Supreme Being, and a firm persuasion 
that He superintends and will finally compensate every action in human life (all 
which are revealed in the doctrines of our Savior, Christ), these are the grand 
foundations of all judicial oaths, which call God to witness the truth of those 
facts which perhaps may be only known to Him and the party attesting; all moral 
evidences, therefore, all confidence in human veracity, must be weakened by 
apostasy, and overthrown by total infidelity."

The Fundamental Orders of Connecticut include the text of an oath to be 
taken by magistrates that concludes with an invocation of divine aid: "and 
that I will maintain all the lawful priviledges thereof according to my 
understanding, as also assist in the execution of all such wholesome laws as are 
made or shall be made by lawful authority here established, and will further the 
execution of Justice for the time aforesaid according to the righteous rule of 
God's word; so help me God, in the name of the Lord Jesus Christ."

Other examples also exist (God forbid that I suggest peeking at Rector, 
Holy Trinity Church v. US for sources?).

During Washington's time, immigrants arriving into Pennsylvania from abroad 
undertook an oath of loyalty and fealty to the British Crown and of abjuration 
of the Pope, which in some ways might be likened to an oath of office (the 
office of resident?). That oath, the text of which appears at http://www.docheritage.state.pa.us/documents/oathsfidelitytrans.asp, 
omits any invocation of divine assistance.

Subsequent in time to Washington's oath, Daniel Webster expressed a view 
quite similar to Locke's: 

"In no case is a man allowed to be a witness [in court] that has no belief 
in future rewards and punishments for virtues or vices, nor ought he to 
be. We hold life, liberty and property in this country upon a system of 
oaths; oaths founded on a religious belief of some sort . . . . Our system 
of oaths in all our courts, by which we hold liberty and property, and all our 
rights, is founded on or rests on Christianity and a religious belief."

Jim Henderson
Senior Counsel 
ACLJ
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Re: George Washington adding under God to the Presidential oath

2005-07-19 Thread JMHACLJ




In a message dated 7/19/2005 4:35:13 P.M. Eastern Standard Time, 
[EMAIL PROTECTED] writes:
Jim: The proper adjective is "Democratic," as in "Democratic 
  Party." (But then, you probably already knew that.) Sorry for the 
  lecture, but this is a hobbyhorse of mine: The lockstep use of 
  "Democrat" as an adjective is not only juvenile, and grating on the ears, it's 
  also quite literally McCarthyist -- in the sense that it was a tactic first 
  used by Joseph McCarthy, who wished to deny the Democratic Party the positive 
  associations generally associated with the word 
"democratic."

I wrote Democrat and I meant Democrat. 

And whatever kind of person McCarthy was, personally or politically, the 
confirmations of his fears about communist infiltration borne out in the 
revelations from KGB files justifies this minor tribute that I give to his 
service as a klaxon of dangers ahead.

As to whether it grates, of course it does. Just as so many other 
deliberately chosen appellations are found to grate and deployed in service of 
their cause nonetheless.

Jim Henderson
Senior Counsel
ACLJ
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Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
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