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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.
By Eugene Volokh
Reprinted with permission from National Review Online.




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See all 84 CommentsThen how is it not an act of hubris to declare your religion equal to American culture? I'm sure Prager would explode if someone was denied to be sworn in with a Bible. And I love how multiculturalist activism is somehow a boogeyman for some people. Seriously, where is this guy from? Is being non-Christian somehow un-American?
Religious freedom is The very heart of American culture.
This brings up an interesting topic for an article - how the bible became ingrained in the judicial system of a secular democracy.
At any rate everyone should have a right to swear upon their holiest scripture in a court of law; as long as the religion represented by the scripture is officially recognized by the U.S. government. Perhaps this will force the judicial system to create a list of approved for the purpose of swearing into a court of law.
It should not be necessary to be on a government approved list in order to adhere to your religion while entering public office. If somehow a Nazi was elected and wanted to be sworn in with Mein Kampf, he should be allowed to do so. Anyway, if that actually happened, I'd be more worried about the electorate that would vote for a Nazi than about what he was sworn in with.
I don't care.
Swear in by some dirt, as long as it strengthens the promise being made, and justifies perjury or fraud charges if you're lying.
Great point, not only is the resistance to allow Rep. Ellison not to swear by the Qur'an rooted in arrogance but it typifies the very condition that the Founding Fathers fought to free themselves of, that position being described here by Thomas Jefferson,
"Our minds were circumscribed within narrow limits by an habitual belief that it was our duty to be subordinate to the mother country in all matters of government, to direct all our labors in subservience to her interests, and even to observe a bigoted intolerance for all religions but hers." (T. Jefferson, The Works of Thomas Jefferson)
I think that Ellison's convictions of truth justice and equality are of a personal matter unless the U.S. is not the secular government that it suggests and is in fact more related to the a Theocracy than it is willing to admit, if not then what is the problem.
wasalaam
Abu Sahajj
http://wasalaam.wordpress.com/
Didn't Tom Foley and Tom Delay and all the others swear on a bible to uphold the dignity of their offices? Does it really matter which religious ritual one emulates in accordance with customs?
If you make someone swear an oath on any book that holds little of no meaning for them, including the Bible, it has absolutely no purpose or meaning to them and the oath is meaningless and void as well. It's what's in the persons heart and soul that matters most, NOT on what their hand is resting on.
And now they are not praticing what they are suppose to be preaching!
Where is our human rights?
What happened to the constituition?
Is America not what the world should follow in examples in anything?
Think about it?
I believe in America the Great for the last 34 years of my life.
Please practise what you preach!
Recent history tells us that many elected public officials either were or became rotten to the core. By their end, their true colors were showing for all the world to see & to put in their 2 cents worth in a forum such as this.
We are more than lucky if an elected official goes all the way through their office and never makes a stink or even waves in some cases. Americans historically dwell on the bad in people. Especially the American press.
Again, what's the difference between one book & another. People are going to do what they're going to do and the U.S. public is uaqually the last to know.
Recent history tells us that many elected public officials either were or became rotten to the core. By their end, their true colors were showing for all the world to see & to put in their 2 cents worth in a forum such as this.
We are more than lucky if an elected official goes all the way through their office and never makes a stink or even waves in some cases. Americans historically dwell on the bad in people. Especially the American press.
Again, what's the difference between one book & another. People are going to do what they're going to do and the U.S. public is usually the last to know.
Unfortunately, passages from the Qur%u2019an clearly reveal that lying is permitted, particularly in reference to non-believers in conflict with Muslims. It is also clear that if forced to do so, Muslims may lie under oath and can even falsely deny faith in Allah, as long as they maintain the profession of faith in their hearts. In the Qur%u2019an, Allah says: "Allah will not call you to account for thoughtlessness (vain) in your oaths, but for the intention in your hearts; and He is Oft-forgiving, Most Forbearing." Surah 2:225. The principal also has support in the Qur%u2019an 3:28 and 16:106.
I concur; it is about what the individual holds holy. If you as someone not of the Xian faith to swear on the bible then it means nothing to the individual b/c he/she is not beholden to that book and thus may feel no moral obligation to act truthfully b/c the faith is not there. However, when asked to comply with a faith that is original and/or prized by you, you are more likely to act in accordance with that by which you are swearing because it has been fortified by your own faith.
