Tuesday, June 25, 2013
Sephardi leader Yosef: Non-Jews exist to serve Jews By Marcy OsterOctober 18, 2010 10:40pm JERUSALEM (JTA) — Israeli Sephardic leader Rabbi Ovadia Yosef in his weekly Saturday night sermon said that non-Jews exist to serve Jews. “Goyim were born only to serve us. Without that, they have no place in the world; only to serve the People of Israel,” he said during a public discussion of what kind of work non-Jews are allowed to perform on Shabbat. "Why are gentiles needed? They will work, they will plow, they will reap. We will sit like an effendi and eat," he said to some laughter. Yosef, the spiritual leader of the Shas Party and the former chief Sephardi rabbi of Israel, also said that the lives of non-Jews are protected in order to prevent financial loss to Jews. "With gentiles, it will be like any person: They need to die, but God will give them longevity. Why? Imagine that one’s donkey would die, they’d lose their money. This is his servant. That’s why he gets a long life, to work well for this Jew,” said the rabbi, who recently turned 90. An audio recording of some of the rabbi’s remarks was broadcast on Israel’s Channel 10. The American Jewish Committee condemned the rabbi’s remarks in a statement issued Monday. "Rabbi Yosef’s remarks — suggesting outrageously that Jewish scripture asserts non-Jews exist to serve Jews — are abhorrent and an offense to human dignity and human equality,” said AJC Executive Director David Harris. "Judaism first taught the world that all individuals are created in the divine image, which helped form the basis of our moral code. A rabbi should be the first, not the last, to reflect that bedrock teaching of our tradition." Tags: Top Headlines We've redesigned our website! Now is a critical time for you to support JTA. Please donate today. Marcy Oster is a JTA correspondent in Israel. She worked at the Cleveland Jewish News for nearly 12 years and was senior staff reporter when she made aliyah in 2000. She has won several awards for her writing from organizations including The Press Club of Cleveland, Society for Professional Journalists, Women in Communications and the American Jewish Press Association. Read more: http://www.jta.org/2010/10/18/news-opinion/israel-middle-east/sephardi-leader-yosef-non-jews-exist-to-serve-jews#ixzz2XFBLdbl4
Monday, June 17, 2013
NaturalNews) Late last week, a story broke that revealed glyphosate -- the chemical name of Roundup herbicide -- multiplies the proliferation of breast cancer cells by 500% to 1300%... even at exposures of just a few parts per trillion (ppt). The study, published in Food and Chemical Toxicology, is entitled, "Glyphosate induces human breast cancer cells growth via estrogen receptors." You can read the abstract here. There's a whole lot more to this story, however, but to follow it, you need to understand these terms: ppm = parts per million = 10 (-6) = number of parts out of a million ppb = parts per billion = 10 (-9), which is 1,000 times smaller than ppm ppt = parts per trillion = 10 (-12), which is 1,000 times smaller than ppb and 1,000,000 times smaller than ppm The study found that breast cancer cell proliferation is accelerated by glyphosate in extremely low concentrations: ppt to ppb. The greatest effect was observed in the ppb range, including single-digit ppb such as 1 ppb. This news, all by itself, sent shockwaves across the 'net all weekend. Women were asking things like: "You mean to tell me that glyphosate residues on crops in just ppt or ppb concentrations can give me breast cancer?" It doesn't exactly translate like that. It depends on how much you eat vs. your body mass (nanograms of glyphosate per kilogram of body weight). But with ridiculously small amounts of this chemical now being correlated to cancer cell proliferation, you don't have to eat much at all in order to put yourself at risk. But it's not just eating glyphosate that's the problem. You're also DRINKING it. California allows 1,000 ppb of glyphosate in drinking water In December of 1997, California released its Glyphosate in Drinking Water California Public Health Goal (PHG) document. You can view the document yourself at: http://oehha.ca.gov/water/phg/pdf/glypho_c.pdf The document openly admits: Glyphosate is a non-selective systemic herbicide used in agriculture, rights-of-way and aquatic systems. Exposure to glyphosate may occur from its normal use due to drift, residues in food crops and from runoff into potential drinking water sources. It then goes on to state something borrowed straight from Monsanto's quack science team: "Glyphosate is not mutagenic or teratogenic and there is no evidence for reproductive toxicity in multigeneration studies in rats." Based on this blatant lie, California set an upper limit of "1.0 mg/L (1,000 ppb) for glyphosate in drinking water." Yes, that's 1,000 times higher than the amount now shown to cause a 500% to 1300% increase in cancer cell proliferation. What's even more shocking is that California's allowable exposure level was nearly 50% HIGHER than the federal (EPA) level -- 700 ppb. Yes, California -- the state where more people are concerned about GMOs than seemingly anywhere else -- actually used Monsanto-sounding language in its "official" report that set a higher water contamination level than the federal government! Glyphosate carcinotoxicity was documented years earlier Even though California released this document in 1997, the state was already willfully ignoring a growing body of scientific evidence documenting glyphosate toxicity. For example, a study published two years earlier -- in 1995 -- in the Journal of Pesticide Reform (Volume 15, Number 3, Fall 1995) written by Caroline Cox concluded: Glyphosate-containing products are acutely toxic to animals, including humans. ...In animal studies, feeding of glyphosate for three months caused reduced weight gain, diarrhea, and salivary gland lesions. Lifetime feeding of glyphosate caused excess growth and death of liver cells, cataracts and lens degeneration, and increases in the frequency of thyroid, pancreas, and liver tumors. Glyphosate-containing products have caused genetic damage in human blood cells... reduced sperm counts in male rats... an increase in fetal loss... In other words, California knew -- or should have known -- that glyphosate was harmful to humans. But the California government willfully ignored this evidence and seemingly went out of its way to incorporate deceptive Monsanto spin into its "Public Health Goal" documents, thereby allowing 1,000 times higher levels of glyphosate in drinking water than we now know to cause cancer cell proliferation. Ten years later, California lowers its level by just 10% Fast forward to 2007. After a public comment period which was no doubt dominated by disinfo-spewing Monsanto trolls, the state of California issued an updated Public Health Goal (PHG) document. You can view that document here: http://oehha.ca.gov/water/phg/pdf/080406dglyphosate.pdf It concludes that the allowable glyphosate exposure for all Californians should be lowered to 900 ppb -- still nine hundred times higher than the amount needed to accelerate cancer cell growth as we see in the study released last week. This 2007 document from the California government also borrows language that sounds like it's right out of Monsanto's P.R. department: "Based on the genotoxicity and carcinogenicity study results, glyphosate is not likely to pose a cancer hazard to humans," it says. Now the evidence is becoming clear: Monsanto's chemicals are killing women Now it's 2013. We've seen the horrific results of the GMO rat study revealing the growth of massive tumors in rats exposed to GMOs and Roundup (glyphosate). We've also now seen the "parts per trillion" study showing cancer cell proliferation being caused by ultra-low concentrations of glyphosate. We also know the biotech industry has gone to ridiculous lengths to spread disinfo on all this -- to try to discredit scientists who speak out against GMOs and glyphosate, to get scientists blackballed from the industry, and to buy off politicians and members of the press to make sure there is no coverage granted to any scientific studies reporting the dangers of genetically modified crops (and their related chemical herbicides). Glyphosate is the new DDT Based on what we're seeing now, I believe glyphosate is the most toxic chemical that has ever been widely deployed across our food supply. Glyphosate is the new DDT, and it's contaminating our waterways, soils, food and bodies. Furthermore, the California government has clearly been complicit in allowing extremely high levels of glyphosate to contaminate the public drink water, thereby causing tens of millions of Californians to be poisoned with concentrations of glyphosate that promote cancer cell growth. And what will the California government tell you now that the truth has come out? Now that they've allowed their own population to be exposed to a thousand times the concentration needed to accelerate the growth of cancer tumors? "Run for the cure!" And don't label GMOs, either, because you don't have a right to know whether you're eating deadly poison in your food. Learn more: http://www.naturalnews.com/040808_glyphosate_breast_cancer_drinking_water.html#ixzz2WWRXOZqS
Anonymous Theme: * Income Tax all based on signing an oath / affirmation... * Importance of Learning a Trade... In all of history there has been but one successful protest against an income tax. It is little understood in that light, primarily because the remnants of protest groups still exist, but no longer wish to appear to be /'anti-government.'/ They do not talk much about these roots. Few even know them. We need to go back in time about 400 years to find this success. It succeeded only because the term /'jurisdiction' /was still well understood at that time as meaning /'oath spoken.' 'Juris'/, in the original Latin meaning, is /'oath.' 'Diction',/ as everyone knows, means /'spoken.'/ The protest obviously did not happen here in the USA. It occurred in England. Given that the origins of our law are traced there, most of the relevant facts in this matter are still applicable in this nation. Here is what happened: The Bible had just recently been put into print. To that time, only the churches and nobility owned copies due to the extremely high cost of paper. Contrary to what you have been taught, it was not the invention of movable type that led to printing this and other books. That concept had been around for a very long time. It just had no application. Printing wastes some paper. Until paper prices fell, it was cheaper to write books by hand than to print them with movable type. The handwritten versions were outrageously costly, procurable only by those with extreme wealth: churches, crowns and the nobility. The wealth of the nobility was attributable to feudalism. /'Feud'/ is Old English for /'oath.' / The nobility held the land under the crown. But unimproved land, itself, save to hunter / gatherers, is rather useless. Land is useful to farming. So that is how the nobility made their wealth. No, they did not push a plow. They had servants to do it. The nobility would not sell their land, nor would they lease it. They rented it. Ever paid rent without a lease? Then you know that if the landlord raised the rent, you had no legal recourse. You could move out or pay. But what if you could not have moved out? Then you would have a feel for what feudalism was all about. A tenant was not a freeman. He was a servant to the /(land)/lord, the noble. In order to have access to the land to farm it, the noble required that the tenant kneel before him, hat in hand, swear an oath of fealty and allegiance and kiss his ring /(extending that oath in that last act to the heirs of his estate)./ That oath established a servitude. The tenant then put his plow to the fields. The rent was a variable. In good growing years it was very high, in bad years it fell. The tenant was a subsistence farmer, keeping only enough of the produce of his labors to just sustain him and his family. Rent was actually an /'income tax.' / The nobleman could have demanded 100% of the productivity of his servant except . . . under the common law, a servant was akin to livestock. He had to be fed. Not well fed, just fed, same as a horse or cow. And, like a horse or cow, one usually finds it to his benefit to keep it fed, that so that the critter is productive. Thus, the tenant was allowed to keep some of his own productivity. Liken it to a /'personal and dependent deductions.'/ The freemen of the realm, primarily the tradesmen, were unsworn and unalleiged. They knew it. They taught their sons the trade so they would also be free when grown. Occasionally they took on an apprentice under a sworn contract of indenture from his father. His parents made a few coins. But the kid was the biggest beneficiary. He would learn a trade. He would never need to become a tenant farmer. He would keep what he earned. He was only apprenticed for a term of years, most typically about seven. The tradesmen did not need adolescents; they needed someone strong enough to pull his own weight. They did not take on anyone under 13. By age 21 he would have learned enough to practice the craft. That is when the contract expired. He was then called a /'journeyman.' / Had he made a journey? No. But, if you pronounce that word, it is */"Jur-nee-man."/* He was a /'man,'/formerly /("nee")/, bound by oath /('jur')/. He would then go to work for a /'master' (craftsman)/. The pay was established, but he could ask for more if he felt he was worth more. And he was free to quit. Pretty normal, eh? Yes, in this society that’s quite the norm. But 400 some years ago these men were the exceptions, not the rule. At some point, if the journeyman was good at the trade, he would be recognized by the market as a /'master'/ /(craftsman)/ and people would be begging him to take their children as apprentices, so they might learn from him, become journeymen, and keep what they earned when manumitted at age 21! The oath of the tenant ran for life. The oath of the apprentice’s father ran only for a term of years. Still, oaths were important on both sides. In fact, the tradesmen at one point established guilds /(means 'gold')/ as a protection against the potential of the government attempting to bind them into servitudes by compelled oaths. When an apprentice became a journeyman, he was allowed a membership in the guild only by swearing a secret oath to the guild. He literally swore to /'serve gold.' /Only gold. He swore he would only work for pay! Once so sworn, any other oath of servitude would be a perjury of that oath. He bound himself for life to never be a servant, save to the very benevolent master: gold! /(Incidentally, the Order of Free and Accepted Masons is a remnant of one of these guilds. Their oath is a secret. They would love to have you think that the 'G' in the middle of their logo stands for 'God.' The obvious truth is that it stands for 'GOLD' - [some say 'Generation.'])/ Then the Bible came to print. The market for this time wasn’t the wealthy. They already had a handwritten copy. Nor was it the tenants. They were far too poor to make this purchase. The market was the tradesmen - and the book was still so costly that it took the combined life savings of siblings to buy a family Bible. The other reason that the tradesmen were the market was that they would also be taught how to read as part of their apprenticeship. As contractors they had to know how to do that! Other than the families of the super-rich/(and the priests)/ nobody else knew how to read. These men were blown away when they read Jesus’ command against swearing oaths /(Matthew 5:33-37)/. This was news to them. For well over a millennia they had been trusting that the church - originally just the Church of Rome, but now also the Church of England - had been telling them everything they needed to know in that book. Then they found out that Jesus said /(Matthew 5:34)/, */"Swear not at all..."