(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . There Is No "Wall of Separation" in the Text of The Constitution [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.', 'Backgroundurl Avatar_Large', 'Nickname', 'Joined', 'Created_At', 'Story Count', 'N_Stories', 'Comment Count', 'N_Comments', 'Popular Tags'] Date: 2022-07-19 Joshua at The Battle of Jericho “Joshua Fit the Battle of Jericho,” sings Mahalia Jackson, “And the walls came tumbling down.” It’s in the Bible. We are eager to ignore Lauren Boebert as a special case of Short Bus American Exceptionalism because she said the quiet part out loud, which is becoming SOP on the fringe, No more dog whistles. It sounds crazy, right? “What wall of separation?” We should not be too glib or hasty. It’s not crazy to a textualist/originalist on the SCOTUS who is also a religious fanatic and an ideologue “ABORTION” is not the goal, it is just the shot across the bow of the Ship of State. Their real goal and always has been a new form of American Theocracy. And they have looked to their Bible, marched around Roe v Wade and blown their horns, and the walls came tumbling down. Next is Privacy. And then The very wall itself, which can be found nowhere in the Constitution itself. Our Constitution is as vague and ambiguous as marriage, Sorry, Folks. We know from documents and writings of the time that the founders didn’t agree on the Constitution before, during, and after it was written. They couldn’t even agree on whether it should be written, with many fighting against it on principle. The debates were harsh and sometimes violent, nearly tearing the country apart before it had been fully established. Others only agreed to the Constitution if a Bill of Rights were to be added, while others resisted a Bill of Rights for the very reason they were seen as too specific. It should be noted that the Bill of Rights, the most detailed part of the Constitution, was only added later (ratified years after the Constitution) and was the most strongly contested part. Yet, it too has problems, as Leonard W. Levy explained (Original Intent and the Framers’ Constitution, p. 340): “Even the seemingly specific injunctions and provisions of the Bill of Rights are vague, requiring much interpretation.” “ABORTION” is gone because the term is not in the text of the Constitution. Neither is “PRIVACY” anywhere in the text of the Constitution and that is the next low-hanging fruit they are coming after basically the right to marry and all sex-related freedoms are under the penumbra of the Constitutional construction of the Zone of Privacy. “Privacy” is another word not found in the text of the Constitution. It is contorted and inconsistent legal thinking, mixed with a blend of textualism and originalism and a tacit religious bias that did not exist in the minds of the Framers but has been imputed to the Framers themselves because they cannot protest the anachronism. Textualism is a mode of legal interpretation that focuses on the plain meaning of the text of a legal document. Textualism usually emphasizes how the terms in the Constitution would be understood by people at the time they were ratified, as well as the context in which those terms appear.1 Textualists usually believe there is an objective meaning of the text, and they do not typically inquire into questions regarding the intent of the drafters, adopters, or ratifiers of the Constitution and its amendments when deriving meaning from the text.2 They are concerned primarily with the plain, or popular, meaning of the text of the Constitution. Nor are textualists concerned with the practical consequences of a decision; rather, they are wary of the Court acting to refine or revise constitutional texts.3 If you have never seen or read Michelle Goldberg’s Kingdom Come. Get caught up. This will be a religious war between heretics and fanatics and what I’ll call “people of faith.” This is a little hint: Atheists are “people of faith.” Science is just a progress report. Like most ‘progress reports it documents the numerous times science has been wrong. Trial and error. [END] --- [1] Url: https://www.dailykos.com/stories/2022/7/19/2110967/--There-Is-No-Wall-of-Separation-in-the-Text-of-The-Constitution Published and (C) by Daily Kos Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/dailykos/