The Volokh Conspiracy
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Today in Supreme Court History: July 30, 1956
7/30/1956: Congress enacted a resolution, declaring that the motto of the United States is "In God we Trust." The Supreme Court declined to grant review in Newdow v.Congress, which considered the constitutionality of that motto.
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Not even the constitution is persuasive to judges. This obvious violation of the Establishment Clause is acceptable. Judge decisions reflect judge self interest foremost, then, political interests, local culture, personal feelings, temporary bad moods, arbitrary and capricious mental coin flipping, intellectual laziness. Then, maybe the wording of the constitution exerts a tiny influence, then maybe the clear language of a statute, and last comes, well crafted lawyer argument.
Eugene told a commenter his use of a curse word was not persuasive. Well, neither are Eugene's well crafted amicus briefs. Eugene should disclose the fraction of his court filings that have been on the winning side. If they are close to 50%, their effect is nil, and from random chance. If the fraction is close to 50%, everyone else is wasting time as well.
One can take a short cut to the No. 1 item on this list of most powerful judge influences, the personal self interest of the judge, by visiting one, and beating their ass. To deter.
FYI, the SC declined to review because the father didn't have standing (he was divorced and didn't have custody).
They didn't decide on the merits.
As a non-religious type, this one doesn't bother me a whole lot since it's just a motto and there's no govt compelling me to do something.
In God We Trust
Skeptics pointed out, in studies of the efficacy of prayer, which were judged as not needing consent, that, given the behaviors of God in the Bible, perhaps that wasn't such a great idea.
Off topic, are you bothered by the plagiarism of the catechism by the American lawyer profession in statutes, in common law, in practice?
Plagiarism of what catechism? American law contains things that it inherited from other legal systems, including some religious legal systems, but so what? Do you really object to murder being illegal because it also happens to violate one of the Ten Commandments?
One Code of Hammurabi coming right up!
I like it when the motto is on some public building and the first “T” has fallen off.
"cap crisis"?
That's happened too.
O thus be it ever, when freemen shall stand
Between their loved homes and the war's desolation.
Blest with vict'ry and peace, may the Heav'n rescued land
Praise the Power that hath made and preserved us a nation!
Then conquer we must, when our cause it is just,
And this be our motto: 'In God is our trust.'
And the star-spangled banner in triumph shall wave
O'er the land of the free and the home of the brave!
We should have a contest to see how many logical fallacies that stanza contains. Start with assumes facts not in evidence, and conclusion doesn't necessarily follow. But if it makes you feel good.
Not sure what you're getting at.
It's babble. It is what happens when someone who really doesn't understand logic holds discourse on it.
There are no logical fallacies in that statement.
"The heaven rescued land" assumes facts not in evidence.
"Then conquer we must when our cause it is just" is a conclusion that doesn't necessarily follow from the premise; plenty of just causes fail all the time.
Those are the two most obvious; there are probably others.
It's not a logical fallacy because it is not a statement of logical argument. It is a poetic description of what the author sees and what he feels. In fact, there is no logic here to be wrong. It is an evocation of mood.
OK, if you're conceding that it's all emotion and no logic, then I guess we aren't that far apart.
It is childish superstition ascribable to a less advanced time and a substandard author.
Logic is not relevant when "just because" is claimed to be a perfectly good argument.
Though I was just interested in the early use of "In God is our trust," and I'm not invested in the 100% accuracy of the anthem, especially after the 1st verse since that's the only one people sing, still I thought I'd make some comments -
I thought "conquer we must" was a rallying cry, telling Americans what *they* had to do (but only if the cause is just), not presuming on what God will allow, but I could be wrong.
Yes, there was a broad assumption among patriots that it wasn't our own unaided efforts which kept us free from foreign domination. The flip side of acknowledging God's role is to acknowledge that He might withdraw his protection and that we should repent of our collective sins.
"Congress proclaimed days of fasting and of thanksgiving annually throughout the Revolutionary War. This proclamation by Congress set May 17, 1776, as a "day of Humiliation, Fasting and Prayer" throughout the colonies. Congress urges its fellow citizens to "confess and bewail our manifold sins and transgressions, and by a sincere repentance and amendment of life, appease his [God's] righteous displeasure, and through the merits and mediation of Jesus Christ, obtain his pardon and forgiveness." Massachusetts ordered a "suitable Number" of these proclamations be printed so "that each of the religious Assemblies in this Colony, may be furnished with a Copy of the same" and added the motto "God Save This People" as a substitute for "God Save the King.""
https://www.loc.gov/exhibits/religion/rel04.html#obj107
Jefferson on slavery -
"And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the gift of God? That they are not to be violated but with his wrath? Indeed I tremble for my country when I reflect that God is just: that his justice cannot sleep for ever: that considering numbers, nature and natural means only, a revolution of the wheel of fortune, an exchange of situation, is among possible events: that it may become probable by supernatural interference! The Almighty has no attribute which can take side with us in such a contest."
https://teachingamericanhistory.org/library/document/notes-on-the-state-of-virginia-query-xviii-manners/
I was once told that actions speak louder than words.
Sometimes music speaks eloquently.
Carry on, clingers.
"In God We Trust," goes back much farther than 1956. It was added to U.S. coinage in 1866, right after the civil war. In a way, it signaled a de-secularization, by replacing symbolically the liberty cap symbol, which appeared widely on several denominations of coins previously—until southerners demanded that it be removed in the years just prior to the civil war.
It goes back a little farther, to the coinage act of 1864, under which it went on two and three cent coins. But it didn't go onto coins in general until after the Civil War as you said. (That was by an 1865 law, but the coins were minted the next year.) It wasn't mandatory, so a lot of coins didn't have it.
I prefer "E Pluribus Unum" as a motto, and it's required on coins, but apparently not on paper currency.
In God We Trust, and that's our problem.
See above - the trust in God wasn't traditionally based on presumption but on bewailing our national sins which might provoke God into withdrawing the divine protection.
In Geographic Isolation We Trust.
In the War of 1812?
Nor Pearl Harbor.
And yet, it seems perfectly obvious to me that America has had to fight fewer defensive wars in its history than comparable countries elsewhere, and that contributed immensely to this nation's ability to grow and prosper.
It's not God that protects us- its the oceans.
". . . but on bewailing our national sins which might provoke God into withdrawing the divine protection."
Isn't that the Westboro Baptist Church mantra?
That, "God punishes the United States for its tolerance of homosexuality, particularly within the military."
You made quite a leap there.
You know who else wears pants? Hitler, that's who.
Hitler owned a dog, too.
All others pay cash.
"Jesus is coming...look busy."
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