/* /'oaths.' /Talk about an eye-opener. Imagine seeing a conspiracy revealed that went back over 1000 years. Without oaths there would have been no tenants, laboring for the nobility, and receiving mere subsistence in return. The whole society was premised on oaths; the whole society CLAIMED it was Christian, yet, it violated a very simple command of Christ! And the tradesmen had done it, too, by demanding sworn contracts of indenture for apprentices and giving their own oaths to the guilds. They had no way of knowing that was prohibited by Jesus! They were angry. /'Livid' /might be a better term. The governments had seen this coming. What could they do? Ban the book? The printing would have simply moved underground and the millennia long conspiracy would be further evidenced in that banning. They came up with a better scheme. You call it the /'Reformation.'/ In an unprecedented display of unanimity, the governments of Europe adopted a treaty. This treaty would allow anyone the State-right of founding a church. It was considered a State right, there and then. The church would be granted a charter. It only had to do one very simple thing to obtain that charter. It had to assent to the terms of the treaty. Buried in those provisions, most of which were totally innocuous, was a statement that the church would never oppose the swearing of lawful oaths. Jesus said, */"None."/* The churches all said /(and still say)/, */"None, except . . ."/* Who do you think was /(is)/ right? The tradesmen got even angrier! They had already left the Church of England. But with every new /'reformed' /church still opposing the clear words of Christ, there was no church for them to join - or found. They exercised the right of assembly to discuss the Bible. Some of them preached it on the street corners, using their right of freedom of speech. But they could not establish a church, which followed Jesus’ words, for that would have required assent to that treaty which opposed what Jesus had commanded. To show their absolute displeasure with those who’d kept this secret for so long, they refused to give anyone in church or state any respect. It was the custom to doff one’s hat when he encountered a priest or official. They started wearing big, ugly black hats, just so that the most myopic of these claimed "superiors" wouldn’t miss the fact that the hat stayed atop their head. Back then the term /'you'/ was formal English, reserved for use when speaking to a superior. /'Thee' /was the familiar pronoun, used among family and friends. So they called these officials only by the familiar pronoun /'thee' /or by their Christian names, /'George, Peter, Robert, etc.'/ We call these folk /'Quakers.' /That was a nickname given to them by a judge. One of them had told the judge that he would better */"Quake before the Lord, God almighty."/* The judge, in a display of irreverent disrespect replied, */"Thee are the quaker here."/* They found that pretty funny, it being such a total misnomer /(as you shall soon see)/, and the nickname stuck. With the huge membership losses from the Anglican Church - especially from men who’d been the more charitable to it in the past - the church was technically bankrupt. It wasn’t just the losses from the Quakers. Other people were leaving to join the new /'Reformed Churches.'/ Elsewhere in Europe, the Roman Church had amassed sufficient assets to weather this storm. The far newer Anglican Church had not. But the Anglican Church, as an agency of the State, cannot go bankrupt. It becomes the duty of the State to support it in hard times. Parliament did so. It enacted a tax to that end. A nice religious tax, and by current standards a very low tax, a tithe /(10%)/. But it made a deadly mistake in that. The Quakers, primarily as tradesmen, recognized this income tax as a tax /'without jurisdiction,'/ at least so far as they went. As men unsworn and unallieged, they pointed out that they did not have to pay it, nor provide a return. Absent their oaths establishing this servitude, there was /'no jurisdiction.'/ And they were right. Despite laws making it a crime to willfully refuse to make a return and pay this tax, NONE were charged or arrested. That caused the rest of the society to take notice. Other folk who had thought the Quakers were /'extremists' /suddenly began to listen to them. As always, money talks. These guys were keeping all they earned, while the rest of the un-sworn society, thinking this tax applied to them, well; they were out 10%. The Quaker movement expanded significantly, that proof once made in the marketplace. Membership in the Anglican Church fell even further, as did charity to it. The taxes were not enough to offset these further losses. The tithe /(income)/ tax was actually counterproductive to the goal of supporting the church. The members of the government and the churchmen were scared silly. If this movement continued to expand at the current rate, no one in the next generation would swear an oath. Who would then farm the lands of the nobility? Oh, surely someone would, but not as a servant working for subsistence. The land would need to be leased under a contract, with the payment for that use established in the market, not on the unilateral whim of the nobleman. The wealth of the nobility, their incomes, was about to be greatly diminished. And the Church of England, what assets it possessed, would need to be sold-off, with what remained of that church greatly reduced in power and wealth. But far worse was the diminishment of the respect demanded by the priests and officials. They had always held a position of superiority in the society. What would they do when all of society treated them only as equals? They began to use the term /'anarchy.'/ But England was a monarchy, not an anarchy. And that was the ultimate solution to the problem, or so those in government thought. There is an aspect of a monarchy that Americans find somewhat incomprehensible, or at least we did two centuries ago. A crown has divine right, or at least it so claims. An expression of the divine right of a crown is the power to rule by demand. A crown can issue commands. The king says, */"jump."/* Everyone jumps. Why do they jump? Simple. Ir is a crime to NOT jump. To /'willfully fail (hey, there’s a couple of familiar terms) to obey a crown command' /is considered to be a treason, high treason. The British crown issued a Crown Command to end the tax objection movement. Did the crown order that everyone shall pay the income tax? No, that was not possible. There really was /'no jurisdiction.' /And that would have done nothing to cure the lack of respect. The crown went one better. It ordered that every man shall swear an oath of allegiance to the crown! Damned Christian thing to do, eh? Literally! A small handful of the tax objectors obeyed. Most refused. It was a simple matter of black and white. Jesus said /(Matthew 5:34)/: /*"swear not at all."*/ They opted to obey Him over the crown. That quickly brought them into court, facing the charge of high treason. An official would take the witness stand, swearing that he had no record of the defendant’s oath of allegiance. Then the defendant was called to testify, there being no right to refuse to witness against one’s self. He refused to accept the administered oath. That refusal on the record, the court instantly judged him guilty. Took all of 10 minutes. That expedience was essential, for there were another couple hundred defendants waiting to be tried that day for their own treasons against the crown. In short order the jails reached their capacity, plus. But they were not filled as you would envision them. The men who had refused the oaths were not there. Their children were. There was a /'Stand-in'/ law allowing for that. There was no social welfare system. The wife and children of a married man in prison existed on the charity of church and neighbors, or they ceased to exist, starving to death. It was typical for a man convicted of a petty crime to have one of his kid's stand in for him for 30 or 90 days. That way he could continue to earn a living, keeping bread on the table, without the family having to rely on charity. However, a man convicted of more heinous crimes would usually find it impossible to convince his wife to allow his children to serve his time. The family would prefer to exist on charity rather than see him back in society. But in this case the family had no option. The family was churchless. The neighbors were all in the same situation. Charity was non-existent for them. The family was destined to quick starvation unless one of the children stood in for the breadwinner. Unfortunately, the rational choice of which child should serve the time was predicated on which child was the least productive to the family earnings. That meant nearly the youngest, usually a daughter. Thus, the prisons of England filled with adolescent females, serving the life sentences for their dads. Those lives would be short. There was no heat in the jails. They were rife with tuberculosis and other deadly diseases. A strong man might last several years. A small girl measured her remaining time on earth in months. It was Christian holocaust, a true sacrifice of the unblemished lambs. /(And, we must note, completely ignored in virtually every history text covering this era, lest the crown, government and church be duly embarrassed.)/ Despite the high mortality rate the jails still overflowed. There was little fear that the daughters would be raped or die at the brutality of other prisoners. The other prisoners, the real felons, had all been released to make room. Early release was premised on the severity of the crime. High treason was the highest crime. The murderers, thieves, arsonists, rapists, etc., had all been set free. That had a very profound effect on commerce. It stopped. There were highwaymen afoot on every road. Thugs and muggers ruled the city streets. The sworn subjects of the crown sat behind bolted doors, in cold, dark homes, wondering how they would exist when the food and water ran out. They finally dared to venture out to attend meetings to address the situation. At those meetings they discussed methods to overthrow the crown to which they were sworn! Call that perjury. Call that sedition. Call it by any name, they were going to put their words into actions, and soon, or die from starvation or the blade of a thug. Here we should note that chaos /(and nearly anarchy: 'no crown')/ came to be, not as the result of the refusal to swear oaths, but as the direct result of the governmental demand that people swear them! The followers of Jesus’ words did not bring that chaos, those who ignored that command of Christ brought it. The crown soon saw the revolutionary handwriting on the wall and ordered the release of the children and the recapture of the real felons, before the government was removed from office under force of arms. The courts came up with the odd concept of an /'affirmation in lieu of oath.'/ The Quakers accepted that as a victory. Given what they had been through, that was understandable. However, Jesus also prohibited affirmations /(Matthew 5:36,37)/, calling the practice an oath */"by thy head." /*Funny that He could foresee the legal concept of an affirmation 1600 years before it came to be. Quite a prophecy! When the colonies opened to migration, the Quakers fled Europe in droves, trying to put as much distance as they could between themselves and crowns. They had a very rational fear of a repeat of the situation. That put a lot of them here in the United States of America, enough that they had a very strong influence on politics. They could have blocked the ratification of the Constitution had they opposed it. Some of their demands were incorporated into it, as were some of their concessions, in balance to those demands. Their most obvious influence found in the Constitution is the definition of treason, the only crime defined in that document. Treason here is half of what can be committed under a crown. In the United States treason may only arise out of an /(overt)/ ACTION. A refusal to perform an action at the command of the government is not a treason, hence, NOT A CRIME. You can find that restated in the Bill of Rights, where the territorial jurisdiction of the courts to try a criminal act is limited to the place wherein the crime shall have been COMMITTED. A refusal or failure is not an act /'committed' /- it is the opposite, an act /'omitted.'/ In this nation /'doing nothing' /cannot be criminal, even when someone claims the power to command you do something. That concept in place, the new government would have lasted about three years. You see, if it were not a crime to fail to do something, then the officers of that government would have done NOTHING - save to draw their pay. That truth forced the Quakers to a concession. Anyone holding a government job would need be sworn /(or affirmed) /to support the Constitution. That Constitution enabled the Congress to enact laws necessary and proper to control the powers vested in these people. Those laws would establish their duties. Should such an official /'fail'/ to perform his lawful duties, he would evidence in that omission that his oath was false. To swear a false oath is an ACTION. Thus, the punishments for failures would exist under the concept of perjury, not treason. But that was only regarding persons under oath of office, who were in office only by their oaths. And that is still the situation. It is just that the government has very cleverly obscured that fact so that the average man will pay it a rent, a tax on income. As you probably know, the first use of income tax here came well in advance of the 16th amendment. That tax was NEARLY abolished by a late 19th century Supreme Court decision. The problem was that the tax was not apportioned, and could not be apportioned; that because of the fact that it rested on the income of each person earning it, rather than an up-front total, divided and meted out to the several States according to the census. But the income tax was not absolutely abolished. The court listed a solitary exception. The incomes of federal officers, derived as a benefit of office, could be so taxed. You could call that a /'kick back'/ or even a /'return.' /Essentially, the court said that what Congress gives, it can demand back. As that would not be income derived within a State, the rule of apportionment did not apply. Make sense? Now, no court can just make up rulings. The function of a court is to answer the questions posed to it. And in order to pose a question, a person needs /'standing.' /The petitioner has to show that an action has occurred which affects him, hence, giving him that standing. For the Supreme Court to address the question of the income of officers demonstrates that the petitioner was such. Otherwise, the question could not have come up. Congress was taxing his benefits of office. But Congress was ALSO taxing his outside income, that from sources within a State. Could have been interest, dividends, rent, royalties, and even alimony. If he had a side job, it might have even been commissions or salary. Those forms of income could not be taxed. However, Congress could tax his income from the benefits he derived by being an officer. That Court decision was the end of all income taxation. The reason is pretty obvious. Rather than tax the benefits derived out of office, it is far easier to just reduce the benefits up front! Saves time. Saves paper. The money stays in Treasury rather than going out, then coming back as much as 15 or 16 months later. So, even though the benefits of office could have been taxed, under that Court ruling, that tax was dropped by Congress. There are two ways to overcome a Supreme Court ruling. The first is to have the court reverse itself. That is a very strange concept at law. Actually, it is an impossibility at law. The only way a court can change a prior ruling is if the statutes or the Constitution change, that changing the premises on which its prior conclusion at law was derived. Because it was a Supreme Court ruling nearly abolishing the income tax, the second method, an Amendment to the Constitution, was used to overcome the prior decision. That was the 16th Amendment. The 16th Amendment allows for Congress to tax incomes from whatever source derived, without regard to apportionment. Whose incomes? Hey, it doesn’t say /(nor do the statues enacted under it)/. The Supreme Court has stated that this Amendment granted Congress /'no new powers.' /That is absolutely true. Congress always had the power to tax incomes, but only the incomes of officers and only their incomes derived out of a benefit of office. All the 16th did was extend that EXISTING POWER to tax officers’ incomes /(as benefits of office)/ to their incomes from other sources /(from whatever source derived)./ The 16th Amendment and the statutes enacted thereunder do not have to say whose incomes are subject to this tax. The Supreme Court had already said that: officers. That’s logical. If it could be a crime for a freeman to/'willfully fail' /to file or pay this tax, that crime could only exist as a treason by monarchical definition. In this nation a crime of failure may only exist under the broad category of a perjury. Period, no exception. Thus, the trick employed by the government is to get you to claim that you are an officer of that government. Yeah, you’re saying, */"Man, I’d never be so foolish as to claim that."