A Good Question

The Hill has a nice little opinion piece about Donald J. Trump and the Louisiana ten commandments law. That law says that every classroom in the state will display the ten commandments. Many think that Louisiana law violates the separation of church and state establishment clause of our nation’s founding documents.

But The Hill has a great idea: ask Donald Trump if he supports this during the debate, and then, as a first follow up, ask him to name the ten commandments.

Oh, boy what a word salad that would create! We’d hear great a lot. Probably hear, too, that Moses was a great friend of Trump’s, wonderful guy, used to cruise the desert together. We might be regaled by a Trump tale of how Moses wanted Trump to fly him to the flaming bush but Trump talked him out of it.

“Mo,” Trump says, further explaining, “I always called him Mo. All his close friends did, and family, some family, but I believe I’m the one who started calling him Mo. He wasn’t a Moses he was a Mo. Not like the Three Stooges but still. Three Stooges. Funniest comedians ever, so funny, very funny.

“So I told Mo, Mo, think of the optics. I’m very good with optics. I’m great with optics. Some say that I’m the greatest with optics in the world ever. Optics, you know, optics can change people’s impressions of you. It’s true. That’s why, you need to have a brand. Once you have a brand, you protect it. The Trump brand, I established the Trump brand. Very protective of it, very protective, very. Greatest brand in the world, greatest. People voted for me when I ran because they knew the Trump brand.
They knew it. They knew the Trump brand and all the Trump brand stands for. That’s why people trust me. It’s the Trump brand. The Trump brand is one of the most valuable in the world. Ever. I told Lincoln, I didn’t tell him, no, Lincoln was, but if Lincoln had been there, I would have told him, Ab, you need to create a brand. If Ab had created a brand, he’d, they would have never shot him. Democrats shot him. Democrats. Cuz they feared him. Just like they fear me. Because I tell the truth. I tell the truth. Everyone knows I always tell the truth. That’s why I wanted to lock up Hillary. But I never said that. Never said it. Never. I could have locked her up, had every right to, after I won. But I didn’t. That’s why they created the virus, the covfefe virus. The Dems did it. Worked with the Chinese. Secret government. They’re out to take over the world. That’s why they must be stopped. They’re killers. They’ll do anything to stop me. Anything. I receive more threats. If you knew, I’ve been threatened more times than Lincoln. And they killed him. So, you know, that’s a lot of threats. But I’m too tough. Too tough. The generals who worked for me in the White House, they’d tell me every day, sir, you’re so tough. Sir, you’re the toughest son of a bitch we’ve ever seen. Always call me, sir, always call me, sir. Because they respect me for my toughness. I would’ve been a great soldier. Great leader. Natural leader, natural leader. I was a leader when I was a child. People, whenever something went wrong, people would like at me and they would ask, what should we do? You’re a great leader, what should we do? See, they can see that in me. I have an aura of greatness. Also an aura of invisibility. That’s why I know so much. Put on my invisibility aura and people don’t know I’m there. So I eavesdrop on them because they don’t know I’m there because I’m invisible. That’s how I knew the FBI planted documents. I was there but I had my invisibility aura on and they couldn’t see me. They couldn’t see me but I saw. And I heard. So I know what they did.

“Did you know I have an invisibility aura? Let me put it on for you. I’ll put it on right now. See? You can’t see me know, can you? That’s because I’m invisible. But you can see Biden. You can see Joe Biden. He’s standing there, on the other side of the stage. You can see him because he can’t become invisible like I can. That’s why you should vote for me.”

The Basis for Law

A good friend of mine, Herb, is a retired Yale professor. Hailing from Louisiana, he also has a lifetime of passionate progressive activism behind him. As part of his next act, he’s trying to help establish an online local news, Ashland.news, working with a handful of others. In accordance with that activity, he also publishes opinion pieces.

This week, Herb took on his home state’s misguided efforts to post the ten commandments in every school classroom. Louisiana proponents of that effort claim that the ten commandments are the basis of law in the United States. Without saying, poppycock, Herb points out that isn’t so, focusing on the Supreme Court building to help establish his point. It’s not a long article and I invite you to read it, but these are the gist of Herb’s position.

I would welcome opposition to publicly sponsored display of the Ten Commandments on historical and moral as well as Constitutional grounds. I would (and now will) argue that as a code of justice the Ten Commandments are rudimentary, and they were not especially formative of U.S. law.

In a National Public Radio interview, Dodie Horton, who sponsored the mandatory display bill in the Louisiana senate, contended, “Our laws are based on the Ten Commandments. In fact, without them, a lot of our laws would not exist.” Which laws might she mean (the interviewer didn’t ask)? It needs no voice from a thundercloud to teach us not to murder, steal or bear false witness. No society can tolerate such actions because they destroy social cohesion.

Hebrew society wasn’t even the first to write down these prohibitions. The Code of Ur-Nammu antedates the Book of Exodus by at least a millennium. In it, murder, rape, robbery and adultery are capital crimes. A somewhat later and more famous Mesopotamian code, ascribed to Hammurabi, has 282 laws and regulations addressing a wide range of social and economic interactions. A portrait of Hammurabi in marble relief is included in the frieze on the south wall of the U.S. Supreme Court chamber.

The figures in that frieze and its continuation on the north wall point to the many sources of our laws. Reading the south frieze left to right: Menis (from ancient Egypt), Hammurabi, Moses, Solomon, Lycurgus (ancient Sparta), Solon and Draco (ancient Athens), Confucius and Augustus Caesar. Reading the north frieze from left to right: Justinian, Muhammed, Charlemagne, King John (because he signed the Magna Carta), Louis IX, Hugo Grotius, William Blackstone, John Marshall and Napoleon.

We don’t have legal documents from all these figures, but most of them represent legal developments that were formative for us. Pace Ms. Horton, were there no Ten Commandments, our laws would look no different than they are, but they are unimaginable without the Corpus Juris Civilis (Body of Civil Law), the codification of Roman law under the auspices of the 6th century CE Eastern Roman emperor Justinian I. An even more formative influence was William Blackstone’s “Commentaries on the Laws of England” of the 18th century. It’s the best-known description of the doctrines of the English common law, which developed separately from Roman law.

If Republicans were more interested in facts instead of myths, they would know the facts as Herb laid them out. Unfortunately, they’re too busy suborning the U.S. Constitution and its foundations and forcing their religion on everyone else to bother learning facts.

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