T.R | Title | User | Personal Name | Date | Lines |
---|
1125.1 | | MKOTS3::JMARTIN | I press on toward the goal | Fri Aug 11 1995 13:07 | 16 |
| Richard:
Ya know...Planned Parenthood is notorious for distributing, in my mind,
obscene literature and pictorials in there moot attempt to try and curb
the spread of AIDS. I mean really pathetic stuff Richard and I've seen
it.
Now here's an organization the is subsidized by the Federal Government.
In other words, we have no choiuce...we have to pay for it Richard.
Then you have Focus on the Family pushing there agenda. It may be
distasteful to you but at least you don't have to subsidize it.
Now I ask you, which situation do you find more disgusting? I choose
A.
-Jack
|
1125.2 | more tax dollars at work | HBAHBA::HAAS | wake & bake | Fri Aug 11 1995 13:58 | 10 |
| Planned Parenthood is subsidized by our tax dollars.
So is Jerry Falwell. So is Pat Robertson. So is every tax exempt
christian activist organization.
So which are you opposed to funding?
My answer is all of the above.
TTom
|
1125.3 | | MKOTS3::JMARTIN | I press on toward the goal | Fri Aug 11 1995 14:09 | 8 |
| When you say subsidized, are you saying they receive stipends from the
federal government like planned parenthood does...or are you merely
pointing out they are tax exempt? In other words, saving money on
taxes doesn't mean the are subsidized. It merely means that the
government does not extort from them what was theirs in the first
place!
-Jack
|
1125.4 | | USAT05::BENSON | Eternal Weltanschauung | Fri Aug 11 1995 14:10 | 6 |
|
It's not quite the same. Not putting money in the govt's hands (as in
charitable contributions) is different than putting money in the govt.
hands and having the govt. hand it out.
jeff
|
1125.5 | maybe the same | HBAHBA::HAAS | wake & bake | Fri Aug 11 1995 14:28 | 14 |
| These are 2 different things that end up with the same result. Namely,
we all pay more taxes without very little say in the matter, both in the
amount we have to pay and where the money goes after we pay.
I don't have any first hand knowledge of Falwell or Robertson in terms of
how they run their businesses. However, having been in the tax exempt
business myself, I continuously applied for and often got direct
government money. I would assume that Jerry and Pat try to get as much as
they can, themselves.
In this case, then, these are not different. Your tax dollars go to these
just like they go to Planned Parenthood.
TTom
|
1125.6 | | USAT05::BENSON | Eternal Weltanschauung | Fri Aug 11 1995 15:10 | 5 |
|
I assure you that Falwell and Robertson don't get a dime from the
Federal govt - you know, the separation of church and state fallacy.
jeff
|
1125.7 | no, but still IMO | HBAHBA::HAAS | wake & bake | Fri Aug 11 1995 15:26 | 21 |
| Sorry Jeff,
But I would be willing to bet the ranch on at least Falwell.
He runs Liberty University and I doubt it very much if he refuses to go
after the federal money that is available to higher education.
I went to several Catholic schools and they reached for every dime they
for which they were eligible.
Federal funds are available to private and parochial schools under a
variety of grants. What's precluded by the first amendment, at least
according to contemporary interpretations, is prior funding.
As the ruling involving UVa and funding a Christian magazine shows, this
line, which has always vague, has become even less clear.
But, like I said, I don't have inside information, just going on what
I've seen at other private/parochial schools.
TTom
|
1125.8 | | USAT05::BENSON | Eternal Weltanschauung | Fri Aug 11 1995 15:38 | 7 |
|
I don't know either about the schools. But its really not fair, imo,
to equate govt money to an accredited school on whose governing body
Falwell sits, for example, to Federal entitlements such as Planned
Parenthood.
jeff
|
1125.9 | | CSC32::J_OPPELT | Wanna see my scar? | Fri Aug 11 1995 17:01 | 3 |
| Yet another FOTF/Dobson bashing topic.
Sigh.
|
1125.10 | | CSC32::J_CHRISTIE | Ps. 85.10 | Sat Aug 12 1995 18:24 | 9 |
| .1 Jack,
I never said Focus on the Family, the Christian Coalition, or any
other organization has no right to take a stand, or even to spend
big money to influence public opinion or the political process.
Shalom,
Richard
|
1125.11 | direct money | HBAHBA::HAAS | x,y,z,time,matter,energy | Mon Aug 14 1995 11:52 | 12 |
| Jeff,
I'm not trying to make the case that these situations are the same. They
aren't.
They're similar in that there is direct federal money, and not just tax
savings. Of course the case can be made that the taxes saved by the
non-profit organizations is added to each of our bills. Obviously, that
includes any non-profit organization and is not limited to religious
groups.
TTom
|
1125.12 | | USAT05::BENSON | Eternal Weltanschauung | Mon Aug 14 1995 12:11 | 7 |
|
>In this case, then, these are not different. Your tax dollars go to these
>just like they go to Planned Parenthood.
If they're not the same, Tom, why make this statement?
jeff
|
1125.13 | money | HBAHBA::HAAS | x,y,z,time,matter,energy | Mon Aug 14 1995 12:52 | 6 |
| > If they're not the same, Tom, why make this statement?
While the organizations are different, they both receive direct money
from the government.
TTom
|
1125.14 | | TINCUP::inwo.cxo.dec.com::Bittrolff | Spoon! | Mon Aug 14 1995 13:09 | 26 |
| Focus is in my neighborhood. They don't pay taxes, yet they use the
infrastructure (roads, sewers, police, etc.). They bring more people into
the district which use the schools. My taxes do go to support their tax
exempt status, and my taxes are higher as a result of their status.
I do subsidize them, it is simply less direct than direct
government funding, and I get equal lack of choice in either
arena. (Actually Focus is simply the largest of dozens of tax exempt
religious organizations in my area).
I'm not against this per se. Actually I would like to see a modification
made to all non-profit tax exempt organizations. I would like to see them
pay for the local burdens they create, through property taxes for example,
while being exempt from other taxes to the extent that they can show direct
charity, i.e. helping of people. I do not believe that organizations should
be tax exempt simply for pushing whatever agenda they may have while being
non-profit.
