Tuesday, August 31, 2021

Discussion on Covid Mandates

 The Covid mandates are a major issue for our study of Free Exercise. I enjoyed our brief class discussion of the mandates and religious liberty yesterday. Here is something I shared with my 1L Property class:

Whatever your views about the mandates, I hope that you will not become too used to having your life so heavily regulated by government for such a long period of time. It is like boiling a frog slowly; you get used to the warm water as the heat slowly increases and the next thing you know you are boiled alive. Here is something Jefferson wrote to Abigail Adams in 1787:

"The spirit of resistance to government is so valuable on certain occasions, that I wish it to be always kept alive. It will often be exercised when wrong, but better so than not to be exercised at all. I like a little rebellion now and then. It is like a storm in the Atmosphere."

 And here is something Reagan said along the same lines:

“Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men [and women] were free.”

Monday, August 30, 2021

Endorsement vs. Disapproval



Excerpt from my article:


 
But when evaluating a public culture such as ours, in which government endorses many things and celebrates many causes,[1] how are we to determine whether a Christmas nativity display in a local park or public school endorses religion, or whether the removal of such a display by a federal court injunction endorses a message of disapproval of religion? Why are citizens who celebrate Christmas marked as favored insiders when the Christmas display is only one of hundreds appearing in the public square in the course of any given year? Indeed, when a religious display is singled out and cleansed from a public square open to all sorts of secular displays by a federal court applying the endorsement test, doesn’t this judicial decree tell the religious display’s willing audience that they are outsiders and less than full members of the political community?




[1] See Kevin Seamus Hasson, The Right to Be Wrong: Ending the Culture War Over Religion in America 128 (2005) (observing that government “celebrates everything from National Catfish Day to National Jukebox Week.”) I would add that government also celebrates many ethnic and cultural causes such as Cinco de Mayo, Gay Pride Month, Black History Month, Earth Day and Kwanza. A truly “neutral” public culture in a pluralistic society should recognize and celebrate the full scope of its diversity, not merely secular subgroups and secular ideas.

Religious Monuments in Washington, DC

                 Moses and the Ten Commandments in the SCOTUS courtroom


Link



Spiritual Heritage – Government Monuments, Buildings, and Landmarks

Some of the most important monuments, buildings, and landmarks in Washington, D.C., include religious words, symbols, and imagery. In the United States Capitol the declaration “In God We Trust” is prominently displayed in both the United States House and Senate Chambers.

Around the top of the walls in the House Chamber appear images of 23 great lawgivers from across the centuries, but Moses (the lawgiver, who– according to the Bible – originally received the law of God,) is the only lawgiver honored with a full face view, looking down on the proceedings of the House.

Religious artwork is found throughout the United States Capitol, including in the Rotunda where the prayer service of Christopher Columbus, the Baptism of Pocahontas, and the prayer and Bible study of the Pilgrims are all prominently displayed; in the Cox Corridor of the Capitol where the words “America! God shed His grace on thee” are inscribed; at the east Senate entrance with the words “Annuit Coeptis” – Latin for “God has favored our undertakings”; and in numerous other locations.

Images of the Ten Commandments are found in many federal buildings across Washington, D. C., including in bronze in the floor of the National Archives; in a bronze statue of Moses in the Main Reading Room of the Library of Congress; in numerous locations at the U. S. Supreme Court, including in the frieze above the Justices, the oak door at the rear of the Chamber, the gable apex, and in dozens of locations on the bronze latticework surrounding the Supreme Court Bar seating.

Spiritual Heritage – The Washington Monument, Jefferson Memorial, and Lincoln Memorial
In the Washington Monument not only are numerous Bible verses and religious acknowledgements carved on memorial blocks in the walls, including the phrases: “Holiness to the Lord” (Exodus 28:26; 30:30; Isaiah 23:18, Zechariah 14:20), “Search the Scriptures” (John 5:39), “The memory of the just is blessed” (Proverbs 10:7), “May Heaven to this Union continue its beneficence,” and “In God We Trust”, but the Latin inscription Laus Deo – “Praise be to God” – is engraved on the monument’s capstone.

Of the five areas inside the Jefferson Memorial into which Jefferson’s words have been carved, four are God-centered, including Jefferson’s declaration that “God who gave us life gave us liberty. Can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of God? Indeed I tremble for my country when I reflect that God is just, that His justice cannot sleep forever.”

The Lincoln Memorial contains numerous acknowledgments of God and citations of Bible verses, including the declarations that “we here highly resolve that . . . this nation under God . . . shall not perish from the earth”; “The Almighty has His own purposes. ‘Woe unto the world because of offenses; for it must needs be that offenses come, but woe to that man by whom the offense cometh’ (Matthew 18:7)”; “as was said three thousand years ago, so still it must be said ‘the judgments of the Lord are true and righteous altogether’ (Psalms 19:9)”; “one day every valley shall be exalted and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight and the glory of the Lord shall be revealed and all flesh see it together” (Dr. Martin Luther King’s speech, based on Isaiah 40:4-5).

