The Republican plan to nullify the courts and establish Christian theocracy

By William Saletan | 21 November 2011


Is the United States sliding toward theocracy? That’s what Republican presidential candidates have told us for more than a year. Radical Islam, they’ve argued, is on the verge of taking over our country through Sharia law. But this weekend, at an Iowa forum sparsely covered by the press, the candidates made clear that they don’t mind theocracy—in fact, they’d like to impose it—as long as it’s Christian.

You can find video of Saturday’s “Thanksgiving Family Forum” on the Web sites of two organizations that sponsored it: CitizenLink and the Family Leader. Here are highlights of the candidates’ remarks.

1. Religious Americans must fight back against nonbelievers. To quote Herman Cain:

What we are seeing is a wider gap between people of faith and people of nonfaith. … Those of us that are people of faith and strong faith have allowed the nonfaith element to intimidate us into not fighting back. I believe we’ve been too passive. We have maybe pushed back, but as people of faith, we have not fought back.

2. The religious values we must fight for are Judeo-Christian. Rick Perry warned:

Somebody’s values are going to decide what the Congress votes on or what the president of the United States is going to deal with. And the question is: Whose values? And let me tell you, it needs to be our values—values and virtues that this country was based upon in Judeo-Christian founding fathers.

3. Our laws and our national identity are Judeo-Christian. Michele Bachmann explained:

American exceptionalism is grounded on the Judeo-Christian ethic, which is really based upon the 10 Commandments. The 10 Commandments were the foundation for our law. That’s what Blackstone said—the English jurist—and our founders looked to Blackstone for the foundation of our law. That’s our law.

4. No religion but Christianity will suffice. Perry declared, “In every person’s heart, in every person’s soul, there is a hole that can only be filled by the Lord Jesus Christ.”

5. God created our government. Bachmann told the audience:

I have a biblical worldview. And I think, going back to the Declaration of Independence, the fact that it’s God who created us—if He created us, He created government. And the government is on His shoulders, as the book of Isaiah says.

6. The U.S. law should follow God’s law. As Rick Santorum put it:

Unlike Islam, where the higher law and the civil law are the same, in our case, we have civil laws. But our civil laws have to comport with the higher law. … As long as abortion is legal—at least according to the Supreme Court—legal in this country, we will never have rest, because that law does not comport with God’s law.

7. Anything that’s immoral by religious standards should be outlawed. Santorum again:

God gave us rights, but He also gave us laws upon which to exercise those rights, and that’s what you ought to do. And, by the way, the law should comport—the laws of this country should comport with that moral vision. Why? Because the law is a teacher. If something is illegal in this country because it is immoral and it is wrong and it is harmful to society, saying that it is illegal and putting a law in place teaches. It’s not just—laws cannot be neutral. There is no neutral, Ron. There is only moral and immoral. And the law has to reflect what is right and good and just for our society.

8. The federal government should impose this morality on the states. Santorum once more:

The idea that the only things that the states are prevented from doing are only things specifically established in the Constitution is wrong. Our country is based on a moral enterprise. Gay marriage is wrong. As Abraham Lincoln said, the states do not have the right to do wrong. … As a president, I will get involved, because the states do not have the right to undermine the basic, fundamental values that hold this country together.

9. Congress should erase the judiciary’s power to review moral laws. Newt Gingrich suggested:

I am intrigued with something which Robby George at Princeton has come up with, which is an interpretation of the 14th Amendment, in which it says that Congress shall define personhood. That’s very clearly in the 14th Amendment. And part of what I would like to explore is whether or not you could get the Congress to pass a law which simply says: Personhood begins at conception. And therefore—and you could, in the same law, block the court and just say, ‘This will not be subject to review,’ which we have precedent for. You would therefore not have to have a constitutional amendment, because the Congress would have exercised its authority under the 14th Amendment to define life, and to therefore undo all of Roe vs. Wade, for the entire country, in one legislative action.

Gingrich said the same strategy could secure the Defense of Marriage Act, which bars federal recognition of same-sex marriages and protects the right of states to disregard same-sex marriages performed in other states. In his words, “You could repass DOMA and make it not appealable to the court, period.”

10. Courts that get in the way should be abolished. Gingrich again:

The simplest first step which I would take is to propose—and I hope this will be a significant part of the campaign next year—I have proposed to abolish the court of Judge Biery in San Antonio, who on June 1 issued an order that said, not only could students not pray at their graduation, they couldn’t use the word benediction, the could not say the word prayer, they could not say the word God, they could not ask people to stand for a moment of silence, they couldn’t use the word invocation, and if he broke any of those, he would put their superintendent in jail. I regard that as such a ruthless anti-American statement that he should not be on the court, and I would move to literally abolish his court, so that he could go back to private practice, as a signal to the courts.

Biery’s order was an overreach. In fact, it was overturned two days later by an appeals court. But he’s only the first target of the anti-judicial purge. The next words after Gingrich’s threat came from Santorum, who said: “I agree with a lot of what has just been said here. I would go farther—one step farther, Newt. I would abolish the entire Ninth Circuit.”