--------------
.6 BENSON
Federal govt - you know, the separation of church and state fallacy.
And what fallacy is this, pray tell?
Steve
|
1125.15 | | MKOTS3::JMARTIN | I press on toward the goal | Mon Aug 14 1995 13:13 | 9 |
| ZZ And what fallacy is this, pray tell?
The freedom from religion as opposed to the freedom of religion.
The separation issue was to deter government from having state funded
churches...meaning your money goes directly toward the funding of
churches.
-Jack
|
1125.16 | | USAT05::BENSON | Eternal Weltanschauung | Mon Aug 14 1995 13:15 | 11 |
|
The modern fallacy that the U.S. Govt must maintain a wall of
separation from religion. The statement is nowhere in the Constitution
and the context from which it comes has nothing to do with the way it
is commonly used today which is to prevent *Christian* public
expression. There is tons of evidence to counter the fallacy and you
now see the U.S. Supreme Court beginning deliberately to address this
issue and concluding in favor of public support and expression of
religion.
jeff
|
1125.17 | put up or shut up | LGP30::FLEISCHER | without vision the people perish (DTN 297-5780, MRO2-3/E8) | Tue Aug 15 1995 08:33 | 11 |
| re Note 1125.16 by USAT05::BENSON:
If you don't believe in "separation of church and state",
then I assume you must believe in the opposite "joining of
church and state".
In that case, please be specific: what church or churches
would be joined in what state functions in what way? Would
this apply to all religious groups?
Bob
|
1125.18 | | MKOTS3::JMARTIN | I press on toward the goal | Tue Aug 15 1995 10:47 | 16 |
| Speaking for myself, I believe the state should have no law interfering
with church organizations, how they worship, who they hire, how much
they bring in, who they minister to, etc. I believe that schools for
example, should not hinder the use of property for the purposes of
Bible Studies, prayer meetings, etc....to THOSE who wish to
participate. I do not believe the church has the right to
prosthyletize their beliefs on those who do not wish to take part.
This is why a few months ago I suggested that the schools should ooffer
theology classes to students who wish to take them...taught by
voluntary ministers and pastors who really have a burden for children.
Consequently, Glen Silva poo pood the idea as he felt it should be
taught not by ministers but by those who don't have a special interest
in that particular belief. In other words, he wanted to regulate it.
-Jack
|
1125.19 | | USAT05::BENSON | Eternal Weltanschauung | Tue Aug 15 1995 11:14 | 6 |
|
.16 Bob,
I agree with the Constitution's view and that of its Framers.
jeff
|
1125.20 | so inform us! | LGP30::FLEISCHER | without vision the people perish (DTN 297-5780, MRO2-3/E8) | Tue Aug 15 1995 13:01 | 15 |
| re Note 1125.19 by USAT05::BENSON:
> .16 Bob,
>
> I agree with the Constitution's view and that of its Framers.
>
> jeff
Well, then, you must know what that is!
Please describe how church and state should be joined -- if
they shouldn't be joined, then they would be separated (and
all I know is that you *don't* believe in that).
Bob
|
1125.21 | | CSC32::J_OPPELT | Wanna see my scar? | Tue Aug 15 1995 14:50 | 45 |
| <<< Note 1125.14 by TINCUP::inwo.cxo.dec.com::Bittrolff "Spoon!" >>>
>Focus is in my neighborhood. They don't pay taxes, yet they use the
>infrastructure (roads, sewers, police, etc.). They bring more people into
>the district which use the schools. My taxes do go to support their tax
>exempt status, and my taxes are higher as a result of their status.
I disagree with much of this.
Yes, the organization does not pay municipal taxes, but they
*do* pay for some of their municipal usage -- water, sewage for
example. FOTF also payed for some of the infrastructure that YOU
use -- namely the improvements to the road system immediately
adjoining their property. And yes, they have brought in a slew
of new people to town who all use services, but each of them
pays taxes for those services, and the presence of that influx
has broadened the tax and economic base of this town so that your
home is much more valuable today than it was 5 years ago.
And I don't see how you can attribute their presence to your
higher taxes. (Curiously, my taxes haven't risen in the 6 years
I've been paying taxes here, so I can say that their presence
has not caused my taxes to rise -- unless you want to argue that
my taxes would have otherwisw dropped...) In fact, the presence
of FOTF has broadened the tax base, allowing municipal tax
needs to be spread among more people. Not only has there been
an increase in the local economy because of the spending done
by those several thousand new people, but also because of the
secondary economic effects to support their spending (ie, more
gas stations, barbers, pizza shops, florists, etc., were built
to accommodate the spending needs of these new arrivals, and
to a limited degree even more new arrivals were needed to staff
those stores and services.) FOTF was one of many cogs in the
machinery that revitalized this area's economy over the last 5
years.
>I do subsidize them, it is simply less direct than direct
>government funding, and I get equal lack of choice in either
>arena. (Actually Focus is simply the largest of dozens of tax exempt
>religious organizations in my area).
The cumulative effect of these organizations has been to increase
employment and economic growth in the region. You miss the forest
for the trees!
|
1125.22 | | USAT05::BENSON | Eternal Weltanschauung | Tue Aug 15 1995 15:27 | 21 |
| > Well, then, you must know what that is!
> Please describe how church and state should be joined -- if
> they shouldn't be joined, then they would be separated (and
> all I know is that you *don't* believe in that).
> Bob
First off, I disagree that joined and separated are appropriate
ideas for the relationship between religion and govt. It is clear that
the intent of the Framers was that there could not be a "Church of
U.S.A." such as the Church of England where the state controlled
religion and religious expression. However, the govt. should support
and encourage religion (particularly the Christian religion).
This is generally enough direction to guide the relationship, imo.
Canada has an interesting relation to religion, supporting religious
schools and institutions without controlling them.
jeff
|
1125.23 | | TINCUP::inwo.cxo.dec.com::Bittrolff | Spoon! | Tue Aug 15 1995 18:16 | 30 |
| .19, .22 benson
So, Jeff, which of the framers are you personal
friends with, that told you what they meant?
religion and religious expression. However, the govt. should support
and encourage religion (particularly the Christian religion).
