Tuesday, June 28, 2005
I believe that Jonah Goldberg has apprehended the gist of the recent 10 Commandments cases precisely.
I will add only one thing, though it makes his formulation less elegant. The reason why it was permissable to display the 10 Commandments in the past, but impermissable to put up a new display now, is that while in the past the officers of our government more regularly paid respect to religion, in the view of the Court, they didn't really mean it, whereas those who do so today do mean it.
So: the 10 Commandments used to be constitutional because we used to say this was a religious country, but we really weren't. Now, when we really are a religious country, we need to say we aren't, and hence they are unconstitutional.