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12/10/2015 7:48:47 PM Is separation of church and state a good idea?  

w6o6l6f_1
Over 10,000 Posts!!! (10,239)
Richmond, VA
38, joined May. 2014


1. Yes
2. No
3. I support Sharia Law
4. This country was founded on Christianism, Trump rules.
5. Justice is blind and Atheist
6. Climate change is a problem


Under God we trust.




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12/10/2015 9:08:08 PM Is separation of church and state a good idea?  

jrbogie1949
Over 10,000 Posts!!! (13,836)
Red Bluff, CA
67, joined Mar. 2009


most everything in the constitution, as amended, is a good idea. greatest form of government on the planet.

12/11/2015 2:06:06 AM Is separation of church and state a good idea?  

w6o6l6f_1
Over 10,000 Posts!!! (10,239)
Richmond, VA
38, joined May. 2014


I know the answer.
Have it written on my sleeve.

12/11/2015 8:48:33 AM Is separation of church and state a good idea?  

olderthandirt20
Over 4,000 Posts! (4,625)
Waldron, AR
69, joined Jul. 2014


It's a great idea. Theocracies caused the dark ages in Europe and the middle east.

12/11/2015 8:52:27 AM Is separation of church and state a good idea?  

nonstandard
Over 2,000 Posts (3,665)
York, PA
53, joined Jun. 2009


Masons wanted freedom , Jesus wanted freedom . Like it , or not , we wanted freedom too .

12/11/2015 8:59:18 AM Is separation of church and state a good idea?  

nonstandard
Over 2,000 Posts (3,665)
York, PA
53, joined Jun. 2009


We will die for freedom , because its the most amazing thing on earth .

12/11/2015 9:27:19 AM Is separation of church and state a good idea?  

rufftreasure
Over 10,000 Posts!!! (15,970)
Fairmont, MN
61, joined Jun. 2014


I voted yes, only way to keep fundies from runnin amok!!!

12/11/2015 9:28:33 AM Is separation of church and state a good idea?  
m_gonzales
Over 10,000 Posts!!! (10,863)
San Antonio, TX
26, joined Sep. 2012


Quote from jrbogie1949:
most everything in the constitution, as amended, is a good idea. greatest form of government on the planet.


Not so sure about that electoral college system though.

12/11/2015 10:40:02 AM Is separation of church and state a good idea?  

followjesusonly
Over 7,500 Posts!! (7,931)
Kingman, AZ
73, joined May. 2012
online now!


Quote from m_gonzales:
Not so sure about that electoral college system though.


I agree. The electoral college system sucks. And there's a lot of nations successfully using the Parliamentarian system too.

12/14/2015 1:07:10 PM Is separation of church and state a good idea?  

w6o6l6f_1
Over 10,000 Posts!!! (10,239)
Richmond, VA
38, joined May. 2014


It is going to far when schools ban anything to do with Christmas.
No trees, no stars, no Angels, no red & green decorations.

When I was a kid, we made ornaments as a class activity. It was fun.
Not any more.

12/14/2015 6:12:35 PM Is separation of church and state a good idea?  

jester0011
Over 10,000 Posts!!! (28,799)
Lake Waccamaw, NC
48, joined Jun. 2014


it already is

12/15/2015 8:26:50 AM Is separation of church and state a good idea?  

nonstandard
Over 2,000 Posts (3,665)
York, PA
53, joined Jun. 2009


Quote from w6o6l6f_1:
It is going to far when schools ban anything to do with Christmas.
No trees, no stars, no Angels, no red & green decorations.

When I was a kid, we made ornaments as a class activity. It was fun.
Not any more.


Its a shame , October , November , and December , was one celebration after the other .

Even commercialism , would be better , than nothing at all .


"American tradition" is an "American celebration" , f**k the whiners .

12/15/2015 8:43:50 AM Is separation of church and state a good idea?  

nonstandard
Over 2,000 Posts (3,665)
York, PA
53, joined Jun. 2009


The foreigners , don't care , many can enjoy our happiness . Its our own "so called Americans" , that say , that we don't live up to their standards .

F**king morons ....

12/15/2015 9:10:25 AM Is separation of church and state a good idea?  

nonstandard
Over 2,000 Posts (3,665)
York, PA
53, joined Jun. 2009


Its because of the whiners , those that cried , "OMG , we're all going to burn in hell , because or kids are having a good time !!!"

