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View Diary: State religion? North Carolina GOP is there (141 comments)

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  •  Indeed Justice (Uncle)Thomas argued exactly that, (5+ / 0-)

    that the 1st A was intended to let State establish State religions.

    Don't try to make sense of it.  It only makes sense in a world where trying to bring a man to account for sexual harrasment instead of giving him a life-time appointment to the highest court is a 'high-tech lynching' according to the same people who had no problem with the real thing.

    •  right, that's his argument (1+ / 0-)
      Recommended by:
      commonmass

      that the 1A was originally a federalism provision and thus isn't incorporated against states.  it's things like this that bother me when people say he's a Scalia clone, because Scalia doesn't often go that far.  I'm not comfortable with the Uncle Thomas designation - at least not when we're not dealing with an issue directly involving race (though in N.C., it's probably rooting around there somewhere).

      Difficult, difficult, lemon difficult.

      by Loge on Wed Apr 03, 2013 at 11:01:51 AM PDT

      [ Parent ]

      •  IMO its all a product of his theocratic view. (0+ / 0-)

        Scalia is a very conservative Catholic (and yes, that means hypocritical too - i.e., sin for thee, not me - or more appro 'sin for all, but my station shows God likes me better and gives me dispensations) and seems to understand the historical necessity of separate spheres for secular and sectarian (tho with the Church really in control behind the scenes, of course) and so does not go the full theocratic/dominanist route that Thomas does.  

    •  What They Always Forget (6+ / 0-)

      The Fourteenth Amendment was intended to reverse any and all such original intentions.

      •  Their 'scholars' are well aware of but choose (0+ / 0-)

        to ignore or lie about it, just as SCOTUS was/did in the Slaughterhouse and subsequent cases.  You will notice that Scalia is all about 'original intent' until he gets to the 14th, where he picks and chooses.

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