I believe it is *exactly* this type of relationship that the framers tried so
hard to prohibit. Which of the framers told you that this is what they meant?
BTW, there is a topic for this, we should probably move over there to continue
this...
-----------------------------------------------------------------------------
.21 Oppelt
Joe, by your reasoning, then, would you advocate that
we shouldn't tax *any* business?
The effect of increasing costs are not necessarily reflected by tax increases.
They could also be reflected in declining services. The schools in D20 (like
everywhere else) have been cutting some services that were formerly available.
As nearly as I can tell, the only road system they paid for is currently
used *only* to allow access to FotF itself. In those situations the developer
normally pays for the installation, it is the upkeep that comes out of the
general fund, which they don't pay into.
I am not saying that there are not secondary benefits, my only point is that I
am subsidizing them to some extent because they do not pay taxes.
|
1125.24 | | USAT05::BENSON | Eternal Weltanschauung | Wed Aug 16 1995 10:05 | 16 |
|
>So, Jeff, which of the framers are you personal
>friends with, that told you what they meant?
Hi Steve,
I don't know why you're asking this question. There is a tremendous
amount of information concerning the Framer's intent, found in their
writings.
Are you suggesting that we cannot know what they intended? If so, on
what basis do you draw this conclusion?
jeff
|
1125.25 | | ravel.amt.tay1.dec.com::SCHULER | Greg, DTN 227-4165 | Wed Aug 16 1995 10:47 | 22 |
| I would suggest that we can develop an understanding of what several
individual Framers intended based on their writings, but that we can
not extrapolate from individual opinions a specific interpretation of
the Constitution.
After all, not all of the Framers agreed. There was intense debate
on numerous issues. Whose writings do you use to decide proper intent?
And what of ratification? Does it matter what the several states
thought they were ratifying? How are we to know? Eight of the
thirteen didn't keep records.
I find the whole notion of "original intent" curious. The only
extensive documentation of the proceedings of the Constitutional
Convention itself were written by James Madison and those weren't even
made public until 1840. One would think that if the Framers *intended*
the Constitution be interpreted in light of their deliberations they
would have recorded everything that went on during those four, hot
months in 1787 and left explicit instructions.
/Greg
|
1125.26 | | TINCUP::inwo.cxo.dec.com::Bittrolff | Spoon! | Wed Aug 16 1995 12:11 | 34 |
| .24 Benson
Jeff,
First, I apologize for the tone of my note yesterday, I had a bad hair
day... :^)
What I meant was that like most similar things, it is open to
interpretation. I have read extensively through the writings of the
influential people in the debates of the day, and have come up with a
different viewpoint than you have. I suspect that we could take the same
document, such as Jefferson's letter to the Danbury Baptists in which the
phrase 'separation of church and state' was coined, and not agree on his
meaning.
As you know, there are also contradictory documents that abound out there.
The debate was heated and long, the actions taken by individuals in the
government of the time varied and contradictory. To be able to say 200
years later that you *know* exactly what they meant struck me as arrogant,
hence the sarcastic tone of the note. Particularly since I have done
extensive research in this area and disagree with your conclusion by about
180 degrees.
---------------------------------------------------------------------------
.25 Schuler
Greg,
Right on. The end document was a delicate comprimise of many different
positions. Unfortunately it too is open to interpretation in several key
areas. It is in those places that we tend to examine the writings of the
participants in an attempt to determine what they were getting at.
Steve
Steve
|
1125.27 | | USAT05::BENSON | Eternal Weltanschauung | Wed Aug 16 1995 12:35 | 13 |
|
Hi Steve,
Thanks for the apology - no problem.
If we cannot know what the intent was we have no chance for
understanding what was written and why. This is an odd way to look at the
world, imo. Interpretation may be slightly different but there's a
problem when conclusions are contradictory. I believe that when all
things are considered its fairly easy to understand the intent of the
words in the Constitution.
jeff
|
1125.28 | | CSC32::J_OPPELT | Wanna see my scar? | Wed Aug 16 1995 15:33 | 49 |
| <<< Note 1125.23 by TINCUP::inwo.cxo.dec.com::Bittrolff "Spoon!" >>>
> Joe, by your reasoning, then, would you advocate that
> we shouldn't tax *any* business?
I don't think that my reasoning suggested that. All I was
doing was questioning your claim that the presence of FOTF
has raised your taxes. And you still haven't shown that
your taxes are higher because of it.
(Curiously, I have argued elsewhere that corporations in general
shouldn't pay INCOME taxes -- different from real estate taxes
-- but that is a rathole for another place and another time!)
>The effect of increasing costs are not necessarily reflected by tax increases.
>They could also be reflected in declining services. The schools in D20 (like
>everywhere else) have been cutting some services that were formerly available.
Again, the tax-exempt presence of FOTF has NOTHING to do with
any declines in D20 services. The D20 problems you describe
are a function of overcrowding, and all of the families that
contribute to that overcrowding pay real estate taxes (or rent,
which pays the landlord's real estate taxes...) Maybe FOTF
brought in those families, but so did MCI and lots of other
companies.
To be fair, FOTF is a DRAWING CARD for economic growth in this
city. The city features them when pitching woo to other companies
to relocate here. Were they such an economic albatross (or any of
the multitude of religious organizations here), I'd doubt that the
city would be featuring them, nor pursuing more of them.
>As nearly as I can tell, the only road system they paid for is currently
>used *only* to allow access to FotF itself.
And the whole widening of the intersection there on 83 (or is it
85, I always get them mixed up...)
>I am not saying that there are not secondary benefits, my only point is that I
>am subsidizing them to some extent because they do not pay taxes.
Likewise the Boy Scouts (they have an office on Uintah) and the
Salvation army and Goodwill outfits throughout town, and any
other non-profit entity around. Why do you single out FOTF?
"To some extent." True, were they paying real estate taxes your
marginal tax rate might be lower. What I'm pointing out is the
benefits you are overlooking, and those benefits far outweigh
your marginal tax rate.
|
1125.29 | | TINCUP::inwo.cxo.dec.com::Bittrolff | Spoon! | Thu Aug 17 1995 17:25 | 65 |
| .28 Oppelt
> Joe, by your reasoning, then, would you advocate that
> we shouldn't tax *any* business?