12/16/2015 10:36:18 AM Is separation of church and state a good idea?  

smthgabouther
Over 7,500 Posts!! (8,095)
Baltimore, MD
35, joined Dec. 2012


I do not support separation of church and state.

12/16/2015 11:04:32 AM Is separation of church and state a good idea?  

sail_dancer
Over 7,500 Posts!! (8,520)
Saint Petersburg, FL
68, joined Apr. 2010


Quote from smthgabouther:
I do not support separation of church and state.



How can you NOT?????

Government should be for all the people (regardless of their faith) ..... a religion has its own unique set of beliefs ..... the two are completely different and should be independent of each other.

How would you like it if islam took a major part in our government? ..... would this be fair to the citizens that were non-islamic?

Peace

12/16/2015 2:32:17 PM Is separation of church and state a good idea?  
ron6280a
Over 2,000 Posts (2,281)
Detroit, MI
54, joined Oct. 2013


Quote from sail_dancer:


How would you like it if islam took a major part in our government?


She would love it. I see you're not familiar with her post hx.

12/16/2015 6:36:16 PM Is separation of church and state a good idea?  

olderthandirt20
Over 4,000 Posts! (4,625)
Waldron, AR
69, joined Jul. 2014


Quote from ron6280a:
She would love it. I see you're not familiar with her post hx.



I bet she voted 3
She should live in Syria, she thinks she would be happy there

12/16/2015 6:49:35 PM Is separation of church and state a good idea?  
clarence2
Over 1,000 Posts (1,554)
South Yorkshire
United Kingdom
58, joined May. 2011


Or maybe Saudi Arabia, where women aren't allowed to drive cars, or leave the house unless accompanied by a male escort, and where religious police prevented 15 schoolgirls from leaving a burning building in order to preserve their modesty.

http://news.bbc.co.uk/1/hi/world/middle_east/1874471.stm

Religions need the restraining influence of existing in a secular state to keep their worst excesses in check.



[Edited 12/16/2015 6:52:43 PM ]

12/16/2015 6:58:50 PM Is separation of church and state a good idea?  

sail_dancer
Over 7,500 Posts!! (8,520)
Saint Petersburg, FL
68, joined Apr. 2010


Quote from clarence2:
Religions need the restraining influence of existing in a secular state to keep their worst excesses in check.


Excellent point!

Peace

12/31/2015 12:28:03 PM Is separation of church and state a good idea?  

thebard58
Over 7,500 Posts!! (9,804)
Hermiston, OR
57, joined Jul. 2010


I must agree with Clarence about the need to control excesses.
In fact, I would say that this principle is the primary, historic reason behind the mention of religion in the first amendment.

But, the most important aspect is balance. And, in this respect, theological groups may present a counterpoint to the strictly secular (and by design amoral) institution of civil government.

I agree with separation of church and state.
What I do not agree with is using this idea as an excuse to suppress public expression of religious faith. As this is diametrically opposed to the prime principle.

Mr. Trump is another subject altogether.
IMO his popularity is based upon rank emotional reaction.
But then, tragically, our entire elective process has become nothing more than the same.

12/31/2015 3:13:04 PM Is separation of church and state a good idea?  

followjesusonly
Over 7,500 Posts!! (7,931)
Kingman, AZ
73, joined May. 2012
online now!


Where have you been since May 24th?

Quote from thebard58:
I must agree with Clarence about the need to control excesses.
In fact, I would say that this principle is the primary, historic reason behind the mention of religion in the first amendment.

But, the most important aspect is balance. And, in this respect, theological groups may present a counterpoint to the strictly secular (and by design amoral) institution of civil government.

I agree with separation of church and state.
What I do not agree with is using this idea as an excuse to suppress public expression of religious faith. As this is diametrically opposed to the prime principle.

Mr. Trump is another subject altogether.
IMO his popularity is based upon rank emotional reaction.
But then, tragically, our entire elective process has become nothing more than the same.


12/31/2015 3:27:49 PM Is separation of church and state a good idea?  

sail_dancer
Over 7,500 Posts!! (8,520)
Saint Petersburg, FL
68, joined Apr. 2010


Quote from thebard58:
... theological groups may present a counterpoint to the strictly secular (and by design amoral) institution of civil government.



I think you should clarify what you meant by that. Are you suggesting that "secular" equates to "amoral"? If so ..... you have a lot of explaining to do.

