The Supreme Court did not determine or declare that we're a Christian nation. It said so in dicta: an unimportant aside not relevant to the case's holding.
The case involved a nativist law similar to Trump's Muslim ban. Here's what happened:
Congress passed the Alien Contract Labor Law (or Foran Act) in 1885. It said businesses couldn't sponsor foreign laborers (have them immigrate and then work for the companies). It was an extension of the racist Chinese Exclusion Act of 1882.
The court ruled that the law did not prevent churches from contracting to bring pastors from other countries to minister to their congregation. That’s it. It was an issue of statutory interpretation.
The court did not declare (i.e., it did not hold, but only stated in dicta) that this is a Christian nation. The opinion, written by Justice David Brewer, makes this statement, but it is not really relevant to the case or holding.
Here's the passage:
Brewer went way out of his way in the case and recited a lot of bad history to bolster the point. All of it unnecessary.
But coming from a a devoutly religious son of a Congregationalist minister-missionary and former Sunday school teacher, the claim shouldn't be too surprising.
Brewer caught some flak for this line because it's wrong. The Constitution separates state and church, prohibits religious tests, draws its power from the people instead of a deity, and never once mentions a god. All of that was revolutionary and original to the document.
So Brewer felt compelled to explain himself. He gave a lecture that became book. He wanted to clear up what exactly he meant in the lines that Christian Hercules focused on: The United States A Christian Nation. patheos.com/blogs/freethou…
In it, Brewer clarifies what he meant, asking "But in what sense can it [the United States] be called a Christian nation? Not in the sense that Christianity is the established religion or that the people are in any manner compelled to support it. On the contrary..."
So we are not a Christian nation in any meaningful way. Quite the contrary says Brewer.
And the argument he does make in this direction falls short, as I detail in The Founding Myth, chapter 5. a.co/d/a59fCqy
Brewer relies mostly on our pre-constitutional, colonial history–that settlers were religious, some on religious missions. When it comes to actually showing that our government and laws are substantively based on Christianity, Brewer demurs:
Brewer claims he “could show” something beyond most Americans being Christian. He claims he can show a deep influence on our laws, but if he could have, he would have. Many have tried to show that our Constitution and laws are Christian or biblical, but it simply cannot be done.
In fact, we find that many of the "laws of Moses," such as the Ten Commandments, are thoroughly un-American. The first few commandments (depending on which set and which interpretation) actually violate founding American values like free speech and the free exercise of religion.
Hell, the Ten Commandments promise to punish innocent children, grandchildren, great-grandchildren, and great-great-grandchildren if their parents commit the "crime" of exercising the religious freedom guaranteed by our First Amendment. Hard to imagine a more un-American rule...
So no, America is not a Christian nation; the Supreme Court did not declare it to be; and to the extent the court did, the authoring justice retracted it.
🇺🇸America will never be a Christian nation because the moment it becomes a Christian nation it will cease to be America.🇺🇸
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Meanwhile, the Supreme Court is about to hear argument in a case that might weaponinze religious freedom. Not only could it make "because god" a license to discriminate, it might also give discriminating religious orgs a right to contract with the government to provide services.
This case is not about faith, but whether adhering one particular brand of conservative Christianity is right that Trump's all others, including the rights of other Americans. This is about codifying Christian privilege in the Constitution.
The goal is to rewrite or redefine the Constitution so that it creates two classes of people: Christians and everyone else. Or to be more accurate, the right kind of conservative Christian, and everyone else.
That absurd portrait is deeply problematic without the MAGA addition. Asked about the relationship between Christianity and white supremacy, Prof. @AntheaButler said, “It’s a huge relationship. Every time you see a white Jesus you see white supremacy.” religiondispatches.org/fundraising-fo…
Other entries for best Christian Nationalist photo of #Election2020 include
I'm getting tons of questions about what happens if Trump dies before the election? Or after? Is it Pence or can GOP just pick anyone they want? 25th Amendment? And every possible variation of these Qs and more. I'm a constitutional attorney and I'll answer them all now.
THREAD
These procedural questions are fascinating and the short answer is that there is not a lot of precedent for most of what people want to ask. There are so many variables, so many unknowns, and so much could change between now and the inauguration. So there's a lot we don't know.
But we know enough. We know that if Biden wins—and especially if he wins in a landslide—none of these questions matter.
So...that is the answer to everything. Stop fretting over hypotheticals and do something. Vote early. Donate. Volunteer.
Let’s talk about Amy Coney Barrett, not her religion, but her pattern of saying that when personal religion and professional responsibilities collide, her religious beliefs take precedence.
~a thread~
That pattern is extensive, beginning in at least 1998 with an article on Catholic judges in which she raises the very issue the GOP is complaining about. But first...
The most important thing you need to know about Barrett is that she is accepting this nomination. RBG is not even buried yet and Barrett is down for the partisan power grab. She’s confessing to partisanship and that she lacks the integrity for the job.
I am listening to the White House Conference on American History and it is batshit crazy. This is absolutely nuts.
A taste from Peter Wood on the protests: “Riots appear to be planned, staffed, scheduled for nights on end. These are not spontaneous, … but well staged … they run according to a well-rehearsed script. Who rights that script? The answer is obvious.” Then he blamed professors.
Quotes are not exact, sorry. Double check them all.
Trump's latest SCOTUS shortlist additions have a dangerous lack of judicial experience. Some of them are well known in legal circles (Clement, Landau, Francisco), but there are only two on the list with any real judicial experience, Bade and Lagoa (mostly low level state judge).
Half have no experience. The average is less than 2 years EACH. If you leave off the two experienced outliers, there's only 16.5 years of experience spread across 18 possible nominees: an average of 11 MONTHS of experience each. For a lifetime appointment on the highest court.