Tuesday, December 05, 2006
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The Prager / Medved / Volokh / Ellison Showdown Over Koran-Swearing
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Posted by:
Mary Katharine Ham at
10:14 AM
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I've been remiss and haven't blogged about this yet, so I'll get everyone up to speed. Last week, Dennis Prager wrote the now-famous column, "America, not Keith Ellison, decides what book a Congressman takes his oath on."
The meat of it:
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.
Though I like much of what Prager writes, I disagreed with the notion that one guy getting sworn in with a Koran would undermine our very civilization. I also disagreed that he should be prohibited from doing so, if that were his wish. I also thought the last paragraph was way overboard:
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. If Keith Ellison is allowed to change that, he will be doing more damage to the unity of America and to the value system that has formed this country than the terrorists of 9-11.
Ironically, it was Prager's objection to the use of the Koran that unified Americans of the right and left blogospheres in a very rare way.
Eugene Volokh called Prager's idea a violation of the "religious test" provision of the Constitution:
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.
James Joyner, Glenn Reynolds, Stephen Bainbridge, Allah, and many, many, many others chimed in. The links that reference the Constitution are generally right bloggers. Those that reference a string of curse words are generally lefties, just for reference.
You can watch Prager and Volokh debate it, here.
CAIR is now demanding that Prager be removed from his position on the Holocaust Memorial Council, but I'm not sure CAIR is an organization that should have much say in who serves on that particular council.
Today, Prager takes on the subject again in "A response to my many critics-- and a solution."
The meat of it. He takes on these accusations:
Accusation: I am advocating something unconstitutional by demanding that the Bible be included in oaths of office. I am reminded that Mr. Ellison has a right to practice the religion of his choice and that there shall be no religious test for candidates for office in America...
Accusation: Very many critics note the fact that members of Congress are not sworn in individually with Bibles but all together in the House chamber and without the Bible. The use of the Bible is a ceremonial act that takes place in private before family, friends and the press. My critics cite this fact as if somehow it invalidates my larger point...
Accusation: My column and/or I are racist, bigoted and Islamophobic...
I am for no law to be passed to prevent Keith Ellison or anyone else from bringing any book he wants to his swearing-in, whether actual or ceremonial. But neither I nor tens of millions of other Americans will watch in silence as the Bible is replaced with another religious text for the first time since George Washington brought a Bible to his swearing-in. It is not I, but Keith Ellison, who has engaged in disuniting the country. He can still help reunite it by simply bringing both books to his ceremonial swearing-in. Had he originally announced that he would do that, I would have written a different column -- filled with praise of him. And there would be a lot less cursing and anger in America.
I still disagree, but it's worth a read. Especially if you're on the Prager bashwagon, it's always nice to know exactly what you're putting down before you fly off the handle.
Prager's colleague and fellow Townhall columnist Michael Medved rebuts Pragers argument today in his column, "One holy book cannot be sole option."
The meat of it:
But Congressman Ellison has never asked to impose any aspect of his faith on anyone else, or on the public at large. He's requested an ordinary courtesy: the ability to bring his own holy book for the purpose of reciting an oath (an oath that remains word-for-word unchanged in his recitation.)
If this personal decision represents the "Islamicization" of the society, then what does my friend Dennis make of the yearly invitations to Muslim Imams to conduct opening prayers for the House or Senate? We've also seen White House celebrations under both Clinton and Bush of major Muslim feasts (Eid al Adha and Eid al Fitr) in which Presidents publicly honor Islamic traditions...
These benign gestures fall within our long-standing traditions of religious pluralism (like allowing Hanukah Menorahs, alongside Christmas trees, in public places) and serve to recognize the presence in our midst of several million Muslim citizens, who play a role in our economy, our educational system, our military and, now, our Congress.
We may not like their religion, but as long as its adherents conduct themselves as loyal and law-abiding Americans we have no right to restrict its practice.
Many have pointed out, throughout the controversy, that the holy book swearing-in ceremony is not the official swearing in, which happens sans holy text. The swearing-in with Bible is a tradition and an optional photo-op for new Members. Prager argues that the fact that it's a tradition makes it all the more important to keep the Bible involved:
Ceremonies matter a lot. As I told the Associated Press, ceremonies are essential to the continuity of a civilization. Therefore, the first time in American history that a congressman has decided to jettison the Bible for another text should not go unnoticed -- or elicit yawns, as it has from conservative and libertarian critics.
To me, the use of the Koran seems, not only benign, but even more clearly a personal choice if the swearing-in is a photo-op and ceremony with family. Everyone in Ellison's district knew that his Muslim faith was part of the candidate they voted for. I'm sure they're not surprised by his desire to use a Koran.
I'm sympathetic to the idea that we should be careful that our multiculturalism and tolerance does not lead us to excuse the inexcuseable. I agree that we shouldn't make special exceptions for Muslims behaving badly in our society just because Muslims are both the most sensitive minority group of late and the coolest group to be sensitive on behalf of. But Ellison's using a Koran in his swearing-in does not fit into either of those categories.
Click through, and enjoy the controversy.