Peace

12/31/2015 3:30:49 PM Is separation of church and state a good idea?  

aphrodisianus
Over 1,000 Posts (1,600)
Leander, TX
66, joined Oct. 2013


Bard's morality comes from superstitions written long ago by sheep herders and men who conversed with burning shrubbery. Why take a mental illness and call it a moral religious belief?







[Edited 12/31/2015 3:31:06 PM ]

12/31/2015 9:10:57 PM Is separation of church and state a good idea?  

jrbogie1949
Over 10,000 Posts!!! (13,836)
Red Bluff, CA
67, joined Mar. 2009


Quote from thebard58:

I agree with separation of church and state.
What I do not agree with is using this idea as an excuse to suppress public expression of religious faith. As this is diametrically opposed to the prime principle.



perhaps you can give an example of the establishment clause being used as an excuse to suppress public expression of religious faith. in other words, how does the word of law become an excuse? of course what you refer to as 'the prime principle' is mere opinion.

12/31/2015 9:14:58 PM Is separation of church and state a good idea?  

jrbogie1949
Over 10,000 Posts!!! (13,836)
Red Bluff, CA
67, joined Mar. 2009


Quote from sail_dancer:


I think you should clarify what you meant by that. Are you suggesting that "secular" equates to "amoral"? If so ..... you have a lot of explaining to do.

Peace


i have to think bard doesn't understand the meaning of the word.

1/1/2016 12:11:20 AM Is separation of church and state a good idea?  

smthgabouther
Over 7,500 Posts!! (8,095)
Baltimore, MD
35, joined Dec. 2012


No

1/1/2016 12:15:49 AM Is separation of church and state a good idea?  

smthgabouther
Over 7,500 Posts!! (8,095)
Baltimore, MD
35, joined Dec. 2012


Quote from nonstandard:
We will die for freedom , because its the most amazing thing on earth .



Then why didnt whites care about Black's freedom? Why did they bring us here to be slaves if they care so much about freedom?

1/1/2016 12:21:59 AM Is separation of church and state a good idea?  

nonstandard
Over 2,000 Posts (3,665)
York, PA
53, joined Jun. 2009


Quote from smthgabouther:
Then why didnt whites care about Black's freedom? Why did they bring us here to be slaves if they care so much about freedom?


They did'nt , they never did . It was beaten against their brains , until they could no longer defend themselves .

1/1/2016 12:24:19 AM Is separation of church and state a good idea?  
ron6280a
Over 2,000 Posts (2,281)
Detroit, MI
54, joined Oct. 2013


Quote from smthgabouther:
Then why didnt whites care about Black's freedom? Why did they bring us here to be slaves if they care so much about freedom?


So......are you even trying to turn your life around and get your children back from the state?

1/1/2016 12:40:14 AM Is separation of church and state a good idea?  

nonstandard
Over 2,000 Posts (3,665)
York, PA
53, joined Jun. 2009


Quote from smthgabouther:
Then why didnt whites care about Black's freedom? Why did they bring us here to be slaves if they care so much about freedom?


Every ultimatum was there before the ultimatum . We kill to appease not a god , but an animal that masquerades as a god .

1/1/2016 1:40:07 PM Is separation of church and state a good idea?  

thebard58
Over 7,500 Posts!! (9,804)
Hermiston, OR
57, joined Jul. 2010


Sail

The explanation

In reality, the "morality" of any government, exists only through/by those with authority.
In previous times in history, governance was generally either by a spiritual leader, or military conquest (which brings up a whole different discussion about "moral", but I would simply classify such as "amoral"- meaning that "morality is not the basis, in such a case).

Unlike monarchies that were ruled by decree of a single leader (often supposedly with "divine guidance"), or theocracies ruled by a moral codex (such as Mosaic, or Sharia law), our government was designed to leave religious, and moral issues to the people.

With a nod to Mr. Locke (whom some of the founders greatly respected, and others detested), the COTUS is really nothing more, or less, than a "social contract". It was merely a tool to protect against foreign invasion, establish a system of jurisprudence, and facilitate commerce. (To replace those functions that had hitherto been the responsibility of the monarchy).

While the "bill of rights" (which, as I mentioned in another post was an addition by the representatives of the states, as a condition to joining the union) might be deemed statements of moral position, the body of the COTUS really contains no moral statements.

IMO John Adams best illuminated this reality, in a statement within his first address to congress (23 November 1797)

“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”

Morality is left to the people. The government, as an institution, is amoral. (Neither moral, nor immoral- though some would argue that any system of government is immoral, by it's very existence).



