Re: God in the Constitution

2005-02-01 Thread RJLipkin
I agree that the Declaration of Independence and the Constitution are differenttypes of documents, with different purposes and functions.And I have argued against reading the Constitution through the lens of theDeclaration without an extraordinary justification for doing so. But I do not

Re: God in the Constitution

2005-02-01 Thread Steven Jamar
Bobby, Thanks for the helpful summing up. The Egyptian Constitution originally noted the Shariah (Islamic law) as a source of law. It was more recently amended (15 or so years ago) to make the Shariah the source of law. I think one plausible reason god is not mentioned is the very varied

Re: God in the Constitution

2005-02-01 Thread RJLipkin
Steve. thanks for your illuminating post. Best, Bobby. Robert Justin LipkinProfessor of LawWidener University School of LawDelaware ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password,

RE: God in the Constitution

2005-01-31 Thread Conkle, Daniel O.
: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Sunday, January 30, 2005 12:10 PM To: Religionlaw@lists.ucla.edu Subject: God in the Constitution Was the omission of any mention of God in the Constitution an issue discussed during the ratification debates

RE: God in the Constitution

2005-01-31 Thread Friedman, Howard M.
It seems to me that the absence of a specific reference to God in the Constitution has more to do with the nature of the document than the nature of the founding generation. In the Declaration of Independence, a product of the same founding generation,reference to God was central

Re: God in the Constitution

2005-01-31 Thread Paul Finkelman
However, references to God in the Dec. of I were mostly diestic rather than to the Christian God or God of the Bible. It was to nature's God and the creator. Friedman, Howard M. wrote: It seems to me that the absence of a specific reference to God in the Constitution has more to do

RE: God in the Constitution

2005-01-31 Thread Volokh, Eugene
Academics Subject: Re: God in the Constitution However, references to God in the Dec. of I were mostly diestic rather than to the Christian God or God of the Bible. It was to nature's God and the creator. ___ To post, send message

God in the Constitution

2005-01-30 Thread RJLipkin
Was the omission of any mention of God in the Constitution an issue discussed during the ratification debates? Is there literature discussing whether this omission was used as an argument against ratifying the Constitution? Thanks. Bobby Robert Justin LipkinProfessor of LawWidener

Re: God in the Constitution

2005-01-30 Thread Mark Graber
Krammick and Moore, THE GODLESS CONSTITUTION [EMAIL PROTECTED] 01/30/05 12:09 PM Was the omission of any mention of God in the Constitution an issue discussed during the ratification debates? Is there literature discussing whether this omission was used as an argument against ratifying

Re: God in the Constitution

2005-01-30 Thread Ed Brayton
[EMAIL PROTECTED] wrote: Was the omission of any mention of God in the Constitution an issue discussed during the ratification debates? Is there literature discussing whether this omission was used as an argument against ratifying the Constitution? Thanks. Yes and yes

Re: God in the Constitution

2005-01-30 Thread Paul Finkelman
-3706 (office) 918-631-2194 (fax) [EMAIL PROTECTED] [EMAIL PROTECTED] 01/30/05 12:09 PM Was the omission of any mention of God in the Constitution an issue discussed during the ratification debates? Is there literature discussing whether this omission was used as an argument against

Re: God in the Constitution

2005-01-30 Thread RJLipkin
In a message dated 1/30/2005 12:39:18 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Some New England antifederalists complained that the Constitution did not establish religion. Although perhaps difficult to draw, in every case, I think there's a distinction between

Re: God in the Constitution

2005-01-30 Thread Paul Finkelman
New Englanders who complained about this wanted, at a minumum, a religious test for officeholding. See Morton Borden, JEWS, TURKS AND INFIDELS. [EMAIL PROTECTED] wrote: In a message dated 1/30/2005 12:39:18 PM Eastern Standard Time, [EMAIL PROTECTED] writes:

Re: God in the Constitution

2005-01-30 Thread Kurt Lash
likely explanation is federalism. Any recognition of God in the federal Constitution could be read to imply a certain degree of federal responsibility over a matters religious. Everyone agreed that the federal government was to have no power to regulate religion, so, following the Madisonian

Re: God in the Constitution

2005-01-30 Thread David W. New
there is no question that the framers of the U.S. Constitution acknowledged God. I cite George Washington's very first proclamation as President of the United States on October 3, 1789. As you know, George Washington was President of the constitutional convention. Here is the opening sentence

Re: God in the Constitution

2005-01-30 Thread RJLipkin
In a message dated 1/30/2005 1:44:54 PM Eastern Standard Time, [EMAIL PROTECTED] writes: think the most likely explanation is federalism. Any recognition of God in the federal Constitution could be read to imply a certain degree of federal responsibility over a matters religious

Re: God in the Constitution

2005-01-30 Thread Paul Finkelman
udying these issues who would dispute his simplistic notions of what the framers "acknowledged." Moreover, what they meant by "God" might be quite different from what we mean today. I am also uncertain what in fact he means witht the sentence: "I think there is no question

Re: God in the Constitution

2005-01-30 Thread RJLipkin
In a message dated 1/30/2005 1:55:29 PM Eastern Standard Time, [EMAIL PROTECTED] writes: For example, most historians agree that New Hampshire had anestablished religion until 1817. However, the first state Constitution ofNew Hampshire did not use the word "God" at all nor did it

Re: God in the Constitution

2005-01-30 Thread RJLipkin
ional duty and therefore urged the Constitution to recognize God in some way or other, and(2) Washington thought acknowledging God was a national duty but did not urgethis be recognized in the Constitution. What explains why Washington did (2) and not (1)? Something must explain aboutWashington and

Re: God in the Constitution

2005-01-30 Thread RJLipkin
In a message dated 1/30/2005 3:13:18 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Yes, the term God is not in the Constitution, but its impossible to understand the justification of the principles that are behind the text without understanding the worldview from which they

Re: God in the Constitution

2005-01-30 Thread RJLipkin
? I certainly don't know the answer to this question. But why should a desire to keep matters of religion under local control trump acknowledging the connection between the Constitution and God? Some might argue that the valueof localism should notoutweigh the importance of acknowledging

Re: God in the Constitution

2005-01-30 Thread RJLipkin
In a message dated 1/30/2005 5:21:13 PM Eastern Standard Time, [EMAIL PROTECTED] writes: It seems to me that the inclusion or failure to include language acknowledging G-d in the U.S. Constitution has little to do with the level of religiousity in America at the time and a lot to do

RE: God in the Constitution

2005-01-30 Thread Scarberry, Mark
. Mark S. Scarberry -Original Message- From: [EMAIL PROTECTED] To: [EMAIL PROTECTED] Cc: Religionlaw@lists.ucla.edu Sent: 1/30/2005 2:50 PM Subject: Re: God in the Constitution In a message dated 1/30/2005 5:21:13 PM Eastern Standard Time, [EMAIL PROTECTED] writes: It seems to me

Re: God in the Constitution

2005-01-30 Thread Ed Darrell
There is a key difference between penumbral rights and structures the Constitution protects without direct mention, and an official recognition of God. The Constitution has provisions that directly protect rights of privacy, for example, even though the right itself is not named. There is little

Re: God in the Constitution

2005-01-30 Thread Paul Finkelman
: There is a key difference between penumbral rights and structures the Constitution protects without direct mention, and an official recognition of God. The Constitution has provisions that directly protect rights of privacy, for example, even though the right itself is not named