11. The purge of judges should be based on public opinion. Gingrich once more:

Part of the purpose of singling out Judge Biery and eliminating his job is to communicate the standard that the two elected branches have the power and the authority to educate the judiciary when it deviates too far from the American people. And I think you would probably take that approach.

12. Freedom means obeying morality. Santorum concluded, “Our founders understood liberty is not what you want to do, but what you ought to do. That’s what liberty really is about.”

There was one voice of dissent among the candidates. Ron Paul, the libertarian congressman from Texas, argued that people should be allowed to make bad decisions, that freedom of choice in religious matters should extend to atheists, and that powers not reserved to the federal government should be left to the states. But in a field of candidates bent on legislating Christian morality and purging uncooperative judges, Paul stood alone. Protecting America is too important to let the Constitution get in the way.

Will Saletan covers science, technology, and politics for Slate and says a lot things that get him in trouble.

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  1. Good bye, America, it was nice knowing you. I will always treasure the vacations I took there in the past, but once America becomes "Jesus Land" (and it will), I think I'll just stick to Royal Caribbean Cruises

    • You should not be talking for everyone else. Remember that "god is only in your mind and in your church." and not in my mind. I choose not to believe, but don't go around tell you not too.

    • God (however one envisions him) never left this country. He did leave the hearts of those who hate, of those who believe ‘others’ are less, of those who believe war is the only path to peace. But he does not belong in our laws in America.

  2. Let us go back to the Blessings the Founding Fathers established them by:
    "[W]ith their sincere acknowledgments and offerings, they may join the penitent confession of their manifold sins, whereby they had forfeited every favor, and their humble and earnest supplication that it may please God, through the merits of Jesus Christ, mercifully to forgive and blot them out of remembrance; that it may please him graciously to afford his blessings on the governments of these states respectively, and prosper the public council of the whole; to inspire our commanders both by land and sea, and all under them, with that wisdom and fortitude which may render them fit instruments, under the providence of Almighty God."
    –Continental Congress, November 1, 1777. National Thanksgiving Day Proclamation; as printed in the Journals of Congress.

  3. WHAT is a god? I know a dog is the species category of canines BUT CAPITALIZING DOG does not make it a proper noun. With alleged deities… There are many names for many alleged gods but it is pure bigotry for xians to pretend there is only one American god. Allah is just as fake as Jehovah or Krishna or Jeebus or Ghost Holes. THEOCRACY IS TREASON. ANY law establishing a monotheistic or trinitarian god over all Americans betrays our rights to choose zero or any gods. 843-926-1750 Dial an Atheist Larry

  4. "Anything that’s immoral by religious standards should be outlawed" Santorum

    A big point in Christianity is that Usury is immoral. I wonder how much these folks would allow for that to be made illegal for anyone to charge interest on a loan.

      • Jesus said: “And if you lend to those from whom you expect repayment, what credit is that to you? Even sinners lend to sinners, expecting to be repaid in full. But love your enemies, do good to them, and lend to them without expecting to get anything back.” (Luke 6:34-35). He thought that you shouldn’t even be able to demand the principal, let alone interest.

        Here is Martin Luther, the father of Protestantism, on the making of loans (note the phrase “damned usurer”):

        “The Gospel makes only one distinction between lending and giving, viz., a gift is not taken back and a loan is taken back if it is returned; but when we make a loan, we take the risk that it may be a gift. He who lends expecting to get back something more or something better than he has loaned, is clearly a damned usurer, since even those who lend demanding or expecting to get back just what they have lent, and taking no risk of its return, are not acting in a Christian way.”

        He like Jesus, doesn’t think that a creditor should be able to come down on his debtor even for the principal, and anyone asking interest on top of that is a “damned usurer”.

        But perhaps they needed an expert like you to tell them what Christianity is really all about. For one and a half thousand years, Christians condemned usury like they condemned sex with animals, but now you’ve come along to tell them that it’s all right.

        (I mention sex with animals because unlike lending money for profit this really is condemned in the Old Testament but not in the New, so if your feeble apologetics held any water you would have justified anyone who wanted to have sex with a dog.)

  5. So vote for Ron Paul. None of these quotes were from him…and he is pro liberty, not pro Christian, or pro Jewish, or pro any thing, he is pro choice.

  6. Can I throw up now???

    The founding fathers were mostly Deists. The GOP's vision for America contradicts completely the vision our founding fathers fought for. It is beyond disgusting. The GOP needs to be f–ing outlawed.

  7. i wonder if santorum has ever read a dictionary..

    liberty (n): freedom from control, interference, obligation, restriction, hampering conditions, etc.; power or right of doing, thinking, speaking, etc., according to choice.

  8. You people are all stupid. One look at this article and I’m dumbfounded at its lack of credibility and stupidity. Noone wants a theocracy. We are talking about basic values that exist in multiple religions. Stupid Libs.


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