[Edited 1/1/2016 1:40:22 PM ]

1/1/2016 4:29:56 PM Is separation of church and state a good idea?  

sail_dancer
Over 7,500 Posts!! (8,520)
Saint Petersburg, FL
68, joined Apr. 2010


Quote from thebard58:
Sail

The explanation

In reality, the "morality" of any government, exists only through/by those with authority.
In previous times in history, governance was generally either by a spiritual leader, or military conquest (which brings up a whole different discussion about "moral", but I would simply classify such as "amoral"- meaning that "morality is not the basis, in such a case).

Unlike monarchies that were ruled by decree of a single leader (often supposedly with "divine guidance"), or theocracies ruled by a moral codex (such as Mosaic, or Sharia law), our government was designed to leave religious, and moral issues to the people.

With a nod to Mr. Locke (whom some of the founders greatly respected, and others detested), the COTUS is really nothing more, or less, than a "social contract". It was merely a tool to protect against foreign invasion, establish a system of jurisprudence, and facilitate commerce. (To replace those functions that had hitherto been the responsibility of the monarchy).

While the "bill of rights" (which, as I mentioned in another post was an addition by the representatives of the states, as a condition to joining the union) might be deemed statements of moral position, the body of the COTUS really contains no moral statements.

IMO John Adams best illuminated this reality, in a statement within his first address to congress (23 November 1797)

“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”

Morality is left to the people. The government, as an institution, is amoral. (Neither moral, nor immoral- though some would argue that any system of government is immoral, by it's very existence).


Your original statement:

Quote from thebard58:
theological groups may present a counterpoint to the strictly secular (and by design amoral) institution of civil government.


So ..... are you now saying that you don't equate "secular" to "amoral" ..... but simply consider civil government to be "amoral" in general?

Peace

1/1/2016 4:44:07 PM Is separation of church and state a good idea?  
clarence2
Over 1,000 Posts (1,554)
South Yorkshire
United Kingdom
58, joined May. 2011


.
Quote from thebard58:

Morality is left to the people. The government, as an institution, is amoral. (Neither moral, nor immoral- though some would argue that any system of government is immoral, by it's very existence).

Governments are deeply involved in proposing, debating and enacting laws based on notions of right and wrong behaviour aka morals, so I don't know where you get the notion that secular governments are amoral.

1/1/2016 5:19:41 PM Is separation of church and state a good idea?  

sail_dancer
Over 7,500 Posts!! (8,520)
Saint Petersburg, FL
68, joined Apr. 2010


Quote from clarence2:
.
Quote from thebard58:

Morality is left to the people. The government, as an institution, is amoral. (Neither moral, nor immoral- though some would argue that any system of government is immoral, by it's very existence).

Governments are deeply involved in proposing, debating and enacting laws based on notions of right and wrong behaviour aka morals, so I don't know where you get the notion that secular governments are amoral.


You haven't figured it out yet? ..... Anyone that does not strictly follow the Bard's set of christian morals ..... is amoral in his eyes.

Peace

1/1/2016 8:38:40 PM Is separation of church and state a good idea?  

jrbogie1949
Over 10,000 Posts!!! (13,836)
Red Bluff, CA
67, joined Mar. 2009


Quote from clarence2:
.
Quote from thebard58:

Morality is left to the people. The government, as an institution, is amoral. (Neither moral, nor immoral- though some would argue that any system of government is immoral, by it's very existence).

Governments are deeply involved in proposing, debating and enacting laws based on notions of right and wrong behaviour aka morals, so I don't know where you get the notion that secular governments are amoral.


yes, on the one hand bard suggests that morals are left to the people but on the other he seem to overlook the notion that ours is a government of the people by the people and for the people.

1/2/2016 2:52:36 AM Is separation of church and state a good idea?  

sail_dancer
Over 7,500 Posts!! (8,520)
Saint Petersburg, FL
68, joined Apr. 2010


Quote from jrbogie1949:
yes, on the one hand bard suggests that morals are left to the people but on the other he seem to overlook the notion that ours is a government of the people by the people and for the people.


But in Bard's mind ..... non-christians as flawed people ..... not deserving of individual rights. Bard will not be happy until our constitution becomes christianity's version of "Sharia Law".

Peace

1/2/2016 6:32:53 AM Is separation of church and state a good idea?  

jrbogie1949
Over 10,000 Posts!!! (13,836)
Red Bluff, CA
67, joined Mar. 2009


Quote from sail_dancer:
But in Bard's mind ..... non-christians as flawed people ..... not deserving of individual rights. Bard will not be happy until our constitution becomes christianity's version of "Sharia Law".