I don't think that my reasoning suggested that. All I was
doing was questioning your claim that the presence of FOTF
has raised your taxes.
Your reasoning was that FotF contributed to the economy basically by employing
people that contributed, broadening the tax base. The same can be said for
*any* company.
And you still haven't shown that your taxes are higher because of it.
I don't believe that they are, the various tax limitation bills have seen to
that. However, in my neighborhood (Briargate) there are probably dozens of
religious and non-profit organizations. If these organizations use services
(police, fire, roads, etc.) that they do not contribute toward then either the
price goes up or the quality goes down. Again, I'm not necessarily against
this practice, it depends on the organization, but economically this is
undeniable.
to relocate here. Were they such an economic albatross (or any of
the multitude of religious organizations here), I'd doubt that the
city would be featuring them, nor pursuing more of them.
Joe, you're missing my point, see the previous paragraph.
And the whole widening of the intersection there on 83 (or is it
85, I always get them mixed up...)
They paid for that? If so, why? Nobody that visits focus will use that stretch
of road to get there, it is out of the way no matter what direction you come
from... BTW, I always get them mixed up too...
Likewise the Boy Scouts (they have an office on Uintah) and the
Salvation army and Goodwill outfits throughout town, and any
other non-profit entity around. Why do you single out FOTF?
Absolutely. If you look at the thread you'll see that it was talking about
subsidizing (direct vs. indirect) of non-profits, and that the title of the
note is FotF. What I said is true for any non-taxed organization.
"To some extent." True, were they paying real estate taxes your
marginal tax rate might be lower. What I'm pointing out is the
benefits you are overlooking, and those benefits far outweigh
your marginal tax rate.
(Joe, you must be in D11 :^)
Benefits? Oh, you must mean:
any declines in D20 services. The D20 problems you describe
are a function of overcrowding, and all of the families that
contribute to that overcrowding pay real estate taxes (or rent,
which pays the landlord's real estate taxes...) Maybe FOTF
brought in those families, but so did MCI and lots of other
companies.
:^)
Steve
|
1125.30 | | TINCUP::inwo.cxo.dec.com::Bittrolff | Spoon! | Thu Aug 17 1995 17:51 | 15 |
| .22, .27 Benson
problem when conclusions are contradictory. I believe that when all
things are considered its fairly easy to understand the intent of the
words in the Constitution.
-------
religion and religious expression. However, the govt. should support
and encourage religion (particularly the Christian religion).
Jeff,
Where in the Constitution do you see support for the above? That is what I
was primarily reacting to.
Steve
|
1125.31 | "original intent" | LGP30::FLEISCHER | without vision the people perish (DTN 297-5780, MRO2-3/E8) | Sat Aug 19 1995 10:27 | 33 |
| re Note 1125.27 by USAT05::BENSON:
> If we cannot know what the intent was we have no chance for
> understanding what was written and why. This is an odd way to look at the
> world, imo. Interpretation may be slightly different but there's a
> problem when conclusions are contradictory. I believe that when all
> things are considered its fairly easy to understand the intent of the
> words in the Constitution.
It should come as no surprise to me that members of the
religious right would view the Constitution in much the same
way as they view the Bible -- as a kind of holy writ handed
down by divine (or divinely-inspired) authors which must be
understood as the author intended and not as a working
document in the context of time.
However, we have a *much* better understanding of the
Constitution than the framers had -- we have the *experience*
of seeing it work (and, in some cases, fail to work) over 200
years. To me, the importance of original intent *pales* in
comparison to simply looking at how it works -- it is also
the only way in which we can understand the relationship of
the Constitution and issues which just didn't exist 200 years
ago.
(I personally believe that the Bible should be read in much
the same way -- we can tell which parts are more valuable as
guides from nearly 2000 years of experience -- we can also
tell which parts mislead or inspire bad results. On the
other hand, I do think original intent is more important in
the Bible, especially with Jesus' words.)
Bob
|
1125.32 | | BIGQ::SILVA | Diablo | Sun Aug 20 1995 23:25 | 11 |
| | <<< Note 1125.6 by USAT05::BENSON "Eternal Weltanschauung" >>>
| I assure you that Falwell and Robertson don't get a dime from the
| Federal govt - you know, the separation of church and state fallacy.
If they don't have to claim their empires to the tax man, then I think
the government is giving them plenty.
Glen
|
1125.33 | a few interesting quotes | CSOA1::LEECH | Dia do bheatha. | Tue Aug 22 1995 16:05 | 68 |
| re: .23
Here's a few excerpts for your enjoyment...
No free government now exists in the world unless where Christianity is
acknowledged, and is the religion of the country...It's foundations are
broad and strong, and deep...it's the purest system of morality, the
auxiliary, and the only stable support of all human laws...Christianity
is part of the common law.
-Updegraph v. Commonwealth, 1826
"The religion which has introduced civil liberty, is the religion on
Christ and his apostles, which enjoins humility, piety and benevolence;
whicih acknowledges in every person a brother, or a sister, and a
citizen with equal rights. This is genuine Christianity, and to this
we owe our free consitutions of government."
-Noah Webster
From Article III (Northwest Ordinance) : Religion, morality, and knowledge,
being necessary to good government and the happiness of mankind,
schools and the means of education shall forever be encouraged.
From Article VIII, Section 3 of the November 1, 1802 Ohio constitution:
Religion, morality, and knowledge being essentially necessary to good
government and the happiness of mankind, schools and the means of
instruction shall forever be encouraged by legislative provision.
From Article IX, Section 16, of the 1817 Mississippi constituion:
Religion, morality, and knowledge, being necessary to good government,
the preservation of liberty and the happiness of mankind, schools and
the means of education shall be forever ecouraged in this state.
From Article I, SEction 4 of the June 12, 1875 Nebraska consitution:
Religion, morality, and knowledge, however, being essential to good
government, it shall be the duty of the legislature to pass suitable
laws...to encourage schools and the means of instruction.
