June 26, 2002
Declaration of Independence, U.S. Constitution Ruled Unconstitutional
The Ninth U.S. Circuit Court of Appeals, following on its recent decision declaring the Pledge of Allegiance unconstitutional, has ruled that both the Declaration of Independence and the U.S. Constitution are in fact unconstitutional as well.
"The Declaration of Independence refers to a Creator as the basis of man's rights, while the Constitution was ratified under a clause referring to the 'year of our Lord,'" observed a court spokesman. "Given this clear evidence, the court had no choice but to nullify both the Declaration of Independence and the signatures of the thirteen Constitutional Convention delegates. We have hereby ordered the territory known as the United States to be handed over immediately to the government of the United Kingdom for proper disposition."
Posted by Woodlief on June 26, 2002 at 03:05 PM
This is precisely the point made in the Fernandez dissent -- that there is a long tradition of areligious use of the word God.
Posted by: Gary at June 26, 2002 7:31 PM
Once the Constitution were declared unconstitutional, the basis of unconstitutionality (as well as the authority of the court) would cease to be valid. The Constitution could then be restored for further constitutional scrutiny. Your transparent attempt to elevate the hopes of the British is a cruel prank indeed.
Elsewhere, it does seem that references to God in artifacts and practices that are not derived from the Constitution or subject to Constitutional reading are being cited as comparable. For example, "so help me God" is not prescribed by the Constitution. And Judge Fernandez can sing "God Bless America" to his heart's content, but requesting the entire courtroom to join him might be objectionable. The free expression of religion by primary actors is not prohibited anywhere.
I suppose the judge could start each court sesson with his own rendering of "God Bless America" which could face challenges and likely restrictions on grounds of decorum and aesthetics, but I would say that it isn't unconstitutional. By this line of reasoning, a teacher could choose to recite the pledge and invite anyone who cared to do so as well. But being completely unrelated to the reason for attendance probably should be restricted as a matter of policy relegating extracurricular activities to after hours.
Posted by: William at June 29, 2002 7:43 PM