The bible is intolerant of other faiths as well. It says only "true believers will enter the kingdom of heaven". It is intolerant of those who do not believe in the "holy trinity". Perhaps visiting religoustolerance.org would enlighten you. The Islamic deity Allah derives from the deities of Abraham as do both Jehovah and Yaweh(G_d of the Jewish faith), thus, they are all one in the same. The tenets of faith may differ, but ultimately they all maintain a common theme--RESPECT. The images of Islam have been tarnished to reflect those of extremists. Xian media has not used Timothy McVay or Eric Rudolph as examples of Xianity. Nor have they used Ted Haggard. You would not want the world to see these people as Xian symbols, so why would you see Muslim extremists as examples of true Islam? It is hypocrisy.
The bible is intolerant of other faiths as well. It says only "true believers will enter the kingdom of heaven". It is intolerant of those who do not believe in the "holy trinity". Perhaps visiting religoustolerance.org would enlighten you. The Islamic deity Allah derives from the deities of Abraham as do both Jehovah and Yaweh(G_d of the Jewish faith), thus, they are all one in the same. The tenets of faith may differ, but ultimately they all maintain a common theme--RESPECT. The images of Islam have been tarnished to reflect those of extremists. Xian media has not used Timothy McVay or Eric Rudolph as examples of Xianity. Nor have they used Ted Haggard. You would not want the world to see these people as Xian symbols, so why would you see Muslim extremists as examples of true Islam? It is hypocrisy.
If the Bible means anything to you, you would obey the words of Jesus. The Bible is all about Jesus. Jesus say's not to swear on anything. So the Bible you have in Congress is in disobediance to the LORD JESUS CHRIST.
So what is all this nonsense about giving an oath on the Bible or the Koran???
Matt 5:33-37
33 "Again you have heard that it was said to those of old, 'You shall not swear falsely, but shall perform your oaths to the Lord.'
34 "But I say to you, do not swear at all: neither by heaven, for it is God's throne;
35 "nor by the earth, for it is His footstool; nor by Jerusalem, for it is the city of the great King.
36 "Nor shall you swear by your head, because you cannot make one hair white or black.
37 "But let your 'Yes' be 'Yes,' and your 'No,' 'No.' For whatever is more than these is from the evil one.
(NKJ)
AMEN!!!
Why? Because our founding fathers came to this country and fought wars to protect that right. Tolerance of others is a very large part of what it means to BE an American, thank you very much.
Personally it is improper to use any book from a religion as a symbole of swearing in.
Just raise your right hand and sware to "Up hold the office elected to". Period nothing else. Keep religion out of politics
Lovefights is right: Christians are instructed in the Bible not to Swear by anything. But answer Yea or Nay.
I agree with you, it is not hate that we say, it is hate we are trying to avoid..
The Quran orders Muslims to not be our friends, and to destroy all who will not submit in the world, so there is no way that America should let him swear on the Quran..
While we push for their rights we are in effect pushing for our demise... read the LAST three quarters of the Quran and others of their holy books for yourselves instead of saying that people who are trying to warn us are racist etc...we must find out for ourselves..they tell us we dont understand the quran
Ishaq:327 %u201CAllah said, %u2018A prophet must slaughter before collecting captives. A slaughtered enemy is driven from the land. etc. But Allah desires killing them to manifest the religion.%u2019%u201D
%u2026"for the Unbelievers are open enemies to you." 4:101
Qur%u2019an 9:29 %u201CFight those who do not believe until they all surrender, paying the protective tax in submission.%u201D
Qur%u2019an 8:39 %u201CFight them until all opposition ends and all submit to Allah.%u201D
Qur%u2019an 8:39 %u201CSo fight them until there is no more Fitnah (disbelief [non-Muslims]) and all submit to the religion of Allah alone (in the whole world).%u201D
Ishaq:324 %u201CHe said, %u2018Fight them so that there is no more rebellion, and religion, all of it, is for Allah only. Allah must have no rivals.%u2019%u201D
Buy it does not take a rocket scientist to understand these words and many more..
I agree with you, it is not hate that we say, it is hate we are trying to avoid..
The Quran orders Muslims to not be our friends, and to destroy all who will not submit in the world, so there is no way that America should let him swear on the Quran..
While we push for their rights we are in effect pushing for our demise... read the LAST three quarters of the Quran and others of their holy books for yourselves instead of saying that people who are trying to warn us are racist etc...we must find out for ourselves..they tell us we dont understand the quran
Ishaq:327 %u201CAllah said, %u2018A prophet must slaughter before collecting captives. A slaughtered enemy is driven from the land. etc. But Allah desires killing them to manifest the religion.%u2019%u201D
%u2026"for the Unbelievers are open enemies to you." 4:101
Qur%u2019an 9:29 %u201CFight those who do not believe until they all surrender, paying the protective tax in submission.%u201D
Qur%u2019an 8:39 %u201CFight them until all opposition ends and all submit to Allah.%u201D
Qur%u2019an 8:39 %u201CSo fight them until there is no more Fitnah (disbelief [non-Muslims]) and all submit to the religion of Allah alone (in the whole world).%u201D
Ishaq:324 %u201CHe said, %u2018Fight them so that there is no more rebellion, and religion, all of it, is for Allah only. Allah must have no rivals.%u2019%u201D
Buy it does not take a rocket scientist to understand these words and many more..
