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Posner on Scalia’s dangerous “majoritarian theocracy”

December 3, 2015
Richard Posner, judge on the  United States Court of Appeals for the Seventh Circuit in Chicago and a Senior Lecturer at the University of Chicago Law School has published this commentary on the problems with Supreme Court Justice Scalia’s theocratic inclinations.  It could have been taken from a pamphlet published by AU on why Separation of Church and State is a good thing.
 
“The suggestion that the Constitution cannot override the religious beliefs of many American citizens is radical. It would imply, contrary to the provision that forbids religious tests for public office, that religious majorities are special wards of the Constitution. Justice Scalia seems to want to turn the Constitution upside down when it comes to government and religion; his political ideal verges on majoritarian theocracy.”
 
Apparently Scalia feels that the ability of the Supreme Court to overturn laws passed by Congress or state legislatures. on the grounds that they are unconstitutional (which he has supported from the Court on countless occasions before), only applies if they are not based on religion… exactly the kind of distinction that requires us to insist on separation of secular law and religious issues.
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