I think we should ban together to show what "Strict Construction" and Originalism really mean in the law.
Clearly since Bush promotes it as what his CONservative base wants, they all think they want it.
It is time to teach them the old lesson of be careful of what you want because you just might get it.
The religious right thinks that since in this century they started to convince some of their own cultist politicians that the U.S. is a "christian" nation, and thus we should use the word "god" on our money and in our pledge and that Christmas should be a holiday.
Perhaps it is time to give them a little history lesson. To teach them that "Strict Construction" & "originalism" may not really be what they want in their jurists.
If the "strict constructionalists" and "originalists" look to the founding fathers to find out how to interpret the constitution and what they meant when founding the country -- wouldn't it be instructive to them if we pointed out the writings about religion at the time the country was founded?
In particular, I'm thinking of the documents where our founding fathers specifically declared that the U.S. is NOT a Christian Nation.
For example:
Article 11 of the Treaty of Tripoli
As the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquillity, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.
or how about some of Jefferson's comments?
I have examined all the known superstitions of the world, and I do not find in our particular superstition of Christianity one redeeming feature. They are all alike founded on fables and mythology. Millions of innocent men, women and children, since the introduction of Christianity, have been burnt, tortured, fined and imprisoned. What has been the effect of this coercion? To make one half the world fools and the other half hypocrites; to support roguery and error all over the earth.
or
Christianity [is the] most perverted system that ever shone on man. ...Rogueries, absurdities and untruths were perpetrated upon the teachings of Jesus by a large band of dupes and importers led by Paul, the first great corrupter of the teaching of Jesus.
oh, or
The clergy converted the simple teachings of Jesus into an engine for enslaving mankind and adulterated by artificial constructions into a contrivance to filch wealth and power to themselves...these clergy, in fact, constitute the real Anti-Christ.
How About John Adams?
The doctrine of the divinity of Jesus is made a convenient cover for absurdity.
or who said:
The Christian church has set up a religion of pomp and revenue in pretended imitation of a person (Jesus) who lived a life of poverty.
How about James Madison:
What influence in fact have Christian ecclesiastical establishments had on civil society? In many instances they have been upholding the thrones of political tyranny. In no instance have they been seen as the guardians of the liberties of the people. Rulers who wished to subvert the public liberty have found in the clergy convenient auxiliaries. A just government, instituted to secure and perpetuate liberty, does not need the clergy.
Perhaps we should start to discuss what types of cases we should be taking up to remind our "strict constructionist" and "originalist" jurists of the true intent of the founding fathers. It will take years to get to the Supreme Court -- but what fun it will be all the way there to completely annoy all the fanatics and watch them try to fight for their own delusional beliefs.