Wednesday, July 20, 2005

Killing Souter's Virus

The President's appointment of an intelligent conservative to the Supreme Court comes not a moment too soon. A US Judge, at the request of the ACLU, just ordered the US Army not to support the Boy Scouts!

WSJ (subscription):

(The Boy Scouts') annual Jamboree, held since 1981 at Fort A. P. Hill in Virginia...indirectly receiv(es) support from the Army in billeting, infrastructure, and so forth. The ACLU argues that this arrangement breaches the First Amendment's separation between church and state.

The judge ruled the Boy Scouts:

...an overtly religious association because it "excludes atheists and agnostics from membership." She ordered the Army to expel the next Jamboree from Fort A. P. Hill in 2010.

Basing her ruling on this clause in the US constitution.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"

As I've mentioned before, Anglo common law's use of precedent makes it vulnerable to virus-like attack, whereby once a precedent is established, no matter how bizarre, it's set in concrete.

The US owes this particular virus to David Souter, who led the recent Supreme Court "Kelo" ruling that the government can force you to transfer your property to a private developer for their gain.

The anti-religious virus Souter injected into US law is this interpretation of the above clause in the Constitution:

"government should not prefer one religion to another, or religion to irreligion."

His wording killed the Constitutional prohibition on the US "prohibiting the free exercise" of religion. The ACLU has lived off this ever since and it's time to kill it (the virus, that is).