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.

Comments

[The Margrave of Azilia]

But can God trust *us*?

[John F. Carr]

A variant of the old exchange:

"I don't believe in God."
"That's OK, He believes in you."

[Dan Schiavetta]

Perez v. United States, 1970 WL 105758 (decided July 30, 1970): Harlan affirms the Second Circuit's denial of bail; defendant had been convicted under a statute which had just been struck down by the Court on due process grounds in another case (Leary v. United States, 395 U.S. 6); Harlan says the issue of retroactivity should be examined by the full Court and it will come up next term; he also says it is hard for a Circuit Justice to rule on bail requests when the lower court (as here) gives no reason why bail was denied

Maryland v. King, 567 U.S. 1301 (decided July 30, 2012): Roberts refuses to stay Maryland appellate judgment striking down on Fourth Amendment grounds statute allowing the police to draw DNA samples from arrestees; notes the split of authority below and believes the Court would grant cert and reverse (which it did, 569 U.S. 435, 2013)

[Area Man]

This is incorrect re MD v. King. Roberts did NOT refuse the stay, he granted it.

[Dan Schiavetta]

Sorry —I meant to say he refused to stay operation of the statute. Thanks for pointing this out.

[Armchair Lawyer]

Perhaps you should let Josh handle these from now on...

[David Nieporent]

Maryland v. King; a terrible Kennedy decision, revolving around making up facts that didn't apply to the case and then ruling as if those were the facts. (I'm talking about the ultimate decision, obviously, not Roberts' decision on the stay.)

[PeteRR]

"...all others pay cash."

[Mr. Bumble]

What a quaint idea. Is there an app for that?

[Frank Drackman]

Sure sounds like a law "Respecting an establishment of Religion" to me, they're not supposed to do that.

[Jazzizhep]

I know, right? We have been living under a theocracy ever since.

[JasonT20]

The Supreme Court declined to grant review in Newdow v.Congress, which considered the constitutionality of that motto.

Uh, looking that case up, it wasn't about "In God We Trust", it was about "under God" in the Pledge of Allegiance. Oops

https://www.oyez.org/cases/2003/02-1624

SCOTUS ruled that Newdow didn't have standing, and vacated the 9th Circuit ruling in his favor. The question SCOTUS answered was framed as to whether he had standing to challenge whether teachers could be required to lead "willing" students in the Pledge with those words included. There was also a dispute between the father and the mother over the issue. She had full legal custody to represent their daughter's interests, even though they had shared physical custody. They actually never seemed to address whether it violated the Establishment Clause or interfered with his right to direct the religious education of his daughter in the public school.

[JasonT20]

I seem to remember there being a case brought by an atheist about the motto being on money, but the one Blackman cited is definitely not it.

[Rev. Arthur L. Kirkland]

JasonT20 is awarded the Noble Prize for achievement in identifying error in Today In Supreme Court history.

Madison1782 appears to merit honorable mention.

The Noble Prize Committee thanks legal scholarship (South Texas-Georgetown style), without which the Noble Prizes would be neither possible nor necessary.

Carry on, clingers.

Make that Prof. Clingers.

[Frank Drackman]

Ahh, "Reverend" Sandusky, a new week, and you've got a whole new supply of "Klingers" (no "Bitters"??? I love Bitters myself, especially the Angostura variety...)
Just wondering, you ever worry that one of your former "Players" will end up at https://www.cor.pa.gov/Facilities/StatePrisons/Pages/Greene.aspx
for something unrelated to your abuse, but recognizes you in the shower????

Frank "Never showered at school, gotta wonder about men who's job requires them to watch young boys shower"

[Jimmy the Dane]

OK Groomer.

[Krayt]

Very appropriate!

Religion and politics aren't just similar phenomena, in that you don't talk about them at polite cocktail parties. They are the exact same phenomenon.

Large groups of ideas evolved to spread to other people. When they spread to sufficient people, they get the brass ring of power, and need no longer rely on persuasion, but can use force to make people do what they want.

Are you a modern atheist who loves Big Brother? Congratulations! You are the evil you loathe, for the exact same reason.

The First Amendment's religious portion disabled religious memeplexes (groups of memes AKA ideas working together) from direct control, but only got the job half done.

There should be separation of economics and state, just as there is separation of church and state, for the exact same reason.

Some of us trust in no gods.

[Madison1782]

Professor - is the date correct? I found an earlier reference on https://www.congress.gov/bill/84th-congress/house-bill/619/text July 11, 1955.

1955: P.L. 84-140, 69 Stat. 290 July 30 , 1956, July 11, 1955 two years after pushing to have the phrase “under God” inserted into the pledge of allegiance, President Dwight D. Eisenhower signs a law officially declaring “In God We Trust” to be the nation’s official motto.

[Krayt]

Back then, they were afraid of communism as a challenge to power. It never would be, economically. But it sure sounds seductive and "works" in the mind that way. And therefore goobers feel the right to force you to kneel to it, too.

See my other post above regarding religion and politics being the same phenomenon.