Peace


i wouldn't go so far as to say that, sail, but unlike judge jones he does allow his personal religious beliefs influence how he reads the constitution and law. i suppose it's possible but i cannot think of a sitting or former supreme court justice who is not/was not religious and probably christian and for certain most of the founders were. yet they created and now uphold secularism in government. good job all.

1/2/2016 7:47:01 AM Is separation of church and state a good idea?  

sail_dancer
Over 7,500 Posts!! (8,520)
Saint Petersburg, FL
68, joined Apr. 2010


Quote from jrbogie1949:
i wouldn't go so far as to say that, sail, but unlike judge jones he does allow his personal religious beliefs influence how he reads the constitution and law. i suppose it's possible but i cannot think of a sitting or former supreme court justice who is not/was not religious and probably christian and for certain most of the founders were. yet they created and now uphold secularism in government. good job all.


I agree with you.

I never said that religious judges are influenced by their religious beliefs ..... many christians can separate their beliefs from their job requirements ..... and ..... hopefully our supreme court judges have this ability and base their decisions on what the constitution says ..... and ..... NOT what their religious dogma says.

I'm just saying that if Bard were a supreme court judge ..... he would surely cast all his votes based on his christian beliefs ..... basically creating his own type of Shania law ..... rather than ruling based on what the constitution says.


Peace

1/2/2016 9:06:20 AM Is separation of church and state a good idea?  

aphrodisianus
Over 1,000 Posts (1,600)
Leander, TX
66, joined Oct. 2013


Quote from thebard58:


....

But, the most important aspect is balance. And, in this respect, theological groups may present a counterpoint to the strictly secular (and by design amoral) institution of civil government.

What is balanced about an psychologically unbalanced view? Theological views are based upon pure ancient superstition and ignorance about reality. It was quite moral to murder your own son because a voice in your head tells you to. It was moral to abuse animals, as Jesus did, running pigs off a cliff because some guy was having a seizure. It was moral to subjugate women to subservient roles. If these are where you get your morals from then you're as mentally unwell as those who came up with these deranged views thousands of years ago.

1/2/2016 10:10:09 AM Is separation of church and state a good idea?  

jrbogie1949
Over 10,000 Posts!!! (13,836)
Red Bluff, CA
67, joined Mar. 2009




1/2/2016 1:43:45 PM Is separation of church and state a good idea?  

thebard58
Over 7,500 Posts!! (9,804)
Hermiston, OR
57, joined Jul. 2010


Sail

Setting aside your rather ludicrous and reactionary comments, I will try to illuminate...

Our government, unlike theocratic institutions, was not established to enforce a particular morality, or moral code.
(Unless, perhaps, you consider it the institution of the "moral" of individual self determination being the primary guiding principle).
Morals are based upon the belief of what is "right" and "wrong".
The COTUS is not a charter, or creed regarding such belief.

The quote from Franklin illuminates the point that the government being established was to be a tool to serve the people, with no inherent moral position.
Does a hammer or saw have morals?

Justice Roberts states the proper perspective, succinctly, in this statement:

OBERGEFELL ET AL. v HODGES, DIRECTOR, OHIO DEPARTMENT OF HEALTH, ET AL.

ROBERTS, C.J, dissenting

Under the Constitution, judges have power to say what the law is, not what it should be.


Under the Old English system, magistrates were authorized and expected to "dispense justice", according to their personal judgement. (Which would naturally involve the individual's perspective of "moral").
Under our system the executive and judicial branches are only supposed to interpret and enforce the existing laws. Which are supposed to be enacted by representatives of the people, to express the will of the people.
Unlike the old magistrates, as Justice Roberts has pointed out- the job of the Supreme Court is to say what the law is, not what it should be.
Since we are a democratic republic, any moral viewpoint is supposed to be the expression of the belief of the majority of the people, as to what is "right", or "wrong", "just" or "unjust"- Not a decree of "the government", or moral judgement of the members of the supreme court.

So, you see, secular government is amoral, by design.

And since morals are determined by belief...
That rather makes morality the province of religion- since theology is the area, historically, that deals with beliefs.
Now one can argue that this codification/dissemination of moral viewpoint should be replaced with a philosophy such as "secular humanism", but then this movement itself might fall under the definition of "religion" (similar to the classification of Buddhism), just not a theology.

