Moses Didn't Write The Constitution:
by Thom Hartmann"
Two main arguments are being put forward these days about state-sponsored displays of the Ten Commandments. The first is that they are the basis of Anglo-Saxon law, leading to ancient British law, leading to American law. The second is that sometimes the displays of them are purely decorative, part of a larger display of other legal and/or religious symbols (as is seen in the Supreme Court chamber itself).
The decorative/art argument is a reasonable one, and probably the one the Supreme Court will adopt with relation to the Texas display. ...
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In a February 10, 1814 letter to Dr. Thomas Cooper, Jefferson addressed the question directly. "Finally, in answer to Fortescue Aland's question why the Ten Commandments should not now be a part of the common law of England we may say they are not because they never were." Anybody who asserted that the Ten Commandments were the basis of American or British law was, Jefferson said, mistakenly believing a document put forth by Massachusetts and British Puritan zealots which was "a manifest forgery."
The reason was simple, Jefferson said. British common law, on which much American law was based, existed before Christianity had arrived in England. ... Just looking at the timeline of English history demonstrated it was impossible:
"But Christianity was not introduced till the seventh century; the conversion of the first Christian king of the Heptarchy having taken place about the year 598, and that of the last about 686. Here, then, was a space of two hundred years, during which the common law was in existence, and Christianity no part of it...."
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In a January 24, 1814 letter to John Adams, Jefferson went through a detailed lawyer's brief to show that the entire idea that the laws of both England and the United States came from the Ten Commandments rests on a single man's mistranslation in 1658, often repeated, and totally false.
"It is not only the sacred volumes they [the churches] have thus interpolated, gutted, and falsified, but the works of others relating to them, and even the laws of the land," he wrote. "Our judges, too, have lent a ready hand to further these frauds, and have been willing to lay the yoke of their own opinions on the necks of others; to extend the coercions of municipal law to the dogmas of their religion, by declaring that these [Ten Commandments] make a part of the law of the land." ...
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