[Madison1782]

Thanks. That part of my post was inadvertent, copied from history.com.

my intended point was that it appears that the Prof used an incorrect date for the legislation, at least based on congress.gov, which seems to be a pretty primary source.

[The Margrave of Azilia]

Incidentally, I've often seen in the media where they put scare quotes around the "Godless" in Godless communism. As if it's a matter of dispute whether communist regimes like the Soviet Union were atheist.

[JasonT20]

They were officially atheist, yes. And they definitely suppressed religion in lots of ways. But if it had been fully successful, 70 years of Soviet Communism would have left virtually no one left to be Russian Orthodox. In reality, even Stalin would use the Russian Orthodox Church when it was convenient. The Soviet system also allowed each of the Soviet republics to maintain its national (and religious identity), which included ones with large Muslim populations.

Practical politics beat out rigid ideology.

[The Margrave of Azilia]

The atheist regime was happy to work with religious groups who had been duped or coerced. Doesn't make them less atheist.

I'm reminded of the (perhaps apocryphal) story of the Orthodox bishop who got a peek at his government file, and said, "they say I'm atheist, thank God!"

[JasonT20]

The atheist regime was happy to work with religious groups who had been duped or coerced. Doesn't make them less atheist.

Sure, but that still leaves me wondering what your point is. Atheists are bad because commies?

[The Margrave of Azilia]

No, that the Soviets were atheists.

[Drewski]

History is full of religious communes, including many Catholic monasteries and Israeli kibbutzim. Members of the Bruderhof, for example, are far more religious than you are, since they wouldn't invoke God in vain for political rhetoric as you just did.

[The Margrave of Azilia]

They're pretty much the same, if you ignore the difference between voluntary and involuntary communism.

Of course, *I* didn't introduce the subject of communism.

[Frank Drackman]

Quit going to Sin O' Gogue a few years back, my "Conservative" Sin O' Gogue backed Black Moose-lum(HT B. Sanders) War-lock, the Reform Gogue's were even worse, and I'm not ready to take the Orthodox Plunge (love Bacon too much)....
Bottom Line? J-Hay hasn't struck me down with his terrible swift sword (probably because it's made up superstition) and my bottom line's soared, now I'm the Jewish Doctor who works Christian AND Jewish Holidays (gotta start working Ramma-lamma-Ding-Dong too, actually I think I do)

Frank "Bah, Hum bug!"

[Rev. Arthur L. Kirkland]

Choose reason. Every time.

Choose reason. Every time. Especially over sacred ignorance and dogmatic intolerance. Most especially if you are older than 12 or so. By then, childhood indoctrination fades as an excuse for gullibility, ignorance, backwardness, bigotry, and superstition. By adulthood -- this includes ostensible adulthood -- it is no excuse.

Choose reason. Every time. And education, modernity, diversity, science, progress, freedom, and inclusiveness. Avoid ignorance, bigotry, superstition, backwardness, insularity, authoritarianism, dogma, and pining for "good old days" that never existed. Not 75 years ago. Not 175 years ago. Not 2,000 years ago. Not ever, except in fairy tales.

Choose reason. Every time. Be an adult.

Or, at least, please try.

Thank you.

[Jimmy the Dane]

This guy was a useful idiot of the left back in the 2000's. Him and that Cindy Sheahan who they both abandoned as soon as the clock struck 2010. Now their whereabouts can be found of the the dictionary definition of "has been"....

[DaivdBehar]

Rhoid. Cool comment, bruh. Dude, I look forward to your comment every day.

[John F. Carr]

The due process part of _Leary_ involved a statutory presumption that a person with marijuana knew it had been illegally imported. The presumption was unconstitutional. Perhaps the defendant held on bail could be convicted without aid of the presumption. (This was a year before _In re Winship_.)

[Noscitur a sociis]

See 445 F.2d 791—he still ended up with a valid conviction.

[DaivdBehar]

Another lawyer failure. Half the suicides are legally drunk. Half the murder victims, half the murderers are. Most aggression crimes involve intoxication by alcohol.

There are 50 fatal crashes from marijuana each year. No one has committed suicide with a bunch of cannabis in their blood. People want to lay around and to eat, not to hurt other people.

Naturally, alcohol is legal and advertised. Marijuana remains illegal and underground.

Thank the lawyer dumbass.

[Seamus]

Robert L. Doughton may not have been a lawyer, but he knew that the constitution doesn't authorize Congress to ban marijuana that only moves in intrastate commerce. (After all, prohibition of alcohol required a constitutional amendment. None of this "affects commerce" crap.) So he knew if he wanted federal suppression of marijuana, he'd have to use the taxing power.

It was lawyers who came up with clever arguments about how "interstate commerce" actually means "anything that affects commerce," and how "anything that affects commerce" actually means "anything at all," even growing marijuana in your own backyard and consuming it yourself to control your medical ailments.

[DaivdBehar]

Of course, Queenie is like a child. Do Representatives write any law? Or, do they submit laws drafted by staff lawyers and do as they are told?