1/2/2016 2:36:47 PM Is separation of church and state a good idea?  
clarence2
Over 1,000 Posts (1,554)
South Yorkshire
United Kingdom
58, joined May. 2011


.
Quote from thebard58:

And since morals are determined by belief...
That rather makes morality the province of religion- since theology is the area, historically, that deals with beliefs.

All people have beliefs and morals, not just religious people. Religious leaders just claim to have personal access to knowing what's right and good by reason of their promoting what some ancient person wrote down in a religious text, but in reality those texts are just someone's creative handiwork or personal opinion, and religious leaders don't know anything more about morals than anyone else, and usually they behave as badly as everyone else, so they can't be claimed as possessing any specialist knowledge or unique prescriptive power on the subject.



[Edited 1/2/2016 2:37:33 PM ]

1/2/2016 7:38:48 PM Is separation of church and state a good idea?  

sail_dancer
Over 7,500 Posts!! (8,520)
Saint Petersburg, FL
68, joined Apr. 2010


Quote from thebard58:
Unlike the old magistrates, as Justice Roberts has pointed out- the job of the Supreme Court is to say what the law is, not what it should be.


That is not true ..... there have been many supreme court cases concerning the constitutionality of laws that have been passed.

Since we are a democratic republic, any moral viewpoint is supposed to be the expression of the belief of the majority of the people, as to what is "right", or "wrong", "just" or "unjust"- Not a decree of "the government", or moral judgement of the members of the supreme court.



Wrong again .....

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." — The Declaration of Independence.Jul 4, 2015

Our declaration of independence states that "all men are created equal" and they have "unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

Are you saying that the constitution should only consider the unalienable rights of the majority of people because we are a democracy?

Supreme court justices cannot place the opinions of the majority above the unalienable rights of all the populous ..... which is exactly what you are calling for.

Peace

1/3/2016 7:38:17 AM Is separation of church and state a good idea?  

jrbogie1949
Over 10,000 Posts!!! (13,836)
Red Bluff, CA
67, joined Mar. 2009


Quote from sail_dancer:


Wrong again .....

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." — The Declaration of Independence.Jul 4, 2015

Our declaration of independence states that "all men are created equal" and they have "unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

Are you saying that the constitution should only consider the unalienable rights of the majority of people because we are a democracy?

Supreme court justices cannot place the opinions of the majority above the unalienable rights of all the populous ..... which is exactly what you are calling for.

Peace


you're wrong, sail. first, justice roberts did say that the court is to decide what the law is and not what the law should be. secondly, the declaration of independence has no force in law. it was simply a memo to king george telling him to get the f**k out of our new country. and thirdly, it is the courts that decide what is and is not an unalienable right as they did with a woman's right to choose and gays right to marry who they want.

1/3/2016 7:57:13 AM Is separation of church and state a good idea?  

jrbogie1949
Over 10,000 Posts!!! (13,836)
Red Bluff, CA
67, joined Mar. 2009


Quote from thebard58:

Justice Roberts states the proper perspective, succinctly, in this statement:

OBERGEFELL ET AL. v HODGES, DIRECTOR, OHIO DEPARTMENT OF HEALTH, ET AL.

ROBERTS, C.J, dissenting

Under the Constitution, judges have power to say what the law is, not what it should be.


ah, we agree for once. robert's is right. courts do have the power to say what the law is, not what the law should be. a majority of judges write what the law is and the dissenting judges write what they think the law should be. so when you opine about what the law should be you join 2 judges, for example, who thought the ruling in roe should be otherwise. none of your three opinions matter as applied to the law. a woman's right to choose IS the law.

1/3/2016 8:06:21 AM Is separation of church and state a good idea?  

sail_dancer
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Quote from jrbogie1949:
you're wrong, sail. first, justice roberts did say that the court is to decide what the law is and not what the law should be.


And I didn't say he didn't ..... I simply gave an example of why I thought the "statement" was wrong.

secondly, the declaration of independence has no force in law. it was simply a memo to king george telling him to get the f**k out of our new country.


I didn't say it did ..... I questioned bard's opinion that the supreme court decisions should take into effect the wishes of the majority ..... showing that the constitution (in bard's case) would not be for "all" the people ..... as put forth in the Declaration of Independence.

thirdly, it is the courts that decide what is and is not an unalienable right as they did with a woman's right to choose and gays right to marry who they want.


But Bard's argument is that those decisions did NOT take into consideration the opinions of the majority. Bard thinks that the majority should determine what rights the minority can or cannot have.