To put this into perspective a bit, the term "religion" was defined a
bit more specifically than it is defined today. From the Webster's
(original) dictionary, 1828:
RELIGION. Includes a belief in the being and perfections of God, in teh
revelation of his will to man, and in man's obligation to obey his
commands, in a state of reward and punishment, and in man's
accountableness to God; and also true godliness or peity of life, with
the practice of all moral duties...the practice of moral duties without
a belief in a divine lawgiver, and without reference to his will or
commands, is not religion.
"It cannot be emphasized too strongly or too often that this great
nation was founded, not by religionists, but by Christians; not on
religions, but on the gospel of Jesus Christ!"
-Patrick Henry
|
1125.34 | | CSOA1::LEECH | Dia do bheatha. | Tue Aug 22 1995 16:10 | 11 |
| re: .25
The original intent is obvious by the plain language used in the
finished document. It's high time we quit ignoring the obvious and
began to adhere to the common law of the land. A good start would be
to reign in an unconstitutionally large federal government, then we can
go about tossing out unconstitutional law (this would take a good bit
of time to do, unfortunately).
-steve
|
1125.35 | | CSOA1::LEECH | Dia do bheatha. | Tue Aug 22 1995 16:17 | 17 |
| re: .31
No offense intended, but.... BALONEY!
Our current government, as is, shows us only too well that we have NO
CLUE what the intent of the Constitution was. Our ensuing problems,
coupled with the many writings of warning from the FF (warning of the
very problems that come with giving a general government too much
power), show beyond a doubt that they knew very well what they were
doing- moreso than any lawmaker today, it seems (which shows that we
have learned little from our own history). They had the benefit of seeing
first hand the corruption of a large, domineering government, and the
effects that had on the various aspects of life (economics and freedom,
to name two specifically).
-steve
|
1125.36 | | BIGQ::SILVA | Diablo | Tue Aug 22 1995 16:25 | 7 |
|
For those who don't already know, Steve Leech is the only living
Founding Father. :-)
Glen
|
1125.37 | | CSC32::J_CHRISTIE | Ps. 85.10 | Tue Aug 22 1995 19:16 | 7 |
| .36
You must know him from elsewhere, Glen. I did a "dir/auth=leech/all"
and didn't find any entries before August 7 of this year.
Richard
|
1125.38 | | ravel.amt.tay1.dec.com::SCHULER | Greg, DTN 227-4165 | Tue Aug 22 1995 20:50 | 15 |
| RE: .34
Of what need are Constitutional scholars & historians, then? Of lawyers
and Judges?
If it is all so obvious and common, that is.
Here's a question: Is there a constitutional right to privacy?
It should be plain from reading the Constitution, no? We should
easily be able to determine which local, state and federal laws
unconstitutionally violate this right if it exists, correct?
/Greg
|
1125.39 | | BIGQ::SILVA | Diablo | Tue Aug 22 1995 21:31 | 9 |
| | <<< Note 1125.37 by CSC32::J_CHRISTIE "Ps. 85.10" >>>
| You must know him from elsewhere, Glen. I did a "dir/auth=leech/all"
| and didn't find any entries before August 7 of this year.
Richard... you have to look at the Constitution. His signature is on
it! :-)
|
1125.40 | | CSOA1::LEECH | Dia do bheatha. | Wed Aug 23 1995 09:47 | 3 |
| re: .37
Quite correct.
|
1125.41 | | CSOA1::LEECH | Dia do bheatha. | Wed Aug 23 1995 10:13 | 41 |
| re: .38
> Here's a question: Is there a constitutional right to privacy?
The Constitution does not define rights and privileges of being a US
citizen. The BoR enumerates a *few* of our inalienable rights (ones that
are given us from the Creator- see DoI), matter-of-factly stating that
"government" has not right to infringe upon them. Our rights do not
come from the Constitution, they come from the Creator. The
Consitution is a document that strictly outlines the government's
purpose and design, purposely limiting federal powers to specifically
designated items.
There is no need for the BoR, technically, as there is no power granted
the federal government to limit freedoms of its citizens. Many FF
thought that by listing specific (the most important) rights via
Amendment would open the door to limiting other God-given rights not
listed (thus the inclusion of the Ninth and Tenth Amendments in the
final draft of what is now called the BoR- to sooth the sensibilities
of those who did not want any specific listing of protected freedoms).
Our view of the federal government is so far off the beaten path of
what was intended, that we can't see the forest for the trees any more.
There ARE NO constitutional rights at all, though a very few of our
inalenable rights are specifically listed for protection (from the
federal government). The "right to privacy" is not found in the BoR at
all (but perhaps is implied in the Third & Fourth Amendments indirectly),
but is a God-given right that is not infringable by a federal
government legally, as *legally* the government has no authority via
the Constitution to infringe upon the personal privacy of its citizens.
> It should be plain from reading the Constitution, no? We should
> easily be able to determine which local, state and federal laws
> unconstitutionally violate this right if it exists, correct?
Perhaps, if the judges really cared to follow the constitution, rather
than modern (containing much that is unconsitutional, IMO) precedent in
law.
-steve
|
1125.42 | | TINCUP::inwo.cxo.dec.com::Bittrolff | Spoon! | Wed Aug 23 1995 12:56 | 50 |
| .Leech
steve,
from .41
citizen. The BoR enumerates a *few* of our inalienable rights (ones
that are given us from the Creator- see DoI), matter-of-factly stating
Come on steve, the Bill of Rights was not linked to the Declaration of
Independence, and have nothing to do with a creator. You are the one that
claims the document should stand on its own, let it. This is pretty weak.
Your next two paragraphs show a pretty good understanding of the general
concepts, you just go off the deep end when you try to maintain they meant
to build religion (specifically Christianity) into the structure of the
government. I even agree that we have drifted far from the intent of the
Constitution, the power of the federal govt. today would not please the
drafters.
all (but perhaps is implied in the Third & Fourth
Amendments indirectly),
but is a God-given right that is not infringable by a federal
government legally, as *legally* the government has no authority via
the Constitution to infringe upon the personal privacy of its citizens.
This is a reach. Where in the Constitution does it make *any* reference to
God-Given rights? For that matter, where in the Bible is the right to
privacy discussed?