/* I will bet you $100 that I can prove that you did it, and that you will be forced to agree. Did you ever sign a tax form, a W-4, a 1040? Then you did it! Look at the fine print at the bottom of the tax forms you once signed. You declared that it was /'true'/ that you were /'under penalties of perjury.' /Are you? Were you? Perjury is a felony. To commit a perjury you have to FIRST be under oath /(or affirmation)/. You know that. It is common knowledge. So, to be punished for a perjury you would need to be under oath, right? Right. There is no other way, unless you pretend to be under oath. To pretend to be under oath is a perjury automatically. There would be no oath. Hence it is a FALSE oath. Perjury rests on making a false oath. So, to claim to be /'under penalties of perjury' /is to claim that you are under oath. That claim could be true, could be false. But if false, and you knowingly and willingly made that false claim, then you committed a perjury just by making that claim. You have read the Constitution. How many times can you be tried and penalized for a single criminal act? Once? Did I hear you right? Did you say once; only once? Good for you. You know that you cannot even be placed in jeopardy of penalty /(trial)/ a second time. The term /'penalties' /is plural. More than one. Oops. Didn’t you just state that you could only be tried once, penalized once, for a single criminal action? Sure you did. And that would almost always be true. There’s a solitary exception. A federal official or employee may be twice tried, twice penalized. The second penalty, resulting out of a conviction of impeachment, is the loss of the benefits of office, for life. Federal officials are under oath, an oath of office. That is why you call them civil servants. That oath establishes jurisdiction /(oath spoken),/ allowing them to be penalized, twice, for a perjury /(especially for a perjury of official oath)/. You have been tricked into signing tax forms under the perjury clause. You are not under oath enabling the commission of perjury. You cannot be twice penalized for a single criminal act, even for a perjury. Still, because you trusted that the government would not try to deceive you, you signed an income tax form, pretending that there was jurisdiction /(oath spoken)/ where there was none. Once you sign the first form, the government will forever believe that you are a civil servant. Stop signing those forms while you continue to have income and you will be charged with /'willful failure to file,'/ a crime of doing nothing when commanded to do something! Initially, the income tax forms were required to be SWORN /(or affirmed) /before a notary. A criminal by the name of Sullivan brought that matter all the way to the Supreme Court. He argued that if he listed his income from criminal activities, that information would later be used against him on a criminal charge. If he did not list it, then swore that the form was '/true, correct and complete,' /he could be charged and convicted of a perjury. He was damned if he did, damned if he did not. The Supreme Court could only agree. It ruled that a person could refuse to provide any information on that form, taking individual exception to each line, and stating in that space that he refused to provide testimony against himself. That should have been the end of the income tax. In a few years everyone would have been refusing to provide answers on the /'gross' /and /'net income'/ lines, forcing a NO answer on the /'tax due'/ line, as well. Of course, that decision was premised on the use of the notarized oath, causing the answers to have the quality of /'testimony.'/ Congress then INSTANTLY ordered the forms be changed. In place of the notarized oath, the forms would contain a statement that they were made and signed /'Under penalties of perjury.' /The prior ruling of the Supreme Court was made obsolete. Congress had changed the premise on which it had reached its conclusion. The verity of the information on the form no longer rested on a notarized oath. It rested on the taxpayer’s oath of office. And, as many a tax protestor in the 1970s and early 1980s quickly discovered, the Supreme Court ruling for Sullivan had no current relevance. *_There has never been a criminal trial in any matter under federal income taxation without a SIGNED tax form in evidence before the court_.*The court takes notice of the signature below the perjury clause and assumes the standing of the defendant is that of a federal official, a person under oath of office who may be twice penalized for a single criminal act of perjury /(to his official oath)/. The court has jurisdiction to try such a person for a /'failure.' /That jurisdiction arises under the concept of perjury, not treason. However, the court is in an odd position here. If the defendant should take the witness stand, under oath or affirmation to tell the truth, and then truthfully state that he is not under oath of office and is not a federal officer or employee, that statement would contradict the signed statement on the tax form, already in evidence and made under claim of oath. That contradiction would give rise to a technical perjury. Under federal statutes, courtroom perjury is committed when a person willfully makes two statements, both under oath, which contradict one another. The perjury clause claims the witness to be a federal person. If he truthfully says the contrary from the witness stand, the judge is then duty bound to charge him with the commission of a perjury! At his ensuing perjury trial, the two contradictory statements */"I am under penalties of perjury"/* and */"I am not a federal official or employee"/* would be the sole evidence of the commission of the perjury. As federal employment is a matter of public record, the truth of the last statement would be evidenced. That would prove that the perjury clause was a FALSE statement. We cannot have that proof on the record, can we? About now you are thinking of some tax protester trials for /'willful failure'/ where the defendant took the witness stand and testified, in full truth, that he was not a federal person. This writer has studied a few such cases. Those of Irwin Schiff and F. Tupper Saussy come to mind. And you are right; they told the court that they were not federal persons. Unfortunately, they did not tell the court that while under oath. A most curious phenomenon occurs at /'willful failure' /trials where the defendant has published the fact, in books or newsletters, that he is not a federal person. The judge becomes very absent-minded - at least that is surely what he would try to claim if the issue were ever raised. He forgets to swear-in the defendant before he takes the witness stand. The defendant tells the truth from the witness stand, but does so without an oath. As he is not under oath, nothing he says can constitute a technical perjury as a contradiction to the /'perjury clause' /on the tax forms already in evidence. The court will almost always judge him guilty for his failure to file. Clever system. And it all begins when a person who is NOT a federal officer or employee signs his first income tax form, FALSELY claiming that he is under an oath which if perjured may bring him a duality of penalties. It is still a matter of jurisdiction /(oath spoken)/. That has not changed in over 400 years. The only difference is that in this nation, we have no monarch able to command us to action. In the United States of America, you have to VOLUNTEER to establish jurisdiction. Once you do, then you are subject to commands regarding the duties of your office. Hence the income tax is /'voluntary,' /in the beginning, but /'compulsory' /once you volunteer. You volunteer when you sign your very first income tax form, probably a Form W-4 and probably at about age 15. You voluntarily sign a false statement, a false statement that claims that you are subject to jurisdiction. Gotcha! Oh, and when the prosecutor enters your prior signed income tax forms into evidence at a willful failure to file trial, he will always tell the court that those forms evidence that you knew it was your DUTY to make and file proper returns. DUTY! A free man owes no DUTY. A free man owes nothing to the federal government, as he receives nothing from it. But a federal official owes a duty. He receives something from that government - the benefits of office. In addition to a return of some of those benefits, Congress can also demand that he pay a tax on his other forms of income, now under the 16th Amendment, from whatever source they may be derived. If that were ever to be understood, the ranks of real, sworn federal officers would diminish greatly. And the ranks of the pretended federal officers /(including you)/ would vanish to zero. It is still the same system as it was 400 years ago, with appropriate modifications, so you do not immediately realize it. Yes, it is a jurisdictional matter. An Oath-spoken matter. Quite likely you, as a student of the Constitution, have puzzled over the 14th Amendment. You have wondered who are persons /'subject to the jurisdiction' /of the United States and in the alternative, who are not. This is easily explained, again in the proper historical perspective. The claimed purpose of the 14th was to vest civil rights to the former slaves. A method was needed to convert them from chattel to full civil beings. The Supreme Court had issued rulings that precluded that from occurring. Hence, an Amendment was necessary. But it took a little more than the amendment. The former slaves would need to perform an act, subjecting themselves to the /'jurisdiction'/ of the United States. You should now realize that an oath is the way that was / is accomplished. After the battles of the rebellion had ceased, the manumitted slaves were free, but rightless. They held no electoral franchise - they could not vote. The governments of the Southern States were pretty peeved over what had occurred in the prior several years, and they were not about to extend electoral franchises to the former slaves. The Federal government found a way to force that. It ordered that voters had to be /'registered.' /And it ordered that to become a registered voter, one had to SWEAR an oath of allegiance to the Constitution. The white folks, by and large, were not about to do that. They were also peeved that the excuse for all the battles was an unwritten, alleged, Constitutional premise, that a /'State had no right to secede.' /The former slaves had no problem swearing allegiance to the Constitution. The vast majority of them did not have the slightest idea of what an oath was, nor did they even know what the Constitution was! Great voter registration drives took place. In an odd historical twist, these were largely sponsored by the Quakers who volunteered their assistance. Thus, most of the oaths administered were administered by Quakers! Every former slave was sworn-in, taking what actually was an OATH OF OFFICE. The electoral franchise then existed almost exclusively among the former slaves, with the white folks in the South unanimously refusing that oath and denied their right to vote. For a while many of the Southern State governments were comprised of no one other than the former slaves. The former slaves became de jure /(by oath)/ federal officials, /'subject to the jurisdiction of the United States' /by that oath. They were non-compensated officials, receiving no benefits of their office, save what was then extended under the 14th Amendment. There was some brief talk of providing compensation in the form of 40 acres and a mule, but that quickly faded. Jurisdiction over a person exists only by oath. Always has, always will. For a court to have jurisdiction, some one has to bring a charge or petition under an oath. In a criminal matter, the charge is forwarded under the oaths of the grand jurors /(indictment)/ or under the oath of office of a federal officer /(information)/. Even before a warrant may be issued, someone has to swear there is probable cause. Should it later be discovered that there was NOT probable cause, that person should be charged with a perjury. It is all about oaths. And the one crime for which immunity, even /'sovereign immunity,' /cannot be extended is ... perjury. You must understand /'jurisdiction.'/ That term is only understandable when one understands the history behind it. Know what /'jurisdiction'/ means. You did not WILLFULLY claim that you were /'Under penalties of perjury' /on those tax forms you signed. You may have done it voluntarily, but you surely did it ignorantly! You did not realize the import and implications of that clause. It was, quite frankly, a MISTAKE. A big one. A dumb one. Still it was only a mistake. Willfulness rests on intent. You had no intent to claim that you were under an oath of office, a perjury of which could bring you dual penalties. You just did not give those words any thought. What do you do when you discover you have made a mistake? As an honest man, you tell those who may have been affected by your error, apologize to them, and usually you promise to be more careful in the future, that as a demonstration that you, like all of us, learn by your mistakes. You really ought to drop the Secretary of the Treasury of the United States a short letter, cc it to the Commissioner of Internal Revenue. Explain that you never realized that the fine print on the bottom of all income tax forms meant that you were claiming to be /'under oath'/ a perjury of which might be /'twice'/ penalized. Explain that you have never sworn such an oath and that for reasons of conscience, you never will. You made this mistake on every tax form you had ever signed. But now that you understand the words, you will most certainly not make that mistake again! That will be the end of any possibility that you will ever be charged with /'willful failure to file.' /Too simple? No, it is only as simple as it is supposed to be. Jurisdiction /(oath spoken)/ is a pretty simple matter. Either you are subject to jurisdiction by having really sworn an oath, or you are not. If you are not under oath and abolish all the pretenses, false pretenses you provided on which the government assumed that you were under oath, then the jurisdiction fails and you become a freeman. A freeman cannot be compelled to perform any act and threatened with a penalty, certainly not two penalties, should he fail to do so. That would constitute a treason charge by the part of the definition abolished here. It is a matter of history. European history, American history and finally, the history of your life. The first two may be hidden from you, making parts of them difficult to discover. But the last history you know. If you know that you have never sworn an oath of office, and now understand how that truth fits the other histories, then you are free. Truth does that. Funny how that works. Jesus Christ was that Truth. His command that His followers: /*"But I say unto you, Swear not at all; neither by heaven; for it is God's throne..." *//(Matthew 5:34). /That was the method by which He set men free. Israel was a feudal society. It had a crown; it had landlords; they had tenant farmers bound by oath to them. Jesus scared them silly. Who would farm those lands in the next generation, when all of the people refused to swear oaths? Ring a bell? And what did the government do to Jesus? It tried to obtain jurisdiction on the false oath of a witness, charging Him with /'sedition'/ for the out-of-context, allegorical statement that He would /'tear down the temple' //(a government building)/. At that trial, Jesus stood mute, refusing the administered oath. /(Matthew 27:14). /That was unheard of! The judge became so frustrated that he posed a trick question and attempted to obtain jurisdiction from Jesus by accusing Him of sedition; Pilate said: /*"Then said Pilate unto him, Hearest thou not how many things they witness against thee?"