Mar 14, 2005
Chris Daly: Scalia's Error
To the Editor
In his questioning of attorneys in the cases involving displays of the Ten Commandments in courthouses, Justice Antonin Scalia reveals a deeply disconcerting view of the very essence of America's system of government. In court, he called the Ten Commandments "a symbol of the fact that government derives its authority from God."
Justice Scalia may believe that, but it is not a matter of fact. Indeed, his view represents a profound misreading of our history. In the Declaration of Independence, Thomas Jefferson addressed the issue directly when he wrote that "Governments [derive] their just powers from the consent of the governed."
It is important to note that at the time, the founders were embarked on the radical course of rejecting monarchy with its rule by divine right and creating a government explicitly based on a different principle.
Besides, if governments derive their authority from God, how could we ever alter or abolish them?
Prof. Chris Daly
Boston University
In his questioning of attorneys in the cases involving displays of the Ten Commandments in courthouses, Justice Antonin Scalia reveals a deeply disconcerting view of the very essence of America's system of government. In court, he called the Ten Commandments "a symbol of the fact that government derives its authority from God."
Justice Scalia may believe that, but it is not a matter of fact. Indeed, his view represents a profound misreading of our history. In the Declaration of Independence, Thomas Jefferson addressed the issue directly when he wrote that "Governments [derive] their just powers from the consent of the governed."
It is important to note that at the time, the founders were embarked on the radical course of rejecting monarchy with its rule by divine right and creating a government explicitly based on a different principle.
Besides, if governments derive their authority from God, how could we ever alter or abolish them?
Prof. Chris Daly
Boston University