Living in Alabama, I was at ground zero of
the 2003 debate over Chief Justice Roy Moore's placement of the Ten Commandments monument in the rotunda of the Alabama Supreme Court. The majority of people in the state supported the placement of the monument, with a common argument being that the laws of this country were based on "Judeo-Christian principles" and the Ten Commandments were the "moral foundation" of our laws. This claim is, of course, ludicrously absurd, as our early legal system was based on the English common law system, brought over by the first settlers, which was, in turn, based on the traditions of the early Germanic barbarian settlers to the island of Great Britain. The courts ruled this very way, stating that the monument served a purely religious purpose and must be removed under the
Establishment Clause of the First Amendment.
For this exercise, I will be using the protestant version of the Ten Commandments from the King James Version of the Bible. I will take each commandment from Exodus 20, and comparing it to United States law to prove that the Ten Commandments had no influence over the laws in the US.
The First Commandment
Thou shalt have no other gods before me.
According to the First Amendment,
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". Article VI, section 3 of the United States Constitution states that
"no religious test shall ever be required as a qualification to any office or public trust under the United States." Taken together, these two sentences mean that the First Commandment is incompatible with US law and is unconstitutional.
The Second, Third, and Fourth Commandments
Thou shalt not make unto thee any graven image, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in the water under the earth.
Thou shalt not take the name of the LORD thy God in vain; for the LORD will not hold him guiltless that taketh his name in vain.
Remember the sabbath day, to keep it holy.
These all apply directly to religious worship. The statements about the First Commandment all apply equally here.
The Fifth Commandment
Honour thy father and thy mother: that thy days may be long upon the land which the LORD thy God giveth thee.
It is no doubt a good thing to honor your parents, especially when you are young, but it is not the place of government to legislate this. No one would be able to agree on what constitutes honoring, and it would not be possible to provide the punishment/reward outlined in the commandment.
The Sixth Commandment
Thou shalt not kill.
Finally, we have our first parallel. Murder is illegal in the United States. However, the parallel is meaningless, because every nation in the world, regardless of religion, have laws against murder. It is universal across all cultures and religions, and is in no way unique to the Abrahamic religions.
The Seventh Commandment
Thou shalt not commit adultery.
While it's true that, in my opinion, adultery is morally reprehensible, it is not illegal, nor do I think it should be. It's a personal issue, and states have legal recourse in place to assist the victim of adultery in civil proceedings. Any more than this would overstep the bounds of government.
The Eighth Commandment
Thou shalt not steal.
Another hit, and just like the Sixth Commandment, the fact that stealing is illegal has nothing to do with religion. It, like murder, is a concept universal to all societies. No one likes their possessions taken, so in any society, rules have to be made. Everyone understands the pain/frustration caused by even small thefts, so it creates a moral obligation not to put anyone else through this. Laws against theft are merely a codification of this concept.
The Ninth Commandment
Thou shalt not bear false witness against thy neighbour.
This one is probably a hit. This commandment is generally taken to refer to perjury, the act of lying during court proceedings. Just like murder and theft, perjury laws are vital to any society. A legal system cannot work if people feel free to lie during court examination. Again, this a universally understood legal concept that transcends culture and religion.
The Tenth Commandment
Thou shalt not covet thy neighbour's house, thou shalt not covet thy neighbour's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbour's.
If people could be arrested or punished merely for their thoughts, we'd all be lawbreakers. This is unenforceable and unmonitorable as law.
So, in the end, there are only three of the ten that have any parallel in United States law, and it is demonstrable that none of these are US law because they are commandments.
Labels: Politics, Religion