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.
In reading Kramnick and Moore, you might also wish to read Scott C. Idleman, Liberty in the Balance: Religion, Politics, and American Constitutionalism, 71 Notre Dame L. Rev. 991 (1996), which offers some critical commentary on the claims that they advance. Dan Conkle From:

RE: God in the Constitution

2005-01-31 Thread Friedman, Howard M.
: Sunday, January 30, 2005 5:50 PMTo: [EMAIL PROTECTED]Cc: Religionlaw@lists.ucla.eduSubject: Re: God in the Constitution I find this persuasive, but not completely so. There's a wide gap, in my estimation,between the "recognition of the havoc that governmental connec

Re: God in the Constitution

2005-01-31 Thread Paul Finkelman
: God in the Constitution I find this persuasive, but not completely so. There's a wide gap, in my estimation, between the recognition of the havoc that governmental connections to religion might produce and avoiding any mention of the community's connection

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

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 the

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
Some New England antifederalists complained that the Constitution did not establish religion. They of course lost the argument. Paul Finkelman -- Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104-3189

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
Robert Justin Lipkin wrote: Nevertheless, it seems odd (that is, worthy of explanation if not necessary) that the Constitution of a deeply devout population would simply be silent on the issue of God. If so, some explanation seems desirable, if not absolutely necessary. I think the most

Re: God in the Constitution

2005-01-30 Thread David W. New
: Sunday, January 30, 2005 1:44 PM Subject: Re: God in the Constitution Robert Justin Lipkin wrote: Nevertheless, it seems odd (that is, worthy of explanation if not necessary) that the Constitution of a deeply devout population would simply be silent on the issue of God. If so, some

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
the Preamble or in the First Amendment. I like the discussion. David W. New, Esq. Washington, D.C. 202-333-2678. - Original Message ----- From: "Kurt Lash" [EMAIL PROTECTED] To: "Law Religion issues for Law Academics" religionlaw@lists.ucla.edu Sent: Sunday,

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
In a message dated 1/30/2005 1:55:29 PM Eastern Standard Time, [EMAIL PROTECTED] writes: I think there is no question that the framers of the U.S. Constitutionacknowledged God. I cite George Washington's very first proclamation asPresident of the United States on October 3, 1789. As

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
In a message dated 1/30/2005 3:19:42 PM Eastern Standard Time, [EMAIL PROTECTED] writes: It is true that some antifederalists wanted an acknowledgement of God in the Const. But, if the majority of the framers wished to avoid a realistic risk of suggesting implied federal power over

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
amers believed that minimizing the connection between religious law and civil law was integral to American liberty. Francis Beckwith wrote: Re: God in the Constitution It seems to me that being concerned about the absence or presence of the term “God” in the Constitution assumes an overly textualist view

Re: God in the Constitution

2005-01-30 Thread Paul Finkelman
issatisfaction and Scism, than harmony and union. This illustrates how the framers believed that minimizing the connection between religious law and civil law was integral to American liberty. Francis Beckwith wrote: Re: God in the Constitution It seems to me that bei