*/ /(Matthew 27:13/). Pilate failed to obtain a compelled oath / jurisdiction over Jesus Christ, as He responded thusly: /*"And he answered him to never a word; insomuch that the governor marvelled greatly."*/ /(Matthew 27:14)/ He did not /'take' /the adjured oath. He left it with its speaker, the judge! That bound the judge to truth. Had the judge also falsely said that Jesus was the man /(guilty of sedition)/? No, not out loud, not yet. But in his heart he had said so. That is what this trial was all about. Jesus tossed that falsehood back where it belonged as well as the oath. In those few words, /*"And Pilate asked him, Art thou the King of the Jews? And he answering said unto him, _Thou sayest it._" *//(Mark 15:2). /Jesus put the oath, and the PERJURY of it, back on the judge, where it belonged. The court could not get jurisdiction. Israel was occupied by Rome at that time. The court then shipped Jesus off to the martial governor, Pontius Pilate, hoping that martial power might compel him to submit to jurisdiction. But Pilate had no quarrel with Jesus. He correctly saw the charge as a political matter, devoid of any real criminal act. Likely, Pilate offered Jesus the /'protection of Rome.' /Roman law extended only to sworn subjects. All Jesus would need do is swear an oath to Caesar, then Pilate could protect him. Otherwise, Jesus was probably going to turn up dead at the hands of /'person or persons unknown'/ which would really be at the hands of the civil government, under the false charge of sedition. Pilate administered that oath to Caesar. Jesus stood mute, again refusing jurisdiction. Pilate /*"..marvelled greatly."*/ He had never before met a man who preferred to live free or die. Under Roman law the unsworn were considered to be unclean - the /'great unwashed masses.' /The elite were sworn to Caesar. When an official errantly extended the law to an unsworn person that /'failure of jurisdiction' /required that the official perform a symbolic act. To cleanse himself and the law, he would /'wash his hands.' /Pilate did so. Under Roman law, the law to which he was sworn, he had to do so. The law, neither Roman law nor the law of Israel, could obtain jurisdiction over Jesus. The law could not kill Him, nor could it prevent that murder. Jesus was turned over to a mob, demanding His death. How was that for chaos? Jesus was put to death because He refused to be sworn. But the law could not do that. Only a mob could do so, setting free a true felon in the process. Thus, Jesus proved the one failing of the law - at least the law then and there - the law has no ability to touch a truly free man. A mob can, but the result of that is chaos, not order. In every situation where a government attempts to compel an oath, or fails to protect a man of conscience who refuses it, the result is chaos. That government proves itself incapable of any claimed powers as the result, for the only purpose of any government should be to defend the people establishing it - all of those people - and not because they owe that government any duty or allegiance, but for the opposite reason, because the government owes the people its duty and allegiance under the law. This nation came close to that concept for quite a few decades. Then those in federal office realized that they could fool all of the people, some of the time. That /'some of the time'/ regarded oaths and jurisdiction. We were/(and still are)/ a Christian nation, at least the vast majority of us claim ourselves to be Christian. But we are led by churchmen who still uphold the terms of that European treaty. They still profess that it is Christian to swear an oath, so long as it’s a /'lawful oath.'/ We are deceived. As deceived as the tenant in 1300, but more so, for we now have the Words of Jesus to read for ourselves. Jesus said: /*"But I say unto you, Swear not at all; neither by heaven; for it is God's throne..." *//(Matthew 5:34)/, i.e. /'swear no oaths,' /extending that even to oaths which do not name God. If His followers obeyed that command, the unscrupulous members of the society in that day would have quickly realized that they could file false lawsuits against Jesus’ followers, suits that they couldn’t answer /(under oath)/. Thus, Jesus issued a secondary command, ordering His followers to sell all they had, making themselves what today we call /'judgement proof.'/ They owned only their shirt and a coat. If they were sued for their shirt, they were to offer to settle out-of-court /(without oath)/ by giving the plaintiff their coat. That was not a metaphor. Jesus meant those words in the literal sense! It is rather interesting that most income tax protestors are Christian and have already made themselves virtually judgement proof, perhaps inadvertently obeying one of Jesus’ commands out of a self-preservation instinct. Do we sense something here? You need to take the final step. You must swear no oaths. That is the penultimate step in self-preservation, and in obedience to the commands of Christ. It is all a matter of /'jurisdiction'/ /(oath spoken)/, which a Christian cannot abide. Christians must be freemen. Their faith, duty and allegiance can go to no one on earth. We cannot serve two masters. No one can. As Christians our faith and allegiance rests not on an oath. Our faith and allegiance arise naturally. These are duties owed by a child to his father. As Children of God, we must be faithful to Him, our Father, and to our eldest Brother, the Inheritor of the estate. That’s certain. As to what sort of a society Jesus intended without oaths or even affirmations, this writer honestly cannot envision. Certainly it would have been anarchy /(no crown)/. Would it have also been chaos? My initial instinct is to find that it would lead to chaos. Like the Quakers in 1786, I cannot envision a functional government without the use of oaths. Yet, every time a government attempts to use oaths as a device to compel servitudes, the result is CHAOS. History proves that. The Dark Ages were dark, only because the society was feudal, failing to advance to enlightenment because they were sworn into servitudes, unwittingly violating Jesus’ command. When the British crown attempted to compel oaths of allegiance, chaos certainly resulted. And Jesus’ own death occurred only out of the chaos derived by His refusal to swear a compelled oath and an offered oath. The current Internal Revenue Code is about as close to legislated chaos as could ever be envisioned. No two people beginning with identical premises will reach the same conclusion under the IRC. Is not that chaos? Thus, in every instance where the government attempts to use oaths to bind a people, the result has been chaos. Hence, this writer is forced to the conclusion that Jesus was right. We ought to avoid oaths at all costs, save our own souls, and for precisely that reason. Yet, what system of societal interaction Jesus envisioned, without oaths, escapes me. How would we deal with murderers, thieves, rapists, etc. present in the society without someone bringing a complaint, sworn complaint, before a Jury /(a panel of sworn men)/, to punish them for these criminal actions against the civil members of that society? Perhaps you, the reader, can envision what Jesus had in mind. Even if you cannot, you still have to obey His command. That will set you free. As to where we go from there, well, given that there has never been a society, neither civil nor martial, which functioned without oaths, I guess we won’t see how it will function until it arrives. Meanwhile, the first step in the process is abolishing your prior FALSE claims of being under oath /(of office)/ on those income tax forms. You claimed /'jurisdiction.' /Only you can reverse that by stating the Truth. It worked 400 years ago. It will still work. It is the only thing that will work. History can repeat, but this time without the penalty of treason extended to you /(or your daughters)/. You can cause it. Know and tell this Truth and it will set you free. HONESTLY. Tell the government, then explain it to every Christian you know. Most of them will hate you for that bit of honesty. Be kind to them anyhow. Once they see that you are keeping what you earn, the market will force them to realize that you are not the extremist they originally thought! If only 2% of the American people understand what is written here, income taxation will be abolished - that out of a fear that the knowledge will expand. The government will be scared silly. What if no one in the next generation would swear an oath? Then there would be no servants! No, the income tax will be abolished long before that could ever happen. That is only money. Power comes by having an ignorant people to rule. A government will always opt for power. That way, in two or three generations, the knowledge lost to the obscure /'between the lines'/ of history, they can run the same money game. Pass this essay on to your Christian friends. But save a copy. *Will it to your grandchildren*. Someday, they too will probably need this knowledge. Teach your children well. Be honest; tell the truth. That will set you free - and it will scare the government silly. ------------------------------------------------------------------------ *Food for thought:* */"The world runs on the initiative of about 5% of the people; the rest need orders. /* /*The consensus of the other 95% on the subject of one’s relationship with: government – banks – tax agencies – courts and corporations (all separate realms) is defective in that such inert abstractions have been accorded superiority over living beings.*/ /*Governments are transitory mental contrivances set up by the clever few for the purpose of living off the efforts of the trusting many – a generalization, yes, but also the truth."*/ Top <#> Home Fun Family Education / Facts Religion / Philosophy Famous Quotes NWO Law, Tax, Guns, Money Sovereignty Health
From Bouviers law dictionary; LICENSE, International law. An authority given by one of two belligerent parties, to the citizens or subjects of the other, to carry on a specified trade. LICENSE, contracts. A right given by some competent authority to do an act, which without such authority would be illegal. The instrument or writing which secures this right, is also called a license. Vide Ayl. Parerg, 353; 15 Vin. Ab. 92; Ang. Wat. Co. 61, 85. “License” is derived from and rooted in the word; “Licentious” (mine); LICENTIOUSNESS. The doing what one pleases without regard to the rights of others; it differs from liberty in this, that the latter is restrained by natural or positive law, and consists in doing whatever we please, not inconsistent, with the rights of others, whereas the former does not respect those rights. Wolff, Inst. §84 Now, you may notice only one of two belligerent parties claim authority, to give the other party authority, to carry on a specified trade. Who and what is a belligerent party? You would think the word “licentious” would be in here, (Bouviers) not? But it isn’t. Now, who in their right mind would even consider asking for permission to apply (carry on) his trade? You may notice that this definition is pertaining to international law and as such, who then, holds Canada’s license? The Bank of England? Who issued the corporation known as “Canada” a license to carry on a specified trade or any trade? Someone’s gotta have it. Who’s got it…….? Who is the authority? Now, the second one is a contract, a right given by some competent authority. Okay let’s stop right there, we really don’t need to go any further than that! In order to be able to claim competent authority, you, of course, would have to have a license. Right? ALL LEGAL FICTIONS are under license, to someone. If someone, can show me a competent legal fiction, with authorized claim in commerce, to enter common law jurisdiction, contrary to section 39, original Latin version of the Magna Carta 1215, I tell you what: “I will chew on someone’s dirty shorts and air it on UTube.” The third one is self explanatory, the act of “LICENTIOUSNESS”, simply means, “the obtaining and usage of ones license, at one’s pleasure, with total disregard to another’s rights.” Pretty simple isn’t it? Especially when the word “LICENCIOUS” simply means, “unlawfully evil.” Add it up, slice it or dice it any way you can, to go out and apply, make application (beg, plead, implore) to receive a license, then turn around and demand, I do the same as you, is also “unlawfully evil.” Slaves making unlawful claims on freemen, for the simple reason of; “I’m a grateful slave and you should be too” is ignorance at its highest level. A moron, a.k.a. sheep, comes to mind (a person of arrested intelligence whose mentality is judged incapable of developing beyond that of a normal child 8-12 years old). Who’s following the piper??? Taken from my perfected claim of right; I claim that, the Crowns claim of; “All property reverts to the Crown for want of a competent heir”, as referred to in the escheats act, stands as a lawful claim and whereas, Canada is an insolvency, an estate, where everything is owned by God and currently held in trust under the Crown until a competent heir(s) shows up and lays a lawful claim of jurisdiction. Furthermore, I claim that the corporation known as “THE CROWN” and/or “HER MAJESTY QUEEN ELIZABETH II” and all human beings, acting as, persons, holding the subordinate position, [office of a person] in Canada are in fact deemed incompetent by all legal means and therefore require a legal trustee (third party to an action), to legally represent the incompetent one to any and all other corporate persons such as “The Courts of Saskatchewan” and/or “Government of Saskatchewan” etc. Furthermore, I claim that the intentional blurring of the lines with smoke and mirrors, deception, outright lie’s and too numerous to mention false claims as to the well settled division, between the Crown created legal entity known as the “PERSON” and the flesh and blood creation of the Creator known as a “man”, is nothing short of theft, fraud, breach of trust and forced slavery, a heinous criminal activity of the most odious form. Furthermore, I claim that “all persons”, acting as, governments, principals, employees, agents and justice system participants claiming, “retained legal counsel” have, by virtue of their own and/or their principals actions, claimed “total incompetence”, in handling any of their own affairs in law and have become an instant ward of the court, hence, they are imprisoned by their own actions in hand or lack thereof. Furthermore, I claim that due to the self evident and the facts in truth at hand, that all persons, the Crown, governments, principals, employees, agents and justice system participants claiming limited liability or immunity are doing so under the pretence of being in fact deemed totally incompetent and under law made instant wards of the crown and/or court and therefore, cannot claim good faith or colour of right over anyone who is thus blessed to being a competent heir. Now, there exists, in this world, only two types of entities; the living kind and the dead. Any assumptions, erroneous beliefs or preconceived notions as to the former statement being untrue had better be backed up by undisputable, irrefutable proof. There are not, any “competent persons” anywhere! Hence, the dead cannot claim authority over the living, PERIOD!! No ifs, no ands no buts!!