Geez, people, get a grip! Would the oath of a Christan taken with his hand on the Koran be binding? The principle is the same.
The bible has NO place in government. We need to get god off of our money and out of our Pledge of Allegiance. We need to get the bible out of the Capitol.
A brief reminder to you religious zealots who would base everything on the bible (which, BTW, was written not by god but by men and spare me the "divine inspriation" lecture)--the book you so revere is the very one carried by the Crusaders in their two hundred year pursuit of worldwide Christian hegemony.
You remember the Crusades, don't you? You don't? Perhaps this, from "Taking Jerusalem: Climax of the First Crusade" By J. Arthur McFall will refresh your memory. "The Crusaders spent at least that night and the next day killing Muslims, including all of those in the al-Aqsa Mosque, where Tancred's banner should have protected them. Not even women and children were spared. The city's Jews sought refuge in their synagogue, only to be burned alive within it by the Crusaders. .... The Europeans also destroyed the monuments to Orthodox Christian saints and the tomb of Abraham."
Now put down your stones.
But alas, some people like to wallow in their supremacy and denigration of others.
The ridiculous claim the Koran supporting violence (to the exclusion of the Bible) and against "infidels" is laughable (its like saying US Constitution is a violent document for protecting freedom of arms) and the very manifestation of the right-wing propagandist hate-radio campaign to malign "Islam" and its holy book.
As the poster below: RepubliCONS are America's worst enemies...it won't be some "Islamist" that threatens Constitutional freedom, but right-wing hatemongers who collectively threaten us and our freedoms: as was seen with the suspension of habeaus corpus!
No creeper its easier to blame Muslims for being violent and overlook the neocons own track record of proclaiming them "freedom fighters" (mujahadeen, remember that term) when they were fighting Soviet Communism, but "terrorists" when they are resisting US forces in Iraq.
There won't be "cut and run," there will be blame and run. Blame the Iraqis for "not getting their act together," while the self-proclaimed Christian warrior Pres. Bush led his modern crusade and invasion to attack Iraq for Israel's security. Can you spell D-E-F-E-A-T-E-D and D-O-W-N-F-A-L-L of Republicans?
"The affirmation option was thus one tool to make sure that the law didn't exclude people of certain religious groups from office, but rather let them retain their religious culture while participating in American civic life."
Thank God for our forefathers who didn't proclaim Christianity and Bible as laws of the land. And in that sense were true multiculturalists.
Thanks for this article.
Right and Jesus also raped women and killed them... that how much sense you make when you speak from plain malice, spite, and downright ignorance.
Yes Andy, but if Islam has it's way, the US will be a all Muslim.
Yea just like the Middle East where Islam is the prevailing religion and after 1,300 years of Caliphate we see ABSOLUTELY NO Christian, Jew, agnostic, atheist, Orthodox, Shi'i, Druze there.
Boy Islam really had its way there and in Indonesia, India, Pakistan, Africa.
Lol, you need to speak more from facts and not from your well of venom!
Right and Jesus also raped women and killed them... that how much sense you make when you speak from plain malice, spite, and downright ignorance.
Yes Andy, but if Islam has it's way, the US will be a all Muslim.
Yea just like the Middle East where Islam is the prevailing religion and after 1,300 years of Caliphate we see ABSOLUTELY NO Christian, Jew, agnostic, atheist, Orthodox, Shi'i, Druze there.
Boy Islam really had its way there and in Indonesia, India, Pakistan, Africa.
Lol, you need to speak more from facts and not from your well of venom!
Go seriously read your own history. The Crusades slaughtered over 2 million unarmed civilians who were Muslims, Jews, and even other Christians! Some who sought refuge in churches, mosques, and synagogues were burnt alive!
In contrast, the Ottoman Empire fought a regular military battle against Byzantine Empire at BY HISTORICAL accounts the population of Constantinople was "estimated 50,000 people residing in the city at the time of its capture."
So yea, I see the difference between a massacre of millions and a battle amongst 50,000 of which half were captured and the other half were given amnesty.
So yea, please continue to talk, but do so with historical analysis.
As a great saying goes, "we are all entitled to our opinions, but not to our facts."
And I ask you as a self-righteous Christian to reiterate Jesus's word "Blessed are the warmongers or peacemakers?"
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