Scalia Comes to UVA Law School: Says Church and State Not Separate

Scalia UVA

Did anyone check out Antonin Scalia’s visit to the UVA Law school?

Considered a conservative justice, he said some pretty wild stuff to the Virginia Law School where he used to teach. The passage that caught my eye (from the Brian McNeill at the Daily Progress):

The judicial system, he argued, has too often gone overboard in its interpretation of the First Amendment’s establishment clause, which forbids any “law respecting an Establishment of Religion….”

For example, the court system has sought to bar students from reciting the Pledge of Allegiance because it contains the phrase “One nation, under God.”

Rulings that seek to totally separate religion and government, Scalia said, run counter to the Constitution’s meaning. If you want to enact a statute that says the president can never say ‘God bless America,’ then I have no problem with that,” he said. “Just don’t tell me that the Constitution prohibits it.”

So, what does the constitution say?

[via WSJ Law Blog]

Popularity: 24% [?]

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13 Responses to “Scalia Comes to UVA Law School: Says Church and State Not Separate”

  1. 12 Apr 2008 at 8:09 pmoniss said:

    Nonsense: the constitution separates them quite thoroughly — per Jefferson who penned an exquisite separation for Virginia alone — and didn’t want to be bothered with that silly declaration of independence thing because he was working on the state thing, but — oh bother — I’ll do it anyway. YES, VIRGINIA (SCALIA) THERE IS A SEPARATION OF CHURCH AND STATE!!!

  2. 12 Apr 2008 at 8:31 pmbelmont yo said:

    Thor reads DP headline yesterday, posts it here today.

    Scalia’s an asshat. A very smart asshat, but an asshat nontheless.

    /just pullin your chain

  3. 12 Apr 2008 at 8:52 pmThor said:

    Actually, I read the WSJ blog today which linked to the DP! Anyhoo, I thought we would have a more lively discussion…

    /you pulling on a fake chain
    //slick

  4. 12 Apr 2008 at 9:22 pmbelmont yo said:

    Well I tried to open it up with flame bait, but no one is taking. They all have, you know, lives.

    /me, not so much.

  5. 12 Apr 2008 at 10:01 pmThor said:

    where is everyone going tonight?

  6. 12 Apr 2008 at 10:44 pmlolo said:

    See - this right here is why I love this blog. In one thread - flip flog keg party - in another, supreme court justice speeches. Ok, I just came from a mind numbing, soul crushing black tie event. Following supreme court rulings is actually a bit of a hobby of mine. It really is the seat of power in this country, doncha think? Thank you Thor.
    First amendment - since no one yet answered your question Thor:

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

  7. 12 Apr 2008 at 11:18 pmlolo said:

    Interesting point from Justice O’Connor from firstamedmentcenter.org

    But Justice Sandra Day O’Connor had a more principled explanation that seemed to drive her own surprisingly strong stance against the Ten Commandment displays in Texas as well as Kentucky. Maintaining a sometimes wandering boundary between church and state, she seemed to say, is the key to avoiding the religious strife that besets many parts of the world.

    “At a time when we see around the world the violent consequences of the assumption of religious authority by government, Americans may count themselves fortunate: Our regard for constitutional boundaries has protected us from similar travails, while allowing private religious exercise to flourish,” O’Connor wrote. “Those who would renegotiate the boundaries between church and state must therefore answer a difficult question: Why would we trade a system that has served us so well for one that has served others so poorly?”

  8. 13 Apr 2008 at 1:27 amThor said:

    lolo are you a sorority girl in disguise?

  9. 13 Apr 2008 at 1:58 amTuesday said:

    He came? I didn’t know?!!!!!!!!!!!! I think I may cry.

  10. 13 Apr 2008 at 10:46 amlolo said:

    no - i am not

  11. 13 Apr 2008 at 4:49 pmbelmont yo said:

    He came?

    Viagra’s a hell of a drug.

  12. 14 Apr 2008 at 10:23 amSmiley said:

    Please correct the spelling of “Seperate” to “Separate” in the headline.

    /filling in for Stanley

  13. 14 Apr 2008 at 10:33 amStanley said:

    I submit an amicus curiae brief in support of #12.

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