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The last few people seem to be catching on to what Prager, in my mind, is saying. It's not the 'book' per se, but what the 'book' represents. The Koran couldn't be further from what our country was founded on: equality of mankind before God and each worthy of the pursuit of life, liberty, and the pursuit of happiness (I think I got those right...!) The Koran teaches, indeed MANDATES, inequality before Allah based on gender and faith. At the top of the heap are muslim men, followed by slave muslim men, followed by muslim women, then slave muslim women. The Koran allows and encourages non-believers to be killed, enslaved, raped and pillaged, whereas Jews and Christians are allowed a subhuman existence as long as they pay the dhimmi tax and submit to whatever the muslims want to do to them. In addition, muslims are allowed to lie and deceive non-muslims as long as it suits their purpose. HOW IN THE WORLD does this belief system fit in with ours? Whether or not the carrying out of the ideals of the judeo-christian philosophy has always been followed (and it obviously has not), reformers can always point back to those beliefs and effect change eventually. The harkening back to Koranic beliefs however, has led to the current onslaught of terrorism, killing, etc., all in the name of 'pure' islam. there is simply no comparison between our two belief systems and to allow the Koran to sit as equal to the Bible in this land will introduce the beginning of the watering down of the ideals this nation was founded upon, and to which islamic ideals are diametrically opposed. Prager is absolutely right in his stand. |
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I am surprised by the yawn (or not wanting to see the why) of some conservatives and Christian leaders that they are taking about this… it is important and very core issue. With the use of the Bible in the “Swearing in Ceremony” speaks to who we are as a people our history, our very root of why we are & our heart allegiance. It is wrong to have any other book there but the Bible – even if one is a Muslim (and I am not phobic!). Here is good answer as to why: One of my hero's since childhood is President T.R. ROOSEVELT this is what he said to a group of Americans who were ethnically Italian... and as far as I know T.R. wasn't Italian phobic! So read this and know that we need to express what it really means to be American that it is more than a song. "There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all. This is just as true of the man who puts “native” before the hyphen as of the man who puts German or Irish or English or French before the hyphen. Americanism is a matter of the spirit and of the soul. Our allegiance must be purely to the United States. We must unsparingly condemn any man who holds any other allegiance. But if he is heartily and singly loyal to this Republic, then no matter where he was born, he is just as good an American as any one else. The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English- Americans, French-Americans, Scandinavian- Americans, or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans (or Islamic -SJH) of that nationality than with the other citizens of the American Republic. The men who do not become Americans and nothing else are hyphenated Americans; and there ought to be no room for them in this country. The man who calls himself an American citizen and who yet shows by his actions that he is primarily the citizen of a foreign land, plays a thoroughly mischievous part in the life of our body politic. He has no place here; and the sooner he returns to the land to which he feels his real heart-allegiance, the better it will be for every good American. Addressing the Knights of Columbus in New York City...12 October 1915 Maybe the date is ninety-one years ago but Truth is Truth. One has to ask where is Keith Ellison’s real allegiance? And if you are silent or don’t have the time to give it a thought then or desire to understand the reason…then where is yours - slipping? Maybe the date is ninety-one years ago but Truth is Truth. Wake-up! Dennis is right on this point... in light of history and core.
Also read if you can "Breaking the Silence" Kerry Howley in Readers Digest December 2006, it is a very important article worth your time to read! Repectfully yours Stephen
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I was waiting for this day!!! Glory to God my Savior and my Redeemer Jesus Christ for bring this proud hypocrite’s true colors to light! Shame on you Dennis! You don’t speak for my religion!
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I'd be remiss if I didn't point out that you left Mike Adams out of the mix. Granted, you kind of covered him with the "many, many, many others," but, since Adams is a TH columnist, he should get a mention by name, don't you think? Just a small quibble, hardly worth the mention. Petty, you might say. But I had a little time on my hands to waste.
By the way, do you think lefties might be capable of saying a simple, "I think he's wrong because ..."? |
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The whole reason for referring to Holy Books in the context of an oath is because presumably the Holy Book includes injunctions to tell the truth.
The Koran specifically allows Muslims to lie to non-Muslims, especially in political contexts.
That means that using it as the symbol of commitment to truth telling is, at best, silly.
I don't really care much what Ellison holds for his ceremonial oath... but the reporting should make clear what the Koran says about Muslim freedom to lie to infidels whenever helpful.
And I'm glad Dennis Prager has brought this to our attention.... though I wish more of the coverage made the point I just mentioned. |
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Level Head stated it best, and has dutifully earned his moniker.
SteveL, robertb, and PHenry, this is absolutely not about prevailing religion or theology of America, or affirming any elected person's theology---rather, this is about tradition, and recognizing the symbolism of the book from which our nation's institutions/values emanate. The book from our nation's values and founding documents emanate did not happen to be Poor Richard's Almanac, it wasn't a Dr. Seuss book, nor was it Oprah's book of the month---it happened to be the Bible. And keep in mind people, Dennis is a Jew---he does not even hold the New Testatment as an affirmation of his own personal theology.