Sunday, June 16, 2013
My video link is at the end and the last link amongst the dozens of others that will open your eyes! Private agreements are always best if you are the one with the facts. Blessings I am glad you saw the video! These links below may help you as well If one continues to surf the site where you find Canada as a trading Corporation listed with the US security; then you will also find "Ontario Province of": http://www.sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0000074615&owner=include&count=40 "Quebec Province of" http://www.sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0000722803&owner=include&count=40 "British Columbia Province of" http://www.sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=14306 You will see by the *short list* of documents, although voluminous, partially indicates the diligence that has been extended to bring as many private men and women into awareness of our faith as *possible to avert and abate assumption we are corporate entities subject to corporate law.* ** *I have dozens of other communications but suffice to say I think you can see a crime taking place and if not in the knowledge of one involved it absolves him from responsibility, take note that once in the awareness of the crime those participating must stop or misfeasance of public office malicious prosecution, bad faith and criminal intent is implied.* ** http://findarticles.com/p/articles/mi_qa3993/is_200411/ai_n9467708 A TOPlC RARELY TALKED about in public procurement, or even within governments generally, is the possibility of a government official abusing the powers of their office for improper reasons. Given the currency of the topic, however, in this article we seek to shed some light on what could become tomorrow's headline, the tort of misfeasance in public office. In common law, persons who exercise the legal powers of the Crown (called public officers or public officials) are subject to a tort (civil wrong) action if they abuse their powers. Called in law misfeasance in a public office, this tort was first created in England in a case called Ashby v. White (1703) 92 E.R. 126, where a person, maliciously and fraudulently deprived of their right to vote by an election official, sued the election official for damages and won. The tort came to Canada in a case called Roncarelli v. Duplesis  S.C.R. 121, where the Quebec premier improperly ordered the manager of the Quebec Liquor Commission to revoke Roncarelli's liquor license because Roncarelli had provided bail money to several Jehovah's Witnesses whom Duplessis had had arrested. The Supreme Court of Canada (SCC) found the premier had no grounds for ordering this, did not even have the power to make such an order, and had done so only out of malice. That malice is being demonstrated by the private men and women acting as Judges Police and ministers in ignorance of the communications to them. They have all been served with the private knowledge and had a duty via 180 of the criminal code and as senior officials had a duty to inform others not to intimidate men and women of faith nor obstruct their ability to practice their faith as per 176 and 423 of the code that applies to them.. ** *Minister Donald Christopher Carter has already communicated to Mr. Lufty as of 2003* as you will see when open his document that was sent registered mail to over 70 officials in their private capacity. *It appears we have a deliberate conspiracy taking place*. *This email will be used as evidence of awareness on the part of senior staffers of this fraud and criminal activity that is transpiring on the part of revenue justice and Federal Court judges and clerks alike or anyone who comes into awareness of a crime and ignores their duty to act.* ** I am including a set of links and a Video of myself at the end explaining the situation and educating about God's law his people and what he decreed happen to those who stiff necked refused to follow his law. An Archist is one who follows mans laws. A deist is one who follows God's laws. A or An as a prefix to a word such a moral means the opposite or in the case of Archist an Anarchist ,which means in English opposed to mans laws, like Yahushua, the hebrew name for Christ, was.. Since you spoke of fictions I will refer you to Deuteronomy the great book of law in chapter 1 verse 17 and chapter 10 verse 17 then I will guide you to Acts 10:34 and Romans 2:11 then finally and definitively to James 2:9. *I or our faiths members can not show respect to or be persons!* I know the meaning of the word persona is with sound. I also know it meant and was used to refer to a mask worn by a player in a stage...a fiction. I am a man not an individual as both person and individual, as written in corporate law , refer to corporate members as in a parternership or a business like commercial relationship. Matthew 6:24 says to not partake of mammon which is commerce which is the corporate dead. We are not to have communion with the dead flesh or formed dead thing . God forbids it!. God makes this clear in the action of Saul in bringing up the dead spirit of Samuel. http://www.biblegateway.com/passage/?book_id=9&chapter=28&version=31 Please take your time read all of this below to grasp how powerful it is and why Canadian treasury was briefed about this by Cameron McEwan senior analyst for Treasury who still works there albeit in a reduced capacity.. They agreed with all of the facts as being irrefutable as of the Queen's letter to them saying she was in receipt of the petition. This is powerful history and some of you may have prejudices that may wish to reject this but the facts got treasury to say uncle!! I in quest of truth have been following the freedom movement since 1999 and have seen some amazing things take place in the battle for supremacy. Of all the most influential was the fact that the Queen, head of all the justice systems with the Governor General as head under her, is sworn to be defending the laws of God. That along with the facts I show you that the laws of the government of Canada or the commonweath do not apply to you are quite startling I hope you will not be blinded by these shockers.. They prove you do not have to go to defacto courts to have problems solved You can only come out of Babylon if you are aware. Now once aware of the following irrefutable facts and you still wish to submit to impostors you may wish to question your logic. Blessings. From Minister Belanger Slavery , and how to stop Codex Alimentarius and removal of Farmers seed by Minister of Christ Edward-Jay-Robin: Belanger Monday June 28, 2004 at 06:58 AM firstname.lastname@example.org or email@example.com What is Slavery??? What is forced taxation??? How can parlimentarians sworn allegiant to a Christian Monarch, who is defender of the Christian faith and Biblical law, support gay marriage? How about taking away God's herbs?....... How about making you bow to false law or god????? Is this with God's scriptural approval? Will they proceed to force you to bow to a false god in court if they know of your faith beforehand??> Will the Queen be amused??? Did she as a Christain Monarch take an oath to defend the laws of God of the King James Bible? http://www.oremus.org/liturgy/coronation/cor1953b.html Was it based upon the words of the 1689 version? Or was it minutely altered with no legal method to do so? http://www.worldfreeinternet .net/parliament/oath.htm< http://www.worldfreeinternet.net/parliament/oath.htm > http://www.jacobite.ca/documents/16890409.htm Is their a law regarding that faith and the defense thereof by those who took an oath to the King's and Queens? http://www.reformed.org/documents/index.html?mainframe=westminster_conf_of_faith.html see section 22 This story is proof positive of what i am saying will take place if you stand in your faith if assaulted by unlawful forces!!! http://www.cannabisculture.com/articles/1948.html This actually happened as I am first hand witness to the events. The prosecutor backed down immediately!!!! Do not be prejudiced as of God's gift lest you blaspheme his creation Can they our so called sworn allegiant's to the defender of the faith really ban the ability to store seed? Our farmers own seed? The simple answer is yes if we allow it! We allow it by not claiming it as God's gift! All herbs bearing seed are a gift of God with no repentance required. Romans 11:29. How can God's gift to man and woman be outlawed or removed from your ability to possess it in those countries that have Bibles in their courts? Do we get say about this? From whence do they get their authority in those countries that recognise God as Supreme? From the Bible if they are dejure. From thin air if they are de facto! Who will stand for their faith the way Christ himself showed us? I will show you how with registered mail to private men and women as per Matthew 18:15-20 that everything can change in a short time. Class actions against private men and women in charge of bringing in Codex will wake them up as to their inability to get corporate defense. They will also be suffering from an inability to get competent(R. v Mckibbon 1988 Ezekiel 33:6) private defense. Genesis 1:29 and Romans 11:29 ensures the rule of law is clear! The King James Bible has Standing in commonwealth courts! That means it cannot be argued with! That link will expose the underbelly of the beast that drives Codex! Who is responsible for the charging of interest or what God refers to as usury?? Are we compelled to violate God's command and pay interest?? http://www.tentmaker.org/lists/UsuryScriptureList.html http://www.iahushua.com/WOI/conman2.html Is the world bank owned by ethnic affiliation??? http://www.wealth4freedom.com/Rothschild.html http://laws.justice.gc.ca/en/C-20/SOR-84-431/71221.html#rid-71224 Is the Talmud ruling the world and law? http://www.come-and-hear.com/editor/index.html I strongly encourage you to read as much as you can on this site as it will show you how powerful Talmud is and how to circumvent it's power over you.It already has invoked taxes upon you and now is pushing for the Medpharm control of it all with Codex. Yes Talmud was responsible for all that. Are you supposed to bow to false authority??? Exodus 20:3-5 God's word is final . Deuteronomy 4:15-19; 5:7-10; 12:2-3 Are you a child of Israel or a slave?? http://mindprod.com/kjv/Leviticus/25.html25:44 Both thy bondmen, and thy bondmaids, which thou shalt have, shall be of the heathen that are round about you; of them shall ye buy bondmen and bondmaids. 25:45 Moreover of the children of the strangers that do sojourn among you, of them shall ye buy, and of their families that are with you, which they begat in your land: and they shall be your possession. 25:46 And ye shall take them as an inheritance for your children after you, to inherit them for a possession; they shall be your bondmen for ever: but over your brethren the children of Israel, ye shall not rule one over another with rigour. God is telling us if we are strangers to his law and do not follow after his law as if we fail to follow we will be enslaved. Have you been bought and sold as a* person*? This below is touted as a Canadian petroleum and gas producers act. Your body produces oil and gas. Why is their a listed value to your life listed there if it is about petroleum ? Please keep in mind the Canadian treasury Board was briefed on this and said I was correct. Notice the buying a selling of persons and the definitions http://laws.justice.gc.ca/en/C-20/32270.html control status" means, with respect to a person, whether or not the person is Canadian controlled as determined under this Act and the regulations; "direct equity percentage" �pourcentage de participation directe� "direct equity percentage" means, with respect to formal equity owned by a person in any particular person, (a) where the particular person does not have more than one class of formal equity within the meaning of the regulations, the percentage of the formal equity of the particular person that is owned by the person , and "owned" �poss�der� "owned" means, subject to the regulations, beneficially owned, and the words "owner" and "ownership" have corresponding meanings; "person" �personne� *"person" means an individual, a corporation, a partnership, a trust, a government, an agency of government, a segregated fund within the meaning of the regulations and an organization that is prescribed as being a person or that falls into a class of organizations prescribed as being persons;* *Individual what? Individual fictions?* *Did you read the word "man" in there? *** Is their a value to your life? http://laws.justice.gc.ca/en/C-20/SOR-84-431/71221.html#rid -71224 < http://laws.justice.gc.ca/en/C-20/SOR-84-431/71221.html#rid-71224 > Remember 12.7% a year is what is collected on the annuity of your bond. *That bond is what gives value to the currency in circulation as you in a bonded form are used* a*s surety for the* *negotiable instrument of value* internationally. Who or what is a false God ? Exodus 20:3-5 One who writes law in excess of or in derogation to God or acts like a God overwriting YeHoVaH's law, is a false god. Acts 12:21-23 Deuteronomy 4:2 the eleventh commandment and 12:32 chiming in commands what to not do with his law. Does the government of Canada have a legitimate Governor General or an imposter* that has usuped the power*???? Lets examine that. http://www.gg.ca/governor_*general*/role_e.asp < http://www.gg.ca/governor_general/role_e.asp> look for defacto What does de facto mean??? Why must we know? Ignorance is no excuse Hosea 4:6 section 19 of mans criminal code! http://www.canlii.org/ca/sta/c-46/sec19.html http://www.lawinfo.com/lawdictionary/dict-d.htm http://www.pixi.com/~kingdom/defacto.html The creditor for Canada defines defacto http://wbln0018.worldbank.org/Institutional/Manuals/OpManual.nsf/0/5CE3BA026987F1C78525672C007D07E0?OpenDocument http://wbln0018.worldbank.org/Institutional/Manuals/OpManual.nsf/0/4b8a4e22c6560e808525672c007d07ce?OpenDocument Can one word like defacto, mean we are under the power of an illegitimate false god usurped government?? Are we supposed to bow to their godless commands? What did Shadrack Meshak and Abednigo do in Daniel Chapter 3? they refused to bow! Did Daniel eat the Kings food? He refused as of God's food ordinance! Daniel Chapter 1 Why does *Michaelle Jean* say she is de facto??? Is she being Honest and truthful? Why does the world bank say de facto means usurped authority and an abrogated constitution ? http://wbln0018.worldbank.org /Institutional/Manuals/OpManual.nsf/%200/5CE3BA026987F1C78525672C007D07E0?OpenDocument Will you bow to a false god regime???? Will you violate God's first command? Exodus 20:3-5. Have you been royally conned just like millions before you? 2Peter 2:3 Do the provinces tell Church's if they register they have to give up God's law? Yes they do!! This is hard to believe but is true http://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/nfpinc/charities.asp#special_religious < http://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/nfpinc/charities.asp#special_religious > See section 6.5 Did you know the word constitutor defined in Blacks law dictionary, and others as well, means *one who by simple agreement becomes responsible for anothers debt*? Did you agree to pay anothers debt? When? How? Whose debt was it? Was it lawfully obtained? http://usa-the-republic.com/revenue/Britian-Pontiff.html Does Canada's parliament makes laws in excess of God's law? Deuteronomy 4:2;12:32 says no! They do it Every day they sit! I still cannot find the Income tax act in the Bible. * Can't find it in the parliamentary Clerks office nor the Clerk of the Senates Office. Still looking. no original posting in the Canada Gazette either!!!