Perhaps, if the judges really cared to follow the constitution, rather
than modern (containing much that is unconsitutional, IMO) precedent in
law.
Judges, being human, err from time to time on both sides. The hope is that
over time it balances out. But as pointed out, when applied to specific
instances even the Constitution, like the Bible, can be pretty murky and
open to vastly different interpretations.
BTW, what was your point in the quotes you included in .33? You seem to
have done enough research (unless you're just getting your info from the RR
sources) to realize that I could match you quote for quote. The fact of the
matter is that there was vigorous debate around the role of religion in the
government, the final ratified version conspicuously lacks any verbage that
would back your claim that they intended a Christian based government,
although it would have been absurdly easy to do so.
Steve
|
1125.43 | | CSOA1::LEECH | Dia do bheatha. | Wed Aug 23 1995 14:23 | 80 |
| re: .42
>Come on steve, the Bill of Rights was not linked to the Declaration of
>Independence, and have nothing to do with a creator.
Au contraire, it does indeed have links to the DoI, which is most
definitely a co-founding document in the eyes of the FF. I suggest you
read it and some of the many commentaries from the FF regarding the
subject of human rights (you really need look no farther than the DoI to
determine where the FF thought human rights originate from, but the
extraneous writings can do nothing but confirm this).
> You are the one that
>claims the document should stand on its own, let it. This is pretty weak.
It's not weak at all. The Constitution DOES NOT define human rights-
even those mentioned in the BoR- it merely defines the government
structure, it's powers, and specifically mentions (unnecessarily)
certain rights (within the BoR) that it cannot infringe upon.
>Your next two paragraphs show a pretty good understanding of the general
>concepts, you just go off the deep end when you try to maintain they meant
>to build religion (specifically Christianity) into the structure of the
>government.
I maintain nothing of the sort. I think you are confusing two
different arguments. The Constitution is silent- either for or against
religion- other than stating (via the First Amendment) that Congress
cannot establish a state religion. By the definition they used at
the time, we could easily replace 'religion' with 'denomination' for
better understanding. By doing this word replacement, we can also shed
a bit more light on the letter by Jefferson to the Danbury Baptists,
which is the letter that "separation of church and state" originally
came from (and used wrongly in the 1947 SCOTUS ruling of Everson v. the
Board of Education- the beginning of the new interpretation era).
> I even agree that we have drifted far from the intent of the
>Constitution, the power of the federal govt. today would not please the
>drafters.
I imagine this could be listed as an understatement of great
proportions. 8^) I think they would be utterly aghast at what we've
allowed to happen to this nation.
>This is a reach. Where in the Constitution does it make *any* reference to
>God-Given rights?
You have to understand more than just the Constitution when it comes to
the subject of rights. The Constitution, as drafted and ratified, was
completely silent on the issue of human rights. The BoR was not added
until a few years later (which is why they are Amendments to
the Constitution, rather than a part of the text). The DoI states it
quite well, that they considered human rights to have been ordained by
the Creator, and unassailable by government. Because of this belief,
and the fact that England walked all over such rights, they drafted the
DoI (this is significantly simplified, but I don't have time to draft
a thesis on this) and fought the War of Independence.
You cannot ignore this statement of purpose, the reasons for
establishing the United States, from the Constitution, which is the
governmental design that fulfills that purpose. Both are founding
documents of equal value (well, that was the way it was viewed THEN,
according to my research).
>BTW, what was your point in the quotes you included in .33?
The point is that Christianity, up until recent generations, has always
been supported by government as a necessity for continued freedom. It
was never intended to be included in the Constitution, as there is
little point in doing so. The Constitution is intended to outline a form
of government. That form of government was never intended to be a
theocracy, but a republic. There is a difference between claiming we
are intended to be a theocracy (making Christian part of the government),
and claiming that as a nation, we have always supported a system of
morality recognized to be beneficial to the well-being of the nation.
I think this is where the confusion orignates- 'support of' does not
equate to 'establishment'.
-steve
|
1125.44 | Too much "fast food," I imagine | CSC32::J_CHRISTIE | Ps. 85.10 | Wed Aug 23 1995 14:30 | 7 |
| I realize FF is supposed to be shorthand for "founding fathers." We've
been educated by Jack Martin.
Nevertheless, "french fries" keep coming to mind. :-}
Richard
|
1125.45 | | CSOA1::LEECH | Dia do bheatha. | Wed Aug 23 1995 15:23 | 3 |
| 8^)
Also, "FF" is not to be confused with "form feed".
|
1125.46 | you must have an interesting mouth | LGP30::FLEISCHER | without vision the people perish (DTN 297-5780, MRO2-3/E8) | Thu Aug 24 1995 08:47 | 24 |
| re Note 1125.41 by CSOA1::LEECH:
> Our view of the federal government is so far off the beaten path of
> what was intended, that we can't see the forest for the trees any more.
Well, at least you're warning us. :-}
> There ARE NO constitutional rights at all, though a very few of our
Tell that to the NRA!
> > It should be plain from reading the Constitution, no? We should
> > easily be able to determine which local, state and federal laws
> > unconstitutionally violate this right if it exists, correct?
>
> Perhaps, if the judges really cared to follow the constitution, rather
> than modern (containing much that is unconsitutional, IMO) precedent in
> law.
But according to your impeccable presentation, Steve, rights
are not found in the Constitution (or, at least, shouldn't
be)! It would be *all* precedent!
Bob
|
1125.47 | I resent that... | VNABRW::BUTTON | Another day older and deeper in debt | Thu Aug 24 1995 09:39 | 50 |
| RE: .1 Jeff.
> ... and along with other serious consequences, the believer is always
> stunted in their spiritual growth by the unbelieving partner.
You're reply contained no 'IMO' or 'I believes'
I am a non-Christian and am happily married to a "good Catholic" for
close to 30 years. I resent any suggestion that I have in any way
stunted her spiritual growth or that other "serious consequences"
have arisen from our relatioship.
In fact, the contrary is true. Through me she has learned to love and
appreciate the Bible and has gained insight into many of the texts
which were previously a mystery to her. Where she felt doubt, she
has taken her problems -- encouraged to do so by me -- to her priest
and has found her previous faith solidified.