In the Library of Congress, The Giant Bible of Mainz and The Gutenberg Bible are on prominent permanent display and etched on the walls are Bible verses, including “The light shineth in darkness, and the darkness comprehendeth it not” (John 1:5); “Wisdom is the principal thing; therefore, get wisdom and with all thy getting, get understanding” (Proverbs 4:7); “What doth the Lord require of thee, but to do justly, and to love mercy, and to walk humbly with thy God” (Micah 6:8); and “The heavens declare the Glory of God, and the firmament showeth His handiwork” (Psalm 19:1).1

The spiritual heritage of the United States of America is obvious. Numerous other of the most important American government leaders, institutions, monuments, buildings, and landmarks both openly acknowledge and incorporate religious words, symbols, and imagery into official venues. Such acknowledgments are even more frequent at the state and local level than at the Federal level, where thousands of such acknowledgments exist.

 


NOTES

1 Library of Congress, “The Thomas Jefferson Building: A Virtual tour of the Library of Congress” (http://www.loc.gov/jefftour/firstfloor.html ), Library of Congress, “On These Walls” (http://www.loc.gov/loc/walls/jeff1.html, http://www.loc.gov/loc/walls/jeff2.html).
- See more at: http://www.allabouthistory.org/spiritual-heritage-and-government-monuments-faq.htm#sthash.QZJaEmol.dpuf

Spiritual Heritage – Government Monuments, Buildings, and Landmarks

Some of the most important monuments, buildings, and landmarks in Washington, D.C., include religious words, symbols, and imagery. In the United States Capitol the declaration “In God We Trust” is prominently displayed in both the United States House and Senate Chambers.

Around the top of the walls in the House Chamber appear images of 23 great lawgivers from across the centuries, but Moses (the lawgiver, who– according to the Bible – originally received the law of God,) is the only lawgiver honored with a full face view, looking down on the proceedings of the House.

Religious artwork is found throughout the United States Capitol, including in the Rotunda where the prayer service of Christopher Columbus, the Baptism of Pocahontas, and the prayer and Bible study of the Pilgrims are all prominently displayed; in the Cox Corridor of the Capitol where the words “America! God shed His grace on thee” are inscribed; at the east Senate entrance with the words “Annuit Coeptis” – Latin for “God has favored our undertakings”; and in numerous other locations.

Images of the Ten Commandments are found in many federal buildings across Washington, D. C., including in bronze in the floor of the National Archives; in a bronze statue of Moses in the Main Reading Room of the Library of Congress; in numerous locations at the U. S. Supreme Court, including in the frieze above the Justices, the oak door at the rear of the Chamber, the gable apex, and in dozens of locations on the bronze latticework surrounding the Supreme Court Bar seating.

Spiritual Heritage – The Washington Monument, Jefferson Memorial, and Lincoln Memorial
In the Washington Monument not only are numerous Bible verses and religious acknowledgements carved on memorial blocks in the walls, including the phrases: “Holiness to the Lord” (Exodus 28:26; 30:30; Isaiah 23:18, Zechariah 14:20), “Search the Scriptures” (John 5:39), “The memory of the just is blessed” (Proverbs 10:7), “May Heaven to this Union continue its beneficence,” and “In God We Trust”, but the Latin inscription Laus Deo – “Praise be to God” – is engraved on the monument’s capstone.

Of the five areas inside the Jefferson Memorial into which Jefferson’s words have been carved, four are God-centered, including Jefferson’s declaration that “God who gave us life gave us liberty. Can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of God? Indeed I tremble for my country when I reflect that God is just, that His justice cannot sleep forever.”

The Lincoln Memorial contains numerous acknowledgments of God and citations of Bible verses, including the declarations that “we here highly resolve that . . . this nation under God . . . shall not perish from the earth”; “The Almighty has His own purposes. ‘Woe unto the world because of offenses; for it must needs be that offenses come, but woe to that man by whom the offense cometh’ (Matthew 18:7)”; “as was said three thousand years ago, so still it must be said ‘the judgments of the Lord are true and righteous altogether’ (Psalms 19:9)”; “one day every valley shall be exalted and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight and the glory of the Lord shall be revealed and all flesh see it together” (Dr. Martin Luther King’s speech, based on Isaiah 40:4-5).