* Ezra 7:23-26 and Numbers 15:15 may help with whose law applies while were looking! Do they as lawmakers also make laws that take away from God's law? Big Drug Case removed the Lord's Day Act http://www.chrc-ccdp.ca/en/timePortals/milestones/116mile.asp Then their is abortion..... Are taxes via usury *and *fraud lawful? What does God say? http://www.reformation.org/moneychangers.html What did Jesus really mean when he said "render unto Caesar" http://sw.jeffotto.com/render.htm Did you know that section 32 of the Canadian supreme law the charter of rights and freedoms says it only applies to the government and that it does not apply to private individuals? ?? Mans law does not apply unless you are government!! http://www.pch.gc.ca/progs/pdp -hrp/canada/guide/application _e.cfm < http://www.pch.gc.ca/progs/pdp-hrp/canada/guide/application_e.cfm > Are you defacto government?? Are you an individual? Are you a Person , *or God's creation of a man or woman . Choose one*. From the federal court act" person" ? personne ? "person" includes ( means *only what is shown*)a tribunal, an unincorporated association and a partnership. (personne) "plaintiff" ? demandeur ? "plaintiff" includes a person on whose behalf an action is commenced. (demandeur) Do you know where the origin of the word person comes from? Latin. Persona : from greek per=with, sona=sound. A hollow mask worn by a player on a stage used to reverberate and throw the sound of an actors voice to the distant audience; a fiction. Are you a mask? Are you a fiction? Did God create you as man? What does God have to say about persons? Deuteronomy 1:17; 10:17;Acts 10:34; Romans 2:11; James 2:9 tells us God has no respect for persons and if we should show respect to persons we commit sin!! What law applies to those who are not deemed government?? Are you government? Do you fit this definition? http://canada.justice.gc.ca/en/ps/yj/repository/6legisln /02cc/60211800.html< http://canada.justice.gc.ca/en/ps/yj/repository/6legisln/02cc/60211800.html> Numbers 15:15 is the law that applies Re read the preamble at the beginning of Canada's supreme law ,the Canadian Constitution, as you are made an offer there. God's rule of law as supreme!! http://laws.justice.gc.ca/en/charter/index.html#charte CANADIAN CHARTER OF RIGHTS AND FREEDOMS "Whereas Canada is founded upon the principles that recognize the supremacy of God and the rule of law:" Will you accept the offerOr the other offer of mans law below it......You know sections 1-52 This next, is Canada's master enactment for commerce. The Canadian BIll of Exchange act, mans law ,only applys to government and says in section 55 that if you were under intimidation as in threat and duress Holder in Due Course Holder in due course 55. (1) A holder in due course is a holder who has taken a bill, complete and regular on the face of it, under the following conditions, namely, (a) that he became the holder of it before it was overdue and without notice that it had been previously dishonoured, if such was the fact; and (b) that he took the bill in good faith and for value, and that at the time the bill was negotiated to him he had no notice of any defect in the title of the person who negotiated it. Title defective (2) In particular, the title of a person who negotiates a bill is defective within the meaning of this Act when he obtained the bill, or the acceptance thereof, by fraud, duress or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud. ( altering your name on any bill without your permission for a financial purpose is fraud. You simply were never taught to caplitalize your name nor reverse it and no law of grammer or man allows it! They cannot proceed against God's creation as of their oath to the Queen so they proceed against a fiction hoping you will volunteer yourself by accepting the name change without a quibble.) Tacit consent is nihil dicit he says nothing and is consenting. Look at your drivers license! Everything the government sends is a bill of exchange! R.S., c. B-5, s. 56. Right of subsequent holder 56. A holder, whether for value or not, who derives his title to a bill through a holder in due course, and who is not himself a party to any fraud or illegality affecting it , has all the rights of that holder in due course as regards the acceptor and all parties to the bill prior to that holder. R.S., c. B-5, s. 57. Presumption of value 57. (1) Every party whose signature appears on a bill is, in the absence of evidence to the contrary, deemed to have become a party thereto for value. Presumed holder in due course (2) Every holder of a bill is, in the absence of evidence to the contrary, deemed to be a holder in due course, but if, in an action on a bill, it is admitted or proved that the acceptance, issue or subsequent negotiation of the bill is affected with fraud, duress or force and fear, or illegality, the burden of proof that he is the holder in due course is on him, unless and until he proves that, subsequent to the alleged fraud or illegality, value has in good faith been given for the bill by some other holder in due course . R.S., c. B-5, s. 58. 152. (1) Where a bill has been protested for non-payment, any person may intervene and pay it under protest for the honour of any party liable thereon or for the honour of the person for whose account the bill is drawn. If more than one offer (2) Where two or more persons offer to pay a bill for the honour of different parties, the person whose payment will discharge most parties to the bill has the preference. Refusal to receive payment (3) Where the holder of a bill refuses to receive payment under protest, he loses his right of recourse against any party who would have been discharged by that payment . ( you read it here first, Wow Eh?) Entitled to bill (4) The payer for honour, on paying to the holder the amount of the bill and the notarial expenses incidental to its dishonour, is entitled to receive both the bill itself and the protest. Liability for refusing (5) Where the holder does not on demand in a case described in subsection (4) deliver up the bill and protest, he is liable to the payer for honour in damages. Can you intimidate or obstruct a man or woman with civil law from doing God's business according to mans law the criminal code? Lets see! Obstructing or violence to or arrest of officiating clergyman 176. (1) Every one who (a) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent a clergyman or minister from celebrating divine service or performing any other function in connection with his calling , or(RonCarelli Vs Duplessis 1959) SupremeCourtCanada http://www.summitconnects.com/Articles_Columns/PDF_Documents/200412_12.pdf ) (b) knowing that a clergyman or minister is about to perform, is on his way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a) (i) assaults or offers any violence to him, or (ii) arrests him on a civil process, or under the pretence of executing a civil process , is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. Disturbing religious worship or certain meetings (2) Every one who wilfully disturbs or interrupts an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction. (3) Every one who, at or near a meeting referred to in subsection (2), wilfully does anything that disturbs the order or solemnity of the meeting is guilty of an offence punishable on summary conviction. R.S., c. C-34, s. 172. Idem Intimidation Common nuisance Definition 423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing, (a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property ; (b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged; Common nuisance 180. (1) Every one who commits a common nuisance and thereby (a) endangers the lives, safety or health of the public, or (b) causes physical injury to any person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. Definition (2) For the purposes of this section, every one commits a common nuisance who does an unlawful act or fails to discharge a legal duty and thereby (a) endangers the lives, safety, health, property or comfort of the public; or (b) obstructs the public in the exercise or enjoyment of any right that is common to all the subjects of Her Majesty in Canada. R.S., c. C-34, s. 176. http://www.reformed.org/documents/westminster_conf_of_faith.html#chap22 The law regarding lawful oaths that is still in force but not being enforced,,,why??? CHAPTER XXII. Of Lawful Oaths and Vows. I. A lawful oath is a part of religious wors hip, wherein upon just occasion, the person swearing solemnly calleth God to witness what he asserteth or promiseth; and to judge him according to the truth or falsehood of what he sweareth. II. The name of God only is that by which men ought to swear, and therein it is to be used with all holy fear and reverence; therefore to swear vainly or rashly by that glorious and dreadful name, or to swear at all by any other thing, is sinful, and to be abhorred. Yet, as, in matters of weight and moment, an oath is warranted by the Word of God, under the New Testament, as well as under the Old, so a lawful oath, being imposed by lawful authority, in such matters ought to be taken. III. Whosoever taketh an oath ought duly to consider the weightiness of so solemn an act, and therein to avouch nothing but what he is fully persuaded is the truth. Neither may any man bind himself by oath to any thing but what is good and just, and what he believeth so to be, and what he is able and resolved to perform. Yet it is a sin to refuse an oath touching any thing that is good and just, being imposed by lawful authority. IV. An oath is to be taken in the plain and common sense of the words, without equivocation or mental reservation. It can not oblige to sin; but in any thing not sinful, being taken, it binds to performance, although to a man's own hurt: nor is it to be violated, although made to heretics or infidels. V. A vow is of the like nature with a promissory oath, and ought to be made with the like religious care , and to be performed with the like faithfulness. VI. It is not to be made to any creature, but to God alone: and that it may be accepted, it is to be made voluntarily, out of faith and conscience of duty, in way of thankfulness for mercy received, or for obtaining of what we want; whereby we more strictly bind ourselves to necessary duties, or to other things, so far and so long as they may fitly conduce thereunto. VII. No man may vow to do any thing forbidden in the Word of God, or what would hinder any duty therein commanded, or which is not in his own power, and for the performance of which he hath no promise or ability from God. In which respects, monastical vows of perpetual single life, professed poverty, and regular obedience, are so far from being degrees of higher perfection, that they are superstitious and sinful snares, in which no Christian may entangle himself. So you can follow the Advise of Ephesians 6:10-20 and Jesus at Matthew 18:15-20 and you will be almost there. Blessings So who has used this defense? I have. here a few letters from others. http://melbimc.nomasters.org/news/2003/10/55720.php http://vancouver.indymedia.org /news/?comments=yes&medium=text&keyword=Radau http://220.127.116.11/search?q=cache:DPMK0yaFZD0J:www.indymedia.org.uk/en/2002/12 /49131.html+Golden+Jubilee+Petition+Edward-Jay-Robin:+Belanger&hl=en John 5:39, 46-47. Search the scriptures, for in them ye think ye have eternal life: and they are they which testify of me. ... For had ye believed Moses, you would have believed me: for he wrote of me. But if ye believe not his writings, how shall ye believe my words? God is telling us if we are strangers to his law and do not follow after his law we will be enslaved. Have you been bought and sold as a person? This below is touted as a Canadian petroleum and gas producers act. Your body produces oil and gas. Why is their a listed value to your life listed there if it is about petroleum ? Please keep in mind the Canadian treasury Board was briefed on this and said I was correct. Notice the buying a selling of persons and the definitions http://laws.justice.gc.ca/en/C-20/32270.html control status" means, with respect to a person, whether or not the person is Canadian controlled as determined under this Act and the regulations; "direct equity percentage" �pourcentage de participation directe� "direct equity percentage" means, with respect to formal equity owned by a person in any particular person, (a) where the particular person does not have more than one class of formal equity within the meaning of the regulations, the percentage of the formal equity of the particular person that is owned by the person , and "owned" �poss�der� "owned" means, subject to the regulations, beneficially owned, and the words "owner" and "ownership" have corresponding meanings; "person" �personne� "person" means an individual, a corporation, a partnership, a trust, a government, an agency of government, a segregated fund within the meaning of the regulations and an organization that is prescribed as being a person or that falls into a class of organizations prescribed as being persons; Is their a value to your life? http://laws.justice.gc.ca/en/C-20/SOR-84-431/71221.html#rid-71224 Remember 12.7% a year is what is collected on the annuity of your bond. That bond is what gives value to the currency in circulation as you in a bonded form are used a negotiable instrument of value internationally. Who or what is a false God ? Exodus 20:3-5 One who writes law in excess of or in derogation to God or acts like a God overwriting YeHoVaH's law, is a false god. Acts 12:21-23 Deuteronomy 4:2 the eleventh commandment and 12:32 chiming in commands what to not do with his law. Does the government of Canada have a legitimate Governor General or an imposter???? Lets examine that. http://www.gg.ca/governor_general/role_e.asp look for defacto What does de facto mean??? Why must we know? Ignorance is no excuse Hosea 4:6 section 19 of mans criminal code! http://www.canlii.org/ca/sta/c-46/sec19.html http://www.lawinfo.com/lawdictionary/dict-d.htm http://www.pixi.com/~kingdom /defacto.html The creditor for Canada defines defacto http://wbln0018.worldbank.org/Institutional/Manuals/OpManual.nsf/0/5CE3BA026987F1C78525672C007D07E0?OpenDocument http://wbln0018.worldbank.org/Institutional/Manuals/OpManual.nsf/0/4b8a4e22c6560e808525672c007d07ce?OpenDocument Can one word like defacto, mean we are under the power of an illegitimate false god usurped government?? Are we supposed to bow to their godless commands? What did Shadrack Meshak and Abednigo do in Daniel Chapter 3? they refused to bow! Did Daniel eat the Kings food? He refused as of God's food ordinance! Daniel Chapter 1 Why does Adrienne Clarkson say she is de facto??? Is she being Honest and truthful? Why does the world bank say de facto means usurped authority and an abrogated constitution ? http://wbln0018.worldbank.org/Institutional/Manuals/OpManual.nsf/%200/5CE3BA026987F1C78525672C007D07E0?OpenDocument Will you bow to a false god regime???? Will you violate God's first command? Exodus 20:3-5. Have you been royally conned just like millions before you? 2Peter 2:3 Do the provinces tell Church's if they register they have to give up God's law? Yes they do!! This is hard to believe but is true http://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/nfpinc/charities.asp#special_religious See section 6.5 Did you know the word constitutor defined in Blacks law dictionary, and others as well, means one who by simple agreement becomes responsible for anothers debt? Did you agree to pay anothers debt? When? How? Whose debt was it? Was it lawfully obtained? http://usa-the-republic.com/revenue/Britian-Pontiff.html Does Canada's parliament makes laws in excess of God's law? Deuteronomy 4:2;12:32 says no! They do it Every day they sit! I still cannot find the Income tax act in the Bible. Can't find it in the parliamentary Clerks office nor the Clerk of the Senates Office. Still looking. God condemns homosexuality! http://www.myfortress.org/Sodomite.html Ezra 7:23-26 and Numbers 15:15 may help with whose law applies while were looking! Do they as lawmakers also make laws that take away from God's law? Big Drug Case removed the Lord's Day Act http://www.chrc-ccdp.ca/en/timePortals/milestones/116mile.asp Then their is abortion..... Are taxes via usury fraud and lawful? What does God say? http://www.reformation.org/moneychangers.html What did Jesus really mean when he said "render unto Caesar" http://sw.jeffotto.com/render .htm
Did you know that section 32 of the Canadian supreme law the charter
of rights and freedoms says it only applies to the government and that
it does not apply to private individuals? ?? Mans law does not apply
unless you are government!!
Are you defacto government?? Are you an individual?
Are you a Person , or God's creation of a man or woman . Choose one.
From the federal court act"
person" ? personne ?
"person" includes ( means only as show)a tribunal, an unincorporated
association and a partnership.
"plaintiff" ? demandeur ?
