|
don't get my southern bible beaters confused with Burton's money grubbing corporate whores. Hostettler's constitutional interpretations really piss me off. He makes the classic distinction that the establishment clause only prevents the state from establishing its own religion but allows the government to have religious affiliations. I wish I could subscribe to these Bork notions because it makes Constitutional interpretation much easier as a lawyer if you do not rely on petty things such as precedent, legislative history, or policy consequences. Hostettler does cite an 1854 Senate committe report: What is an establishment of religion? It must have a creed, defining what a man must believe; it must have rites and ordinances, which believers must observe... First, a committee report, authored one hundred years after the Constitution was formed, written by a committee in the golden era of Dredd Scott and the Freedom of Contract (no labor regulations, miners forced to live in work in company owned villages, etc.) really shouldn't inspire contemporary jurisprudence from my perspective. Second, what is regulating abortion, marriage, or giving money to faith-based organizations but establishing a government religion? Hostettler never makes a mention of the concept of "Tyranny of the Majority" in his writings but his view of complete judicial restraint and a weak Bill of Rights approves of such a condition. T his credit, I haven't heard Hostettler himself say this, but Freepers always bring up the "Tyranny of the Minority" (or special interests) imposing its will on the people. To this I always reply, "You mean like 39 dead, male, caucasian, land-owners being the final authority on all societal questions for eternity?" To which, I never get a response.
|