In the Library of Congress, The Giant Bible of Mainz and The Gutenberg Bible are on prominent permanent display and etched on the walls are Bible verses, including “The light shineth in darkness, and the darkness comprehendeth it not” (John 1:5); “Wisdom is the principal thing; therefore, get wisdom and with all thy getting, get understanding” (Proverbs 4:7); “What doth the Lord require of thee, but to do justly, and to love mercy, and to walk humbly with thy God” (Micah 6:8); and “The heavens declare the Glory of God, and the firmament showeth His handiwork” (Psalm 19:1).1

The spiritual heritage of the United States of America is obvious. Numerous other of the most important American government leaders, institutions, monuments, buildings, and landmarks both openly acknowledge and incorporate religious words, symbols, and imagery into official venues. Such acknowledgments are even more frequent at the state and local level than at the Federal level, where thousands of such acknowledgments exist.

NOTES

1 Library of Congress, “The Thomas Jefferson Building: A Virtual tour of the Library of Congress” (http://www.loc.gov/jefftour/firstfloor.html ), Library of Congress, “On These Walls” (http://www.loc.gov/loc/walls/jeff1.html, http://www.loc.gov/loc/walls/jeff2.html).
- See more at: http://www.allabouthistory.org/spiritual-heritage-and-government-monuments-faq.htm#sthash.QZJaEmol.dpuf
Spiritual Heritage – Government Monuments, Buildings, and Landmarks

Some of the most important monuments, buildings, and landmarks in Washington, D.C., include religious words, symbols, and imagery. In the United States Capitol the declaration “In God We Trust” is prominently displayed in both the United States House and Senate Chambers.

Around the top of the walls in the House Chamber appear images of 23 great lawgivers from across the centuries, but Moses (the lawgiver, who– according to the Bible – originally received the law of God,) is the only lawgiver honored with a full face view, looking down on the proceedings of the House.

Religious artwork is found throughout the United States Capitol, including in the Rotunda where the prayer service of Christopher Columbus, the Baptism of Pocahontas, and the prayer and Bible study of the Pilgrims are all prominently displayed; in the Cox Corridor of the Capitol where the words “America! God shed His grace on thee” are inscribed; at the east Senate entrance with the words “Annuit Coeptis” – Latin for “God has favored our undertakings”; and in numerous other locations.

Images of the Ten Commandments are found in many federal buildings across Washington, D. C., including in bronze in the floor of the National Archives; in a bronze statue of Moses in the Main Reading Room of the Library of Congress; in numerous locations at the U. S. Supreme Court, including in the frieze above the Justices, the oak door at the rear of the Chamber, the gable apex, and in dozens of locations on the bronze latticework surrounding the Supreme Court Bar seating.

Spiritual Heritage – The Washington Monument, Jefferson Memorial, and Lincoln Memorial
In the Washington Monument not only are numerous Bible verses and religious acknowledgements carved on memorial blocks in the walls, including the phrases: “Holiness to the Lord” (Exodus 28:26; 30:30; Isaiah 23:18, Zechariah 14:20), “Search the Scriptures” (John 5:39), “The memory of the just is blessed” (Proverbs 10:7), “May Heaven to this Union continue its beneficence,” and “In God We Trust”, but the Latin inscription Laus Deo – “Praise be to God” – is engraved on the monument’s capstone.

Of the five areas inside the Jefferson Memorial into which Jefferson’s words have been carved, four are God-centered, including Jefferson’s declaration that “God who gave us life gave us liberty. Can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of God? Indeed I tremble for my country when I reflect that God is just, that His justice cannot sleep forever.”

The Lincoln Memorial contains numerous acknowledgments of God and citations of Bible verses, including the declarations that “we here highly resolve that . . . this nation under God . . . shall not perish from the earth”; “The Almighty has His own purposes. ‘Woe unto the world because of offenses; for it must needs be that offenses come, but woe to that man by whom the offense cometh’ (Matthew 18:7)”; “as was said three thousand years ago, so still it must be said ‘the judgments of the Lord are true and righteous altogether’ (Psalms 19:9)”; “one day every valley shall be exalted and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight and the glory of the Lord shall be revealed and all flesh see it together” (Dr. Martin Luther King’s speech, based on Isaiah 40:4-5).

In the Library of Congress, The Giant Bible of Mainz and The Gutenberg Bible are on prominent permanent display and etched on the walls are Bible verses, including “The light shineth in darkness, and the darkness comprehendeth it not” (John 1:5); “Wisdom is the principal thing; therefore, get wisdom and with all thy getting, get understanding” (Proverbs 4:7); “What doth the Lord require of thee, but to do justly, and to love mercy, and to walk humbly with thy God” (Micah 6:8); and “The heavens declare the Glory of God, and the firmament showeth His handiwork” (Psalm 19:1).1

The spiritual heritage of the United States of America is obvious. Numerous other of the most important American government leaders, institutions, monuments, buildings, and landmarks both openly acknowledge and incorporate religious words, symbols, and imagery into official venues. Such acknowledgments are even more frequent at the state and local level than at the Federal level, where thousands of such acknowledgments exist.