"plaintiff" includes a person on whose behalf an action is commenced.
Do you know where the origin of the word person comes from?
Latin. Persona : from greek per=with, sona=sound. A hollow mask worn
by a player on a stage used to reverberate and throw the sound of an
actors voice to the distant audience; a fiction.
Are you a mask? Are you a fiction? Did God create you as man?
What does God have to say about persons? Deuteronomy 1:17; 10:17;Acts
10:34; Romans 2:11; James 2:9 tells us God has no respect for persons
and if we should show respect to persons we commit sin!!
What law applies to those who are not deemed government??
Are you government? Do you fit this definition?
Numbers 15:15 is the law that applies
Re read the preamble at the beginning of Canada's supreme law ,the
Canadian Constitution, as you are made an offer there. God's rule of
law as supreme!!
CANADIAN CHARTER OF RIGHTS AND FREEDOMS
"Whereas Canada is founded upon the principles that recognize the
supremacy of God and the rule of law:"
Will you accept the offerOr the other offer of mans law below
it......You know sections 1-52
This next, is Canada's master enactment for commerce.
The Canadian BIll of Exchange act, mans law ,only applys to government
and says in section 55 that if you were under intimidation as in
threat and duress
Holder in Due Course
Holder in due course
55. (1) A holder in due course is a holder who has taken a bill,
complete and regular on the face of it, under the following
(a) that he became the holder of it before it was overdue and without
notice that it had been previously dishonoured, if such was the fact;
(b) that he took the bill in good faith and for value, and that at the
time the bill was negotiated to him he had no notice of any defect in
the title of the person who negotiated it.
(2) In particular, the title of a person who negotiates a bill is
defective within the meaning of this Act when he obtained the bill, or
the acceptance thereof, by fraud, duress or force and fear, or other
unlawful means, or for an illegal consideration, or when he negotiates
it in breach of faith, or under such circumstances as amount to a
fraud. ( altering your name on any bill without your permission for a
financial purpose is fraud. You simply were never taught to
caplitalize your name nor reverse it and no law of grammer or man
They cannot proceed against God's creation as of their oath to the
Queen so they proceed against a fiction hoping you will volunteer
yourself by accepting the name change without a quibble.) Tacit
consent is nihil dicit he says nothing and is consenting.
Look at your drivers license! Everything the government sends is a
bill of exchange!
R.S., c. B-5, s. 56.
Right of subsequent holder
56. A holder, whether for value or not, who derives his title to a
bill through a holder in due course, and who is not himself a party to
any fraud or illegality affecting it , has all the rights of that
holder in due course as regards the acceptor and all parties to the
bill prior to that holder.
R.S., c. B-5, s. 57.
Presumption of value
57. (1) Every party whose signature appears on a bill is, in the
absence of evidence to the contrary, deemed to have become a party
thereto for value.
Presumed holder in due course
(2) Every holder of a bill is, in the absence of evidence to the
contrary, deemed to be a holder in due course, but if, in an action on
a bill, it is admitted or proved that the acceptance, issue or
subsequent negotiation of the bill is affected with fraud, duress or
force and fear, or illegality, the burden of proof that he is the
holder in due course is on him, unless and until he proves that,
subsequent to the alleged fraud or illegality, value has in good faith
been given for the bill by some other holder in due course .
R.S., c. B-5, s. 58.
152. (1) Where a bill has been protested for non-payment, any person
may intervene and pay it under protest for the honour of any party
liable thereon or for the honour of the person for whose account the
bill is drawn.
If more than one offer
(2) Where two or more persons offer to pay a bill for the honour of
different parties, the person whose payment will discharge most
parties to the bill has the preference.
Refusal to receive payment
(3) Where the holder of a bill refuses to receive payment under
protest, he loses his right of recourse against any party who would
have been discharged by that payment . ( you read it here first, Wow
Entitled to bill
(4) The payer for honour, on paying to the holder the amount of the
bill and the notarial expenses incidental to its dishonour, is
entitled to receive both the bill itself and the protest.
Liability for refusing
(5) Where the holder does not on demand in a case described in
subsection (4) deliver up the bill and protest, he is liable to the
payer for honour in damages.
Can you intimidate or obstruct a man or woman with civil law from
doing God's business according to mans law the criminal code? Lets
Obstructing or violence to or arrest of officiating clergyman
176. (1) Every one who
(a) by threats or force, unlawfully obstructs or prevents or
endeavours to obstruct or prevent a clergyman or minister from
celebrating divine service or performing any other function in
connection with his calling , or(RonCarelli Vs Duplessis 1959)
(b) knowing that a clergyman or minister is about to perform, is on
his way to perform or is returning from the performance of any of the
duties or functions mentioned in paragraph (a)
(i) assaults or offers any violence to him, or
(ii) arrests him on a civil process, or under the pretence of
executing a civil process ,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding two years.
Disturbing religious worship or certain meetings
(2) Every one who wilfully disturbs or interrupts an assemblage of
persons met for religious worship or for a moral, social or benevolent
purpose is guilty of an offence punishable on summary conviction.
(3) Every one who, at or near a meeting referred to in subsection (2),
wilfully does anything that disturbs the order or solemnity of the
meeting is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 172.
423. (1) Every one is guilty of an indictable offence and liable to
imprisonment for a term of not more than five years or is guilty of an
offence punishable on summary conviction who, wrongfully and without
lawful authority, for the purpose of compelling another person to
abstain from doing anything that he or she has a lawful right to do,
or to do anything that he or she has a lawful right to abstain from
(a) uses violence or threats of violence to that person or his or her
spouse or common-law partner or children, or injures his or her
(b) intimidates or attempts to intimidate that person or a relative of
that person by threats that, in Canada or elsewhere, violence or other
injury will be done to or punishment inflicted on him or her or a
relative of his or hers, or that the property of any of them will be
180. (1) Every one who commits a common nuisance and thereby
(a) endangers the lives, safety or health of the public, or
(b) causes physical injury to any person,
is guilty of an indictable offence and liable to imprisonment for a
term not exceeding two years.
(2) For the purposes of this section, every one commits a common
nuisance who does an unlawful act or fails to discharge a legal duty
(a) endangers the lives, safety, health, property or comfort of the public;
(b) obstructs the public in the exercise or enjoyment of any right
that is common to all the subjects of Her Majesty in Canada.
R.S., c. C-34, s. 176.
The law regarding lawful oaths that is still in force but not being
Of Lawful Oaths and Vows.
I. A lawful oath is a part of religious wors hip, wherein upon just
occasion, the person swearing solemnly calleth God to witness what he
asserteth or promiseth; and to judge him according to the truth or
falsehood of what he sweareth.
II. The name of God only is that by which men ought to swear, and
therein it is to be used with all holy fear and reverence; therefore
to swear vainly or rashly by that glorious and dreadful name, or to
swear at all by any other thing, is sinful, and to be abhorred. Yet,
as, in matters of weight and moment, an oath is warranted by the Word
of God, under the New Testament, as well as under the Old, so a lawful
oath, being imposed by lawful authority, in such matters ought to be
III. Whosoever taketh an oath ought duly to consider the weightiness
of so solemn an act, and therein to avouch nothing but what he is
fully persuaded is the truth. Neither may any man bind himself by oath
to any thing but what is good and just, and what he believeth so to
be, and what he is able and resolved to perform. Yet it is a sin to
refuse an oath touching any thing that is good and just, being imposed
by lawful authority.
IV. An oath is to be taken in the plain and common sense of the words,
without equivocation or mental reservation. It can not oblige to sin;
but in any thing not sinful, being taken, it binds to performance,
although to a man's own hurt: nor is it to be violated, although made
to heretics or infidels.
V. A vow is of the like nature with a promissory oath, and ought to be
made with the like religious care , and to be performed with the like
VI. It is not to be made to any creature, but to God alone: and that
it may be accepted, it is to be made voluntarily, out of faith and
conscience of duty, in way of thankfulness for mercy received, or for
obtaining of what we want; whereby we more strictly bind ourselves to
necessary duties, or to other things, so far and so long as they may
fitly conduce thereunto.
VII. No man may vow to do any thing forbidden in the Word of God, or
what would hinder any duty therein commanded, or which is not in his
own power, and for the performance of which he hath no promise or
ability from God. In which respects, monastical vows of perpetual
single life, professed poverty, and regular obedience, are so far from
being degrees of higher perfection, that they are superstitious and
sinful snares, in which no Christian may entangle himself.
So you can follow the Advise of Ephesians 6:10-20 and Jesus at Matthew
18:15-20 and you will be almost there.
Blessings uppn watching my video...!
City University of New York Law Review Volume 9 | Issue 1 Winter 2005 Quoting the Bible: The Use of Religious References in Judicial Decision-Making Sanja Zgonjanin CUNY School of Law Follow this and additional works at: https://academicworks.cuny.edu/clr Part of the Law Commons The CUNY Law Review is published by the Office of Library Services at the City University of New York. For more information please contact firstname.lastname@example.org. Recommended Citation Sanja Zgonjanin, Quoting the Bible: The Use of Religious References in Judicial Decision-Making, 9 N.Y. City L. Rev. 31 (2005). Available at: 10.31641/clr090102 Quoting the Bible: The Use of Religious References in Judicial Decision- Making Acknowledgements The author thanks Professor Ruthann Robson for her invaluable comments and suggestions. This article is available in City University of New York Law Review: https://academicworks.cuny.edu/clr/vol9/iss1/3 QUOTING THE BIBLE: THE USE OF RELIGIOUS REFERENCES IN JUDICIAL DECISION-MAKING Sanja Zgonjanin* INTRODUCTION The use of religion in judicial decision-making is the subject of an ongoing debate.1 Whether and to what extent a decision is based on religious argument or influenced by religious convictions is a difficult question to answer. While scholars disagree on the appropriateness of religious arguments or influences in judicial decision- making,2 they commonly recognize that explicit reference to religious authority in a written opinion is problematic.3 Many * J.D. Candidate, City University of New York School of Law, May 2006; M.A., Columbia University, 2000; M.L.S., Queens College, 1999. The author thanks Professor Ruthann Robson for her invaluable comments and suggestions. 1 See Constitution Restoration Act of 2005, S. 520, 109th Cong. (2005); H.R. 1070, 109th Cong. (2005). 2 Scholars differ on the issue of the appropriateness of religion in judicial decision- making. However, most legal literature on the issue is written from the perspective advocating the use of religion in judicial decision-making. That viewpoint is shared by moderates and conservatives alike. See generally MICHAEL J. PERRY, RELIGION IN POLITICS: CONSTITUTIONAL AND MORAL PERSPECTIVES 102-04 (1999); KENT GREENAWALT, RELIGIOUS CONVICTIONS AND POLITICAL CHOICE 239-41 (1988) [hereinafter GREENAWALT, RELIGIOUS CONVICTIONS]; Scott C. Idleman, The Concealment of Religious Values in Judicial Decisionmaking, 91 VA. L. REV. 515 (2005) [hereinafter Idleman, Concealment]; Teresa S. Collett, “The King’s Good Servant, but God’s First”: The Role of Religion in Judicial Decisionmaking, 41 S. TEX. L. REV. 1277 (2000); Mark B. Greenlee, Faith on the Bench: The Role of Religious Belief in the Criminal Sentencing Decisions of Judges, 26 U. DAYTON L. REV. 1 (2000); Daniel G. Ashburn, Appealing to a Higher Authority?: Jewish Law in American Judicial Opinions, 71 U. DET. MERCY L. REV. 295 (1994). 3 GREENAWALT, RELIGIOUS CONVICTIONS, supra note 2, at 239 (“Judicial opinions are formalized justifications for decisions. Opinions are supposed to refer only to what is legally relevant . . . . What is legally relevant is generally conceived to be the same for all judges, so neither personal religious convictions nor any other idiosyncratic convictions are legally relevant. Given this understanding about judicial opinions, it follows that opinions should not contain direct references to the religious premises of judges.”); Mark C. Modak-Truran, Reenchanting the Law: The Religious Dimension of Judicial Decision Making, 53 CATH. U. L. REV. 709, 814 (2004) (“In addition, judges are not insincere by leaving their religious or comprehensive justifications out of their opinions but consistent with the Establishment Clause (i.e., the ‘rule of law’) and a proper understanding of religious pluralism. Leaving out religious justifications also facilities [sic] consensus on legal results and lower-level legal rules and principles without raising the thorny philosophical, theological, and hermenuetical [sic] questions implicated by religious justifications.”); Scott C. Idleman, The Limits of Religious Values in Judicial Decisionmaking, 81 MARQ. L. REV. 537, 542-43 (1998) (“In fact, given that religious bases may be less than universal in their acceptance among the relevant audiences to the opinion, it is quite sensible that the judge would not necessarily 31 32 NEW YORK CITY LAW REVIEW [Vol. 9:31 judges are religiously active and outspoken about the impact of religion on their work.4 Some well-known Supreme Court justices were, and are, deeply religious.5 Unlike the past, today’s Supreme Court Justices, such as Antonin Scalia, speak publicly about their religious faith.6 Some judges have explicitly stated in their opinions that “[c]ourts must recognize that the state is but one of several spheres of government, each with its distinct jurisdiction and make reference to them in the act of justification.”); Bruce A. Green, The Role of Personal Values in Professional Decisionmaking, 11 GEO. J. LEGAL ETHICS 19, 35 (1997) (“One would expect that a savvy judge who bases his or her decision on personal morality will not do so explicitly, but will cite only legally relevant grounds for the decision.”); Kent Greenawalt, Religious Expression in the Public Square—The Building Blocks for an Intermediate Position, 29 LOY. L.A. L. REV. 1411, 1419 (1996); see generally David Barringer, Higher Authorities, A.B.A. J., Dec. 1996, at 68. 