September 22, 2009 11:09 AM
- Text
Swearing In By The Koran?
(National Review Online)
This column was written by Eugene Volokh.
The U.S. Constitution is a multiculturalist document. Not in all senses, of course: It tries to forge a common national culture as well as tolerating other cultures. But it is indeed multiculturalist in important ways.
We shouldn't forget that when we're tempted to categorically condemn supposedly multiculturalist changes to our constitutional practices.
Consider what Dennis Prager — whose work I often much like — wrote in his most recent column:
This argument both mistakes the purpose of the oath, and misunderstands the Constitution. In fact, it calls for the violation of some of the Constitution's multiculturalist provisions.
To begin with, the oath is a religious ritual, both in its origins and its use by the devout today. The oath invokes God as a witness to one's promise, as a means of making the promise more weighty on the oathtaker's conscience.
This is why, for instance, the Federal Rules of Evidence, dealing with the related subject of the courtroom oath, state, "Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so."
If you want the oath to be maximally effective, then it is indeed entirely true that "all that matters is what any individual holds to be his holiest book." That book is the one that will most impress the oathtaker's mind with the duty to comply with the oath.
Of course, some might care less about making the oath more effective, and more about using the oath to reinforce traditional American values, in which they include respect for the Bible (the "only ... book" "America is interested in") over other holy books. That, I take it, is part of Prager's argument, especially when he goes on to say, "When all elected officials take their oaths of office with their hands on the very same book, they all affirm that some unifying value system underlies American civilization."
Yet this would literally violate the Constitution's provision that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." For the devout, taking an oath upon a religious book is a religious act. Requiring the performance of a religious act using the holy book of a particular religion is a religious test. If Congress were indeed to take the view that "If you are incapable of taking an oath on that book [the Bible], don't serve in Congress," it would be imposing an unconstitutional religious test.
The U.S. Constitution is a multiculturalist document. Not in all senses, of course: It tries to forge a common national culture as well as tolerating other cultures. But it is indeed multiculturalist in important ways.
We shouldn't forget that when we're tempted to categorically condemn supposedly multiculturalist changes to our constitutional practices.
Consider what Dennis Prager — whose work I often much like — wrote in his most recent column:
Keith Ellison, D-Minn., the first Muslim elected to the United States Congress, has announced that he will not take his oath of office on the Bible, but on the bible of Islam, the Koran.
He should not be allowed to do so — not because of any American hostility to the Koran, but because the act undermines American civilization.
First, it is an act of hubris that perfectly exemplifies multiculturalist activism — my culture trumps America's culture. What Ellison and his Muslim and leftist supporters are saying is that it is of no consequence what America holds as its holiest book; all that matters is what any individual holds to be his holiest book.
Forgive me, but America should not give a hoot what Keith Ellison's favorite book is. Insofar as a member of Congress taking an oath to serve America and uphold its values is concerned, America is interested in only one book, the Bible. If you are incapable of taking an oath on that book, don't serve in Congress. In your personal life, we will fight for your right to prefer any other book. We will even fight for your right to publish cartoons mocking our Bible. But, Mr. Ellison, America, not you, decides on what book its public servants take their oath.
This argument both mistakes the purpose of the oath, and misunderstands the Constitution. In fact, it calls for the violation of some of the Constitution's multiculturalist provisions.
To begin with, the oath is a religious ritual, both in its origins and its use by the devout today. The oath invokes God as a witness to one's promise, as a means of making the promise more weighty on the oathtaker's conscience.
This is why, for instance, the Federal Rules of Evidence, dealing with the related subject of the courtroom oath, state, "Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so."
If you want the oath to be maximally effective, then it is indeed entirely true that "all that matters is what any individual holds to be his holiest book." That book is the one that will most impress the oathtaker's mind with the duty to comply with the oath.
Of course, some might care less about making the oath more effective, and more about using the oath to reinforce traditional American values, in which they include respect for the Bible (the "only ... book" "America is interested in") over other holy books. That, I take it, is part of Prager's argument, especially when he goes on to say, "When all elected officials take their oaths of office with their hands on the very same book, they all affirm that some unifying value system underlies American civilization."
Yet this would literally violate the Constitution's provision that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." For the devout, taking an oath upon a religious book is a religious act. Requiring the performance of a religious act using the holy book of a particular religion is a religious test. If Congress were indeed to take the view that "If you are incapable of taking an oath on that book [the Bible], don't serve in Congress," it would be imposing an unconstitutional religious test.
- 1
- 2
- Next Page »
Popular Now in CBSNews.com
- Top Twelve Most Patriotic Songs Ever
- The Decline and Fall of the American Empire
- Poll: Majority Believe In Ghosts
- Time For Marijuana Legalization?
- Bush's Final Approval Rating: 22 Percent
- Here's Why People Don't Buy Global Warming
- Fake War Stories Exposed
- Make Marijuana Legal
- The Football Legacy Of Joe Namath
- Poll: Majority Reject Evolution
- The Best Health Care System in the World?
- America's Eighth Amendment Absurdity
- How And Where America Eats
- The Trouble With Tall People
- Autoworkers Making $70 An Hour? Not Really
- Must Everyone Speak English?
- Has Media Ignored Sex Abuse In School?
Latest CBS News Headlines
on Facebook
on CBS News
- Czech president to be elected in public vote
- Czech president to be elected in public vote
- Barbie's wardrobe celebrated at Fashion Week bash
- Spain: arrests at anti-labor market reform protest
on Facebook
- Adele sings a cappella for Anderson Cooper
- Beyonce and Jay-Z post first photos of Blue Ivy Carter
- Occupy protestors kicked out of CPAC
on CBS News
