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Wednesday, February 22, 2012

Are Federal Judges Required to Cite the Bible as Authority for Constitutional Decisions?

Gerard N. Magliocca

Rick's post gives me an excuse to make the following observation. On a couple of occasions during the 1866 campaign, John Bingham told voters that the purpose of the Fourteenth Amendment was to put the Golden Rule in the Constitution. For example, in a speech on August 24, 1866, he discussed Section One of the Amendment and said: “Is it objected to by any Christian man, to embody in your Constitution at least the simple golden rule you learned at your mother’s knee: ‘Whatsoever ye would that others should do unto you, do ye even so unto them?'”

Now here's my (half-serious) interpretative question. Does the Golden Rule state a prohibition on discriminatory intent or a bar on acts that also have a disparate impact?

Comments:

Well, which way would you rather be done unto? :)
 

The "original" Golden Rule has been nuanced by the current GOP Presidential candidates to their version: "He who has the gold rules" especially thanks to the Citizens United-five. Perhaps the Religion Clauses of the First Amendment might challenge the "required" in Gerard's question, unless Gerard is suggesting that the Section One of the 14th Amendment provides otherwise.
 

he Supreme Court of the United States is the highest court in the United States. It has ultimate (but largely discretionary) appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases.[1] The Court, which meets in the United States Supreme Court Building in Washington, D.C., consists of a chief justice and eight associate justices who are nominated by the President and confirmed by the Senate. Once appointed, justices have life tenure unless they are removed after impeachment.
sell Structured Settlement
 

religion is best left out of the law

Benjamin Marcus Raucher
 

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