So your post was completely off base!

Peace

1/3/2016 8:57:35 AM Is separation of church and state a good idea?  

jrbogie1949
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here is what you said;

"That is not true ..... there have been many supreme court cases concerning the constitutionality of laws that have been passed."

so how is the chief justice's statement not true? any case before the court that concerns the constitutionality of a particular is argued by both sides that the law should stand or should not stand. once the court rules for one side or the other it decides what the IS if constitutionality us upheld and what the law IS NOT if the law is decided to be unconstitutional. from that point on that decision IS or IS NOT the law regardless of any justices in dissent opining that it should not be the law. take roe as an example. seven justices ruled that a woman's right IS the law while two justices opined that it should not be the law. the two dissenters simply don't matter. roe IS the law.

1/3/2016 9:03:55 AM Is separation of church and state a good idea?  

jrbogie1949
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here is what you said;

"That is not true ..... there have been many supreme court cases concerning the constitutionality of laws that have been passed."

so how is the chief justice's statement not true? any case before the court that concerns the constitutionality of a particular is argued by both sides that the law should stand or should not stand. once the court rules for one side or the other it decides what the IS if constitutionality us upheld and what the law IS NOT if the law is decided to be unconstitutional. from that point on that decision IS or IS NOT the law regardless of any justices in dissent opining that it should not be the law. take roe as an example. seven justices ruled that a woman's right IS the law while two justices opined that it should not be the law. the two dissenters simply don't matter. roe IS the law.

perhaps you can point out in the declaration the words, "all the people". i see where it says "all men are created equal" but how does that bear on robert's statement? but again the point is moot when it comes to constitutionality in that the declaration is not that.

1/4/2016 1:10:26 PM Is separation of church and state a good idea?  

thebard58
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Sail

You simply are not understanding.
3 different branches of government. "Legislative", "Judicial", and "Executive".
The responsibility, and authority, of the "legislative" branch is to create law(s),
the "judicial" branch to interpret their correct application, and the "executive" branch to enforce them.

The arguments between JR and myself are about the actions of the judicial branch.
What I quoted from Justice Roberts is essentially an accusation that the members of the Supreme Court who created the majority ruling in that particular case have not really actually just "interpreted", or applied the COTUS (the prime "law" of the U.S.A), but rather made their ruling based upon what they deemed the correct moral position, or effect (what is termed "judicial activism").
In the case of SSM, nearly every argument I've seen has been based upon such POV regarding the "rightness", "correctness", etc. rather than the letter of law.
I agree with justice Roberts comment that the COTUS has nothing to do with this issue.
In fact, a ruling requiring the states to offer SSM, would seem to be in direct contradiction to the DOMA, and Windsor rulings which were based upon the right of the individual states to define the qualifications of "marriage".

The point being that the job is to define what the law is, not what it should be. Which is where the majority opinion comes into effect (Though, unless by referendum or citizen initiative, it is the opinion of the majority of elected representatives, not necessarily the citizenry).

And that incorporated principle is the basis for my statement that the government is amoral by design.
As I said, it is not the "job" of our government to dictate the morals of it's constituent populace. I was designed only to apply them.
That is the principle that is being violated, IMO.



[Edited 1/4/2016 1:13:16 PM ]

1/4/2016 8:31:08 PM Is separation of church and state a good idea?  

jrbogie1949
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i like judge roberts but this time he put his foot in his mouth. by saying that the job of a judge is to decide what the law IS and not what it should be he put himself in the group of four dissenting judges whining about what the law should be. fact is, the law IS as the majority decided. the letter of the law now IS as the majority ruled that it IS.

you do realize, bard, that doma has been tossed as unconstitutional, do you not? explain to me, if you can, how a supreme court ruling can be in violation of anything. who can pass judgement on the supreme court, the highest court in the land, that it violate the law? i'll grant you that an individual justice might violate the law but explain to me how the supremes as the institution that article three outlines can possibly be in violation? you seem to be back to whining about how the law should be. and you're giving sail a lesson on the branches of the government and how they work?

1/5/2016 1:43:18 AM Is separation of church and state a good idea?  

thebard58
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Of course I realize DOMA was ruled unconstitutional. Exactly my point.
The justification for both the DOMA and Winsor rulings was validating that the definition, or qualification, for the status of "marriage" is the venue of the states.
How then, is it consistent to rule that every state must include the "same sex" possibility in their definition/qualifications?

