Mier's religious views

Rick Duncan nebraskalawprof at yahoo.com
Wed Oct 5 08:08:45 PDT 2005


Sandy: I know of nothing in the written Constitution that is inconsistent with my faith. For example, the Constitution is silent about abortion. But if it did contain a right to abortion, I would have to recuse myself rather than enforce it (just as I would have had to disobey Hitler as Bonhoffer did). 
 
I think I said in an earlier post that my views about the Constitution did not change when I converted from non-belief to belief. That is true. It is the same Constitution now as it was then. And I read it the same way. Of course, I have changed my mind on some issues as I have learned more about the Constitution and its history and traditions, but not because of my faith.
 
 
Rick Duncan

Sanford Levinson <SLevinson at law.utexas.edu> wrote:
I literally do not understand arguments such as Rick's.  That is, is it his position that it is logically impossible that there would ever be a conflict between God and Caesar?  I presume that one reading of Romans 13 is that since earthly magistrates are appointed by God, then whatever they require is obligatory upon Christians, but, obviously, there were many Christians who challenged this kind of reading.  
 
So let me try the following:  With regard to those German Protestants (or, for that matter Catholics) who gave their allegiance to Der Fuhrer, did that mean that their "religious faith [was] relevant only insofar as it instruct[ed them] to be faithful to [their] oath...."  If I'm missing the point of Rick's statement, I'd like to be told exactly why.     
sandy



---------------------------------
From: conlawprof-bounces at lists.ucla.edu [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Rick Duncan
Sent: Wednesday, October 05, 2005 9:32 AM
To: CONLAWPROF at lists.ucla.edu
Subject: Re: Mier's religious views



Of course, Mark is correct in reminding us that everyone's religious faith (or lack of faith) infuses one's understanding of the world and of the good life. But many conservative evangelicals (no less than Catholics or Jews or secularists) can truthfully assert that their job as a Justice is to interpret the Constitution, and that their faith is irrelevant to the meaning of the text of the Constitution. She should say that she will be faithful to the Constitution, and that her religious faith is relevant only insofar as it instructs her to be faithful to her oath of office. 
 
Rick Duncan




Rick Duncan 
Welpton Professor of Law 
University of Nebraska College of Law 
Lincoln, NE 68583-0902

"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle

"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner 

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Rick Duncan 
Welpton Professor of Law 
University of Nebraska College of Law 
Lincoln, NE 68583-0902

"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle

"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered."  --The Prisoner
		
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 Click here to donate to the Hurricane Katrina relief effort. 
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