We have gone hand-in-hand through many difficulties over the years
and have both grown as a result. And I would wager that I feature
more often in her prayers than your average run-of-the-mill Christian
husband of a Christian wife.
In Austria, at least, proportionally about 8 time more un-mixed
marriages go down the drain than mixed. But I admit, the "mixed"
sample may be too small to be significant.
By the way, you, and several others, seem to equate non-Christian
with non-believer. I am never quite sure if this confusion arises
from arrogance, sufferance or ignorance or some intermedi-ance, but
they are most definately not synonymous: I am a case in point.
1127.14
> The state of marriage does not change the condition of the
> unbeliever who is by definition unrighteous and lawless.
Well at least you have made it clear -- to me -- which "ance" is
to be applied to you. Your later (.23) explanation, putting it all
down to the Bible, is not worth a mite to those who do not accept
it as being the unerring word of God. In my scheme of things, I am
neither unrighteous nor lawless. IMO, you came closer to lawlessness
by this slander, than I have been for many a long day.
By the way, unbeliever is again a different term, not synonymous
with either non-believer or non-Christian. It should surprise noone
that the Christian world is in such chaos when some of their most
ardent supporters are not even sure who they are persecuting.
Greetings, Derek.
|
1125.48 | | CSOA1::LEECH | Dia do bheatha. | Thu Aug 24 1995 10:01 | 48 |
| re: .46 by LGP30::FLEISCHER
>> There ARE NO constitutional rights at all, though a very few of our
> Tell that to the NRA!
I think they know. Since there IS a Second Amendment, though, they
may as well use it. Remember, the Second only guarantees an
inalienable right, it does not define it nor does it meant that this
right is being based on the Constitution (i.e. granted by the
Constitution).
Personally, I think the use of the term "Constitutional right" is
disengenuous, as it seems to presuppose that said right is granted by
the Constitution, which it is not.
Judging by the infringments I'm seeing on all the BoR, I imagine it was
best that they specifically enumerated a few of our inalienable rights.
At least there is documentation usable in court to fight for said
rights. If they had not been written in, I imagine we would be living
in a police state by now. When there is clear language that protects
certain rights within our founding documents, it takes a much greater
period of time to wean said rights from the people.
Not that we are really under the Constitution any more. Only public
opinion keeps what few rights we still have from being stripped from us
(but that's another discussion).
>> Perhaps, if the judges really cared to follow the constitution, rather
>> than modern (containing much that is unconsitutional, IMO) precedent in
>> law.
> But according to your impeccable presentation, Steve, rights
> are not found in the Constitution (or, at least, shouldn't
> be)! It would be *all* precedent!
Whether they should have been included or not is beside the point. The
fact that they ARE, and the fact that much modern precedent has no
basis in the clear meaning of the BoR, IS the point I was trying to
make.
Of course, I was also talking about the many laws that grant the fedgov
confiscatory and redistribution powers that it was never granted in the
text of the Constitution, as well as other similar laws that are far
from constitutional.
-steve
|
1125.49 | | TINCUP::inwo.cxo.dec.com::Bittrolff | Spoon! | Thu Aug 24 1995 15:44 | 88 |
| .43
subject of human rights (you really need look no farther than the DoI to
determine where the FF thought human rights originate from, but the
extraneous writings can do nothing but confirm this).
I have read, extensively. There is no doubt that most FF were secularly
deficient, but they still
wrote a blueprint for government was and is a secular document. Trying to make
your case for a
religious based government by pulling in another document was, and is, bogus.
It's not weak at all. The Constitution DOES NOT define human rights-
even those mentioned in the BoR- it merely defines the government
structure, it's powers, and specifically mentions (unnecessarily)
certain rights (within the BoR) that it cannot infringe upon.
Perhaps it does not define human rights (although I could argue the point),
but it most definitely defines citizens rights. What is your point here?
[
>to build religion (specifically Christianity) into the structure of the
>government.
I maintain nothing of the sort. I think you are confusing two
]
Good. I take this to mean that you believe that government should stay out of
religion, and vice versa.
cannot establish a state religion. By the definition they used at
the time, we could easily replace 'religion' with 'denomination' for
better understanding. By doing this word replacement, we can also shed
I disagree on your redefinition of the word religion, although this is a
common claim of the RR.
came from (and used wrongly in the 1947 SCOTUS ruling of Everson v. the
Board of Education- the beginning of the new interpretation era).
As I break it down, we are now in the third interpretation era. The first was
just after the introduction of the BoR, the second went from the mid-1800's to
around 1947 (as you point out), the third is now. In my opinion, the current
interpretations are much more closely aligned to those that came out just
after the BoR was introduced, when the FF's themselves were influencing the
decisions.
until a few years later (which is why they are Amendments to
the Constitution, rather than a part of the text). The DoI states it
quite well, that they considered human rights to have been ordained by
the Creator, and unassailable by government. Because of this belief,
You keep harping on the DoI. We are discussing the Constitution. You are the
one that said that it should be measured on what is in it (note .34).
You have to understand more than just the Constitution when it comes to
the subject of rights. The Constitution, as drafted and ratified, was
I think we are discussing two different things. You are discussing rights, I
am discussing the role of government in religion, and religion in government.
You cannot ignore this statement of purpose, the reasons for
establishing the United States, from the Constitution, which is the
governmental design that fulfills that purpose. Both are founding
But as a design document the Constitution purposely left religion out of it,
and later explicitly excluded it (the first amendment).
The point is that Christianity, up until recent generations, has always
been supported by government as a necessity for continued freedom. It
No. Christianity may have been supported by individuals within the government.
Even though the predominant religion of the day was Christian based, they
realized that for true freedom the government and religion had to be kept
separate. They saw firsthand what happened when it wasn't.
and claiming that as a nation, we have always supported a system of
morality recognized to be beneficial to the well-being of the nation.
The morality that has been enforced (through law) is supposed to be secular. A
system of morality does not have to be based on religion.
I think this is where the confusion orignates- 'support of' does not
equate to 'establishment'.