And how can the supreme court be in violation of anything?

Well, any public official(s) (individually, or as a group) can be guilty of malfeasance, misuse of authority of office, or simply violation of the public trust in any number of ways.

But, the terminology I actually used referred to violation of a principle.

IMO justice Roberts explains the situation quite well (and correctly), in the statement of dissenting position that I pulled the quote from.

Call it "whining", if you like.

I say that Justice Roberts simply illuminates the fact that the majority decision was based, not upon adherence to the COTUS, but rather upon the particular justices personal perspective on what was a "fair" decision to make.
Hence his statement.

1/5/2016 6:26:45 AM Is separation of church and state a good idea?  

jrbogie1949
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Quote from thebard58:
Of course I realize DOMA was ruled unconstitutional. Exactly my point.
The justification for both the DOMA and Winsor rulings was validating that the definition, or qualification, for the status of "marriage" is the venue of the states.
How then, is it consistent to rule that every state must include the "same sex" possibility in their definition/qualifications?


doma was already dead by the time the court struck down all laws banning same sex marriage. windsor no longer applies. what is so hard for you to understand that the last ruling rules? would you still use dred scott to assert your right to slave ownership?

And how can the supreme court be in violation of anything?

Well, any public official(s) (individually, or as a group) can be guilty of malfeasance, misuse of authority of office, or simply violation of the public trust in any number of ways.

But, the terminology I actually used referred to violation of a principle.

IMO justice Roberts explains the situation quite well (and correctly), in the statement of dissenting position that I pulled the quote from.

Call it "whining", if you like.

I say that Justice Roberts simply illuminates the fact that the majority decision was based, not upon adherence to the COTUS, but rather upon the particular justices personal perspective on what was a "fair" decision to make.
Hence his statement.


yes, for every court ruling there will be those whining for impeachment of the justices in the majority. judge roberts may have meant, by his statement, that he simply disagreed but, by doing so he put himself in the, 'what the law should be,' crowd leaving the 'what the law IS,' folks that i always saw him to be.

1/5/2016 8:21:40 AM Is separation of church and state a good idea?  

olderthandirt20
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Yep I remember this from my childhood.





1/5/2016 8:40:37 AM Is separation of church and state a good idea?  
cupocheer
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It's the law.

1/5/2016 8:43:13 AM Is separation of church and state a good idea?  

nonstandard
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We've developed governments , and societies , based on survival . We haven't any choice , every human is an apex predator , we have to protect everyone from the beast that makes us what we are .

Now we get devoured by a tamer , milder beast , one that can justify its activity , with slight of hand , and gratuitous illusion .

1/5/2016 8:45:42 AM Is separation of church and state a good idea?  

jrbogie1949
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Quote from olderthandirt20:
Yep I remember this from my childhood.





ha. you got that right and i think eisenhower who appointed him was at the head of the pack with one of those signs on the white house lawn. the perfect example of a judge leaving his politics aside and applying the law correctly.



[Edited 1/5/2016 8:47:49 AM ]

1/5/2016 11:53:07 AM Is separation of church and state a good idea?  

thebard58
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would you still use dred scott to assert your right to slave ownership?


Of course not.
Because slavery is specifically prohibited by the 13th amendment.
And when any state agreed to join the union, by such consent it thereby agreed to abide by the COTUS.

BTW regarding your reference to article III.
That particular provision is actually rather scarey in the amount of power it grants to what are appointed positions. (The only saving grace, for those upholding representative government, being the affirmation process).
But, IMO the most important part of that article, and the basis for justice Robert's statement (as I see it), is this phrase "and under such regulations as congress shall make".

But...Though I do enjoy our discussions (when you don't indulge in ad hominem), we are getting involved in tangents again.

RE the question presented: Is separation of church and state a good idea?

I believe that this is one question upon which we actually agree.
My answer is #1. Yes. Separation of church and state is a good idea.

Where we seem to disagree, is in exactly what this entails, or how it is properly applied in given circumstances.

1/5/2016 12:51:36 PM Is separation of church and state a good idea?  

jrbogie1949
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yes we do have disagreement in how the concept of separation is applied. i look to case history in understand how the concept IS applied by the various courts while you speak of how the concept SHOULD BE applied according to your own pov.

1/9/2016 7:13:10 AM Is separation of church and state a good idea?  

nonstandard
Over 2,000 Posts (3,665)
York, PA
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Can we own what never belonged to us ?

Religion can make us feel this way .