NOTES

1 Library of Congress, “The Thomas Jefferson Building: A Virtual tour of the Library of Congress” (http://www.loc.gov/jefftour/firstfloor.html ), Library of Congress, “On These Walls” (http://www.loc.gov/loc/walls/jeff1.html, http://www.loc.gov/loc/walls/jeff2.html).
- See more at: http://www.allabouthistory.org/spiritual-heritage-and-government-monuments-faq.htm#sthash.QZJaEmol.dpuf
Spiritual Heritage – Government Monuments, Buildings, and Landmarks

Some of the most important monuments, buildings, and landmarks in Washington, D.C., include religious words, symbols, and imagery. In the United States Capitol the declaration “In God We Trust” is prominently displayed in both the United States House and Senate Chambers.

Around the top of the walls in the House Chamber appear images of 23 great lawgivers from across the centuries, but Moses (the lawgiver, who– according to the Bible – originally received the law of God,) is the only lawgiver honored with a full face view, looking down on the proceedings of the House.

Religious artwork is found throughout the United States Capitol, including in the Rotunda where the prayer service of Christopher Columbus, the Baptism of Pocahontas, and the prayer and Bible study of the Pilgrims are all prominently displayed; in the Cox Corridor of the Capitol where the words “America! God shed His grace on thee” are inscribed; at the east Senate entrance with the words “Annuit Coeptis” – Latin for “God has favored our undertakings”; and in numerous other locations.

Images of the Ten Commandments are found in many federal buildings across Washington, D. C., including in bronze in the floor of the National Archives; in a bronze statue of Moses in the Main Reading Room of the Library of Congress; in numerous locations at the U. S. Supreme Court, including in the frieze above the Justices, the oak door at the rear of the Chamber, the gable apex, and in dozens of locations on the bronze latticework surrounding the Supreme Court Bar seating.

Spiritual Heritage – The Washington Monument, Jefferson Memorial, and Lincoln Memorial
In the Washington Monument not only are numerous Bible verses and religious acknowledgements carved on memorial blocks in the walls, including the phrases: “Holiness to the Lord” (Exodus 28:26; 30:30; Isaiah 23:18, Zechariah 14:20), “Search the Scriptures” (John 5:39), “The memory of the just is blessed” (Proverbs 10:7), “May Heaven to this Union continue its beneficence,” and “In God We Trust”, but the Latin inscription Laus Deo – “Praise be to God” – is engraved on the monument’s capstone.

Of the five areas inside the Jefferson Memorial into which Jefferson’s words have been carved, four are God-centered, including Jefferson’s declaration that “God who gave us life gave us liberty. Can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of God? Indeed I tremble for my country when I reflect that God is just, that His justice cannot sleep forever.”

The Lincoln Memorial contains numerous acknowledgments of God and citations of Bible verses, including the declarations that “we here highly resolve that . . . this nation under God . . . shall not perish from the earth”; “The Almighty has His own purposes. ‘Woe unto the world because of offenses; for it must needs be that offenses come, but woe to that man by whom the offense cometh’ (Matthew 18:7)”; “as was said three thousand years ago, so still it must be said ‘the judgments of the Lord are true and righteous altogether’ (Psalms 19:9)”; “one day every valley shall be exalted and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight and the glory of the Lord shall be revealed and all flesh see it together” (Dr. Martin Luther King’s speech, based on Isaiah 40:4-5).

In the Library of Congress, The Giant Bible of Mainz and The Gutenberg Bible are on prominent permanent display and etched on the walls are Bible verses, including “The light shineth in darkness, and the darkness comprehendeth it not” (John 1:5); “Wisdom is the principal thing; therefore, get wisdom and with all thy getting, get understanding” (Proverbs 4:7); “What doth the Lord require of thee, but to do justly, and to love mercy, and to walk humbly with thy God” (Micah 6:8); and “The heavens declare the Glory of God, and the firmament showeth His handiwork” (Psalm 19:1).1

The spiritual heritage of the United States of America is obvious. Numerous other of the most important American government leaders, institutions, monuments, buildings, and landmarks both openly acknowledge and incorporate religious words, symbols, and imagery into official venues. Such acknowledgments are even more frequent at the state and local level than at the Federal level, where thousands of such acknowledgments exist.

NOTES

1 Library of Congress, “The Thomas Jefferson Building: A Virtual tour of the Library of Congress” (http://www.loc.gov/jefftour/firstfloor.html ), Library of Congress, “On These Walls” (http://www.loc.gov/loc/walls/jeff1.html, http://www.loc.gov/loc/walls/jeff2.html).
- See more at: http://www.allabouthistory.org/spiritual-heritage-and-government-monuments-faq.htm#sthash.QZJaEmol.dpuf