This kind of depends on what you mean by support of. And which religions are
eligible for this support. Would you please elaborate? (I suspect our views
may be closer than I had originally thought).
Steve
|
1125.50 | | CSOA1::LEECH | Dia do bheatha. | Thu Aug 24 1995 18:55 | 148 |
| re: 1125.49
>I have read, extensively. There is no doubt that most FF were secularly
>deficient, but they still
>wrote a blueprint for government was and is a secular document. Trying to make
>your case for a
>religious based government by pulling in another document was, and is, bogus.
Once again, you have mistaken my argument. There is a distinct
difference between having a religious-based government (which would at
least border on a theocracy) and having a government that supports a
system of morality that is in the best interest of the people (and
being a predominantly Christian nation with predominantly Christian
FFs- who predominately believed that such a system of morality was a
NECESSITY for continuing as a free nation- it is not hard to see why
Christianity was our chosen system of morality).
>Perhaps it does not define human rights (although I could argue the point),
>but it most definitely defines citizens rights. What is your point here?
There is no difference between citizens' rights and human rights.
What is enumerated (which is certainly not an exhaustive list, only
those thought to deserve specific mention) in the BoR are pre-existing
rights that cannot be infringed by the government. The Constitution
has NOTHING to do with citizens and rights, but has everything to do
with outlining governmental powers and duties (and limitations, of
course). The BoR is a government-limiting document, not an outline of
citizens' rights, nor a definition of such.
>Good. I take this to mean that you believe that government should stay out of
>religion, and vice versa.
For the most part, yes. I think we may look at the above analysis in
differing ways, however.
>I disagree on your redefinition of the word religion, although this is a
>common claim of the RR.
Actually, modern dictionaries have redefined the term, not me. I've
posted the original usage from the first Webster's dictionary (a few
notes back), which backs up my usage. Words evolve in strange ways,
sometimes, which tend to obfusicate original intent/meaning.
>In my opinion, the current
>interpretations are much more closely aligned to those that came out just
>after the BoR was introduced, when the FF's themselves were influencing the
>decisions.
I disagree. I think we are currently way off the beaten track, though
current court rulings are starting to compensate for the religious
discrimination that has been taking place over the last 30 years.
A temporary respite, most probably, but it beats a blank.
What confuses the entire issue is the federal tax $ stawman. But
that's another debate.
>You keep harping on the DoI. We are discussing the Constitution. You are the
>one that said that it should be measured on what is in it (note .34).
But you have shot off into another realm altogether, when you brought
up the "rights" issue. Since human rights are not defined in the
Constitution, nor listed exhaustively in the BoR, we have to look
elsewhere to see what the FF thought about human rights. Where better
to look, but in another founding document (which is closely related to
the Constitution).
>But as a design document the Constitution purposely left religion out of it,
>and later explicitly excluded it (the first amendment).
I've said as much already. The Constitution may be Christian-inspired,
but it is religion-neutral in its text.
I'm not sure what your intended meaning is by "and later explicitly
excluded it (the first amendment)", so I'll not comment on that part.
>Christianity may have been supported by individuals within the government.
It WAS supported by individuals within the government, and there was no
conflict with the Constitution in doing this. The Constitution, as we
both agree, is religion neutral. John Jay (first Chief Justice of the
United States Supreme Court- for those who don't know) is quoted as
saying:
"Providence has given to our people the choice of their rulers, and it
is the duty of our Christian nation to select and prefer Christians for
their rulers."
Since the Constitution is a government outline ONLY, if you wish a
moral laws to be put in place and kept for the well-being of society, you
must elect those who share this belief.
>Even though the predominant religion of the day was Christian based, they
>realized that for true freedom the government and religion had to be kept
>separate. They saw firsthand what happened when it wasn't.
Almost correct. For true freedom, they knew that religion had to be
protected from the government. There is nothing in the Constitution
that separates religion and government. The only thing you will find
is the First Amendment, which is a GOVERNMENT LIMITATION. "Congress
shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof;". This simply says Congress
CANNOT establish a "state"-religion (like the one in England at the
time); Congress CANNOT make a law prohibiting the free exercise of
religion (and remember the historical definition of "religion").
"Congress CANNOT" is the key. This has nothing to do with citizens at all,
but merely a limitation on lawmaking powers that Congress must heed.
Freedom of religion is an inalienable right granted by the Creator; not
Congress, not the BoR, not the Constitution, not any human being or any
government. This is the basis for the concept of 'inalienable' rights.
>The morality that has been enforced (through law) is supposed to be secular. A
>system of morality does not have to be based on religion.
All morality originates from a "religious" source of one kind or
another (and obviously, given our herritage, ours is based on
Christianity). You cannot separate completely morality from religion.
I've read nothing from the FF that state they feel that all laws should be
secular in nature. Some obviousely are (safety laws), some obviously
are not (law regarding adultery and bigamy). The FF were clear that the
morality of this nation was based on Christianity, and that all effort
should be made to keep this system of morality BECAUSE IT WORKS, and is
in the best interest of this nation.
>This kind of depends on what you mean by support of. And which religions are
>eligible for this support. Would you please elaborate? (I suspect our views
>may be closer than I had originally thought).
Support does not equate to monetary handouts, as most folks view the
term today. Our current confiscatory tax and redistribution system is
not only conter-productive and power-leeching, it is unconstitutional.
Therefore, this kind of support is NOT what the FF were talking about.
I've already posted quotes that show what kind of support they thought
was necessary to insure the well-being of society. Has to do with
teaching morality in schools and learning institutions. There are
other ways to "promote" morality/religion, as well, though like the
above, it had everything to do with community and state, and little to
do with the general government.
Abe Lincoln stated that (paraphrased from memory) "the philosophy of the
schoolroom in one generation will be the philosophy of government in the
next".
-steve
|
1125.51 | truth | LGP30::FLEISCHER | without vision the people perish (DTN 297-5780, MRO2-3/E8) | Fri Aug 25 1995 08:52 | 9 |
| This whole issue of whether there are rights that are not
written down in constitutional documents reminds me of the
talk of "natural law" that comes up from time to time.
It appears simply to be another way of claiming that
something is true without having to give solid evidence for
its truth.
Bob
|