It's unfathomable to me, that there are people sitting at home in front of their computers submitting anonymous comments stating that Dennis Prager is somehow "dumb." Dennis probably has a higher IQ than the aggregate of the residents of most city blocks.
And by the way, all prior Christians, Mormons, Jews, agnostics, atheists, Deists, and people who believe in UFOs have all taken the oath on the Bible without throwing a fit.
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Solve the problem easily: No books, of any kind, ever to be allowed, period end of paragraph!!!! |
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This whole big controversy just proves that even wise people, like Dennis Prager, need good sounding boards to bounce ideas off of. I think if Dennis knew he was going to get this avalanche of opposition in response, from all directions, he would've taken a pass on the topic. Would've felt the same, but kept his mouth shut. You have to pick your battles.
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I appreciate your comments, PHenry, and I agree that our democracy will survive legislators of questionable background and agenda through the electoral process--the ultimate "check and balance". My point is that the issue is not one's individual freedom of religion when an oath of elective office is administered, but the historical, spiritual tradition of the United States Government. In this regard, it seems to me that an unbeliever's hand on a Bible when taking an oath is no different than a professed Christian and blatant hypocrite doing so; it is not the affiant's allegiance to God that matters, it is the United States Government's recognition of those principles on which the spiritual underpinning of the United States Government were founded. From that perspective, administering an oath from the Koran would serve as our government's endorsement of a faith and culture on which our government was undisputedly NOT founded.
If it were about the elected representative's freedom of religion, would it also be an unconstitutional exercise to require the oath-giver to do so from a holy book that is not of his or her faith? |
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do Jewish politicians swear on the Bible or the Torah? |
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Level head, if the American voters elect a neo nazi, or a pornographer, etc, that is the right of democracy. Once those said people are elected, it is in keeping for them to take their oath in line with who they are when the people elected them.
If the rule remains 'the bible or no book' then we are in the area of placing Judao-christian religion in a realm above all others. I, and I think most Americans, don't consider that in keeping with the concept of freedom of religion.
As I say above, the point is to give a level of obligation to the oath being taken. If an unbeliever places his hand on the bible, what power does that have? What is important is not what OTHERS think is the 'true book', but what the oath taker thinks. |
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How about a little "reductio ad absurdum" here. What would prevent a David Duke (in the unlikely event of his election) from placing his hand on "Mein Kampf" as his holy book of choice for swearing in purposes? If Larry Flynt were elected, would we permit him to use the latest issue of "Hustler" magazine? Why not? What makes one book "holy" and the other "unholy"?
The reality is that neither Ellison nor any other congressman needs to place his or her hand on a Bible when taking the oath of office; he or she can take the oath without any book at all. One's choice is the Bible, or no Bible. That choice does not impose religion on anyone, yet it preserves the undeniable Christian heritage of the United States of America. Prager has it right.
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(Dear Dennis)
As a conservative Christian, I am profoundly disappointed that you and others of various faiths including my own, think that "religious freedom" in American means that Jews and Moslems and Mormons and skeptics have to "go along to get along". NO, the constitution, Article 6, mandates that there should be NO religious tests and that either an oath OR affirmation is needed to support the constitution. Therefore freedom of conscience mandates that an OATH would be taken on a text that you believe is sacred, otherwise it isn't an OATH.
If the electorate chose a Satanist, then so be it, it was the voters fault not the constitution's and believe me, Christianity AND America will survive the insult , so help me G-D .
The best defense against Sharia law or theocracy as well as anti-theist secular oppression is religious freedom which includes Article 6, free speech, freedom of assembly, freedom of association, and maintenance of commonly held principles to defend each others' beliefs.
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...and missing the big camel. The proper response to Mr. Ellison's attempted in-your-face stunt is to state, simply, that he has every right to rub it in our faces. This is the United States, and freedom of speech and religion are part of our Constitutional and core values. BUT here you have an elected representative of the DEMOCRAT PARTY who is starting his new career by playing politics with the Koran, the preferred holy book of our extremist, Islamo-fascist enemies. Wouldn't that make great political commercial material for the GOP? Then let the Kos Kooks come out and throw their verbal bombs at their imagined Christian extremists. That would be great as well...
It's the politics, stupid. |
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While I think Prager is making much ado about nothing, Ellison is being allowed to get off scott-free. He is the one that announced to the world that he was using the Koran in the ceremony. He wanted someone to comment on it. Prager was dumb enough to do it.
If Ellison's faith was truly all that mattered to him in this instance, he would have quietly substituted the books and taken his oath on the Koran. He didn't want to do that. He wanted publicity. He wanted to shove the Koran in people's faces and laugh at their reactions to it. I guarantee that he is giggling himself silly over this nonsense. |
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I don't even understand what Prager's problem is. What meaning does taking an oath with your hand on the holy book of a religion you don't believe in have? It might as well be the dictionary! If Ellison was suggesting that all OTHER members of congress use the Koran too, I would see Pragers point. Otherwise, let each member swear to whatever greater power he believes in. That is, of course, assuming that many members of congress actually believe there is a power greater than themselves. I'm not so sure that is true.
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