4 See, for example, Raul A. Gonzalez, Climbing the Ladder of Success—My Spiritual Journey, 27 TEX. TECH. L. REV. 1139, 1157 (1996), in which Texas Supreme Court Justice Gonzalez describes his religious re-awakening and the impact his faith had on his decisions, including Nelson v. Krusen, 678 S.W.2d 918 (Tex. 1984); Kennedy v. Hyde, 682 S.W.2d 525 (Tex. 1984); In re Unnamed Baby McLean, 725 S.W.2d 696 (Tex. 1987); Jilani v. Jilani, 767 S.W.2d 671 (Tex. 1988); Cox v. Thee Evergreen Church, 836 S.W.2d 167 (Tex. 1992), Speer v. Presbyterian Children’s Home, 847 S.W.2d 227 (Tex. 1993); Valenzuela v. Aquino, 853 S.W.2d 512 (Tex. 1993); Tilton v. Marshall, 925 S.W.2d 672 (Tex. 1996); and Krishnan v. Sepulveda, 916 S.W.2d 478 (Tex. 1995). He concludes: In each of the above cases, my relationship with God impacted the way I considered and wrote about the issues presented. How we experience God and our level of religious commitment (or lack of commitment) impacts our work. One’s views on how the world began, sin, forgiveness, and redemption influences our attitudes, behavior, and everything that we do. Gonzalez, supra, at 1157. 5 See generally James W. Gordon, Religion and the First Justice Harlan: A Case Study in Late Nineteenth Century Presbyterian Constitutionalism, 85 MARQ. L. REV. 317 (2001); Thomas C. Berg & William G. Ross, Some Religiously Devout Justices: Historical Notes and Comments, 81 MARQ. L. REV. 383 (1998); Stephen L. Carter, The Religiously Devout Judge, 64 NOTRE DAME L. REV. 932 (1989). Some judges believe that they have a right to use religious references in justifying their decisions. Judge Griffen, who is also a Baptist pastor, explains why he thinks he has that right: Finally, devout judges must remain sensitive to the important role that religious values and their proper expression serve within a pluralistic society. If the devout judge does not remind society that certain conduct is condemned as offensive to domestic tranquility, contrary to the laws of nature, or inconsistent with truth, then society is denied the value of that information and judgment in its pursuit of justice. The give-and-take of competing moral, behavioral, intellectual, and cultural philosophies is how a pluralistic society operates. The devout judge, as a citizen of two societies, helps society remain pluralist by thinking and acting in a holistic way, not by trivializing religious conviction. Wendell L. Griffen, The Case for Religious Values in Judicial Decision-Making, 81 MARQ. L. REV. 513, 520 (1998). 6 See Joan Biskupic, Scalia Makes The Case for Christianity; Justice Proclaims Belief in Miracles, WASH. POST, Apr. 10, 1996, at A1; see also, e.g., Michael Stokes Paulsen & Steffen N. Johnson, Scalia’s Sermonette, 72 NOTRE DAME L. REV. 863 (1997). 2005] QUOTING THE BIBLE 33 limited authority granted by God,”7 and “that God, not the state or any government established by man, is the source of all our rights.”8 Some judges use religion as an alternative to traditional sentencing such as jail or rehabilitation for drug and alcohol offenders. 9 Other judges go as far as prohibiting the parents in a divorce decree from exposing their child to “non-mainstream” religious beliefs and rituals.10 Despite the unprecedented presence of religion in the lives of ordinary American citizens,11 some scholars12 continue to maintain “a modern myth that religion is somehow persecuted in American life.”13 Responding to the argument that explicit religious references are rare or absent from judicial opinions,14 this Article will demonstrate that judges’ personal religious beliefs and religious education very often find a place in decisions they write.15 A quick 7 Ex parte G.C., No. 1040001, 2005 WL 1793345, at *22 (Ala. July 29, 2005) (Parker, J., dissenting). 8 Id. at *14 (Bolin, J., concurring specially). 9 See Alan Maimon, Judge Lets Some Defendants Attend Worship as Sentencing Option, COURIER-J. (Louisville, KY), May 31, 2005, at A1. Michael Caperton, a Laurel district judge since 1994 and a devout Christian, offered the option of attending worship for ten services “about 50 times to repeat drug and alcohol offenders.” Id. 10 See Kevin Corcoran, Father Appeals Anti-Wicca, INDIANAPOLIS STAR, May 26, 2005, at A1. 11 See generally Faith Based and Community Initiatives, http:// www.whitehouse.gov/government/fbci/index.html (last visited Jan. 24, 2006). In the field of legal theory, one author suggested it is time to develop a Christian jurisprudence. Jonathan Edward Maire, The Possibility of a Christian Jurisprudence, 40 AM. J. JURIS. 101, 101-02 (1995). 12 Paulsen & Johnson, supra note 6, at 867 (commenting that Justice Scalia’s speech at a prayer breakfast at the First Baptist Church in Jackson, Mississippi, on April 9, 1996, was “about the clash of world views between Christianity and today’s dominant culture. It was about the difficulties of being a Christian in a secular world—our culture and, especially, our legal culture.”). 13 Biskupic, supra note 6, at A7 (quoting James Dunn, executive director of the Baptist Joint Committee on Public Affairs). 14 Idleman, Concealment, supra note 2, at 520 (“To most observers of the American legal system, including its participants, the absence of overt religious language or reasoning in judicial decisionmaking is unremarkable. In all likelihood, it is not even noticed.”); Modak-Truran, supra note 3, at 786-87 (“[e]xplicit religious references rarely appear in judicial opinions.”); Berg & Ross, supra note 5, at 387 (“Note, however, the limits on the importance of religious arguments. First, such arguments do not appear as often as one might expect in an age of pervasive Christianity: one can basically count them on two hands.”); Richard H. Hiers, The Death Penalty and Due Process in Biblical Law, 81 U. DET. MERCY L. REV. 751, 752 (2004) (“Biblical texts occasionally are even cited as authority in judicial opinions.”). 15 See generally J. Michael Medina, The Bible Annotated: Use of the Bible in Reported American Decisions, 12 N. ILL. U. L. REV. 187 (1991). This annotation collects cases where a court directly cites a biblical passage, and the author lists the following doctrines for which the Bible is cited as the foundation: “the sequestration rule, punitive damages, forgiveness of debts, due process, forfeiture, alien rights, statutory construc34 NEW YORK CITY LAW REVIEW [Vol. 9:31 Westlaw online survey of federal and state cases for the use of biblical books, such as Genesis, Exodus, Leviticus, and Deuteronomy, produces a high number of results.16 Interestingly, courts of the nineteenth century rarely quoted the Bible, despite the fact that many judges were devoutly religious and active in their local congregations. 17 Quoting the Bible is much more characteristic of twentieth-century American courts and is a matter of great concern to anyone who believes that judicial decision-making should not be based on comprehensive doctrines such as religion.18 The first part of this Article discusses the judicial use of the Bible in criminal sentencing by trial courts. The second part examines some of the ways in which courts undermine the religious character of biblical quotations. The third part examines the variety of purposes for which courts use biblical quotations. The fourth part is a case study of judicial use of two specific biblical tion, basic agency doctrine, tenancy by the entirety, the two-witness rule, the right of confrontation, judicial impartiality, criminalization of sodomy, the necessity defense to criminal charges, the right of free travel, usury, eminent domain, impeachment of witnesses, the law of apportionment, property tax exemptions, double jeopardy, and various elements of past and present domestic relations law.” Id. at 189-91. 16 For example, a Westlaw search performed on February 10, 2006 resulted in the following: Genesis 1 is quoted in 10 state and 11 federal cases; Exodus 21 is quoted in 59 state and 27 federal cases; Leviticus 24 is quoted in 5 state and 8 federal cases; Deuteronomy 19 is quoted in 16 state and 7 federal cases. In the same search, the word Leviticus appeared in 126 state, 89 federal, and 4 Supreme Court cases; the word Deuteronomy appeared in 173 state, 100 federal, and 5 Supreme Court cases. This author’s review of search results showed that only a small number of quotations are part of the facts of a case. Due to the lack of more precise search methods in Westlaw and Lexis databases that would allow comprehensive inquiries of biblical quotations, this Article was limited to a discussion of a very narrow scope of biblical quotations in judicial opinions. 17 See infra Appendix. 18 John Rawls based his theory of justice on the concept of public reason shared by all citizens, “independent of opposing and conflicting philosophical and religious doctrines,” and “an overlapping consensus of reasonable religious, philosophical, and moral doctrines.” He said: The religious doctrines that in previous centuries were the professed basis of society have gradually given way to principles of constitutional government that all citizens, whatever their religious view, can endorse. Comprehensive political and moral doctrines likewise cannot be endorsed by citizens generally, and they also no longer can, if they ever could, serve as the professed basis of society. JOHN RAWLS, POLITICAL LIBERALISM 9-10 (1993). Rawls viewed the Supreme Court as the best exemplar of public reason in a society of constitutional regime with judicial review and argued that public reason is “well suited to be the court’s reason in exercising its role . . . .” Id. at 231. But see generally GREENAWALT, Publicly Accessible Grounds of Decision and Religious Convictions, in RELIGIOUS CONVICTIONS, supra note 2, at 49-84; and Richard Posner, The Problematics of Moral and Legal Theory, 111 HARV. L. REV. 1637 (1998). 2005] QUOTING THE BIBLE 35 passages, Matthew 6:24 and Luke 16:13. The fifth part considers the judicial use of religious references other than the Bible. The Article concludes that the use of religious references in judicial decision- making should be prohibited.19 “The Christian state knows only privileges.”20 Christian faith is privileged in the United States.21 Because a privilege is not a right, the government is under no obligation to confront the injustice and discrimination created by it.22 On the contrary, since the religious beliefs of a majority of Americans are associated with Christianity, 23 such privilege is largely invisible and sustained by the power it creates.24 As is often the case, the characteristics of the majority become so internalized that they are considered the social norm.25 In a way, they “domesticate” the minority.26 Additionally, 19 “The justices cannot, of course, invoke their own personal morality, nor the ideals and virtues of morality generally. Those they must view as irrelevant. Equally, they cannot invoke their or other people’s religious or philosophical views.” RAWLS, supra note 18, at 236. 20 KARL MARX, On The Jewish Question, in 3 KARL MARX & FREDERICK ENGELS: COLLECTED WORKS 1843-44, at 146, 146 (Jack Cohen et al. trans., 1975). 21 Joseph R. Duncan, Jr., Privilege, Invisibility, and Religion: A Critique of the Privilege that Christianity Has Enjoyed in the United States, 54 ALA. L. REV. 617, 626 (2003). See, e.g., Zorach v. Clauson, 343 U.S. 306, 313 (1952) (upholding a New York City program permitting public schools to release students to attend religious instruction and stating, “[w]e are a religious people whose institutions presuppose a Supreme Being.”); Church of the Holy Trinity v. United States, 143 U.S. 457, 471 (1892) (holding that a statute prohibiting the contracting of foreigners to perform labor and services did not apply to clergy, and stating that “this is a Christian nation”). 22 See Duncan, supra note 21, at 621. 23 See BARRY A. KOSMIN ET AL., THE GRADUATE CENTER OF THE CITY UNIVERSITY OF NEW YORK, AMERICAN RELIGIOUS IDENTIFICATION SURVEY 12 (2001), http:// www.gc.cuny.edu/faculty/research_studies/aris.pdf (on file with the author). According to the most comprehensive study of religious identification of American adults, done by the Graduate Center of the City University of New York, 76.5% of the U.S. population self-identifies as Christians. Id. See also Largest Religious Groups in the United States of America, http://www.adherents.com/rel_USA.html (last updated Jan. 24, 2006). 24 Duncan, supra note 21, at 622. See also Simpson v. Chesterfield County Bd. of Supervisors, 404 F.3d 276, 283 (4th Cir. 2005). Applying Marsh v. Chambers, 463 U.S. 783 (1983), the court held that the county board’s invocation policy excluding a county resident’s Wiccan religion was constitutionally sound and that the Wiccan religion was not monotheistic, did not “fit broadly within ‘the Judeo-Christian tradition,’” and lacked “the unifying aspects of our heritage.” Id. 25 See Stephanie M. Wildman with Adrienne D. Davis, Language and Silence: Making Systems of Privilege Visible, 35 SANTA CLARA L. REV. 881, 890 (1995). See also STEPHANIE M. WILDMAN, PRIVILEGE REVEALED: HOW INVISIBLE PREFERENCE UNDERMINES AMERICA 141 (1996). [O]ur social system is not supposed to privilege organized religion or religious belief over the secular realm. But this protection of the secular creates a peculiar vacuum, in which religion is supposed to be invisible, yet Christmas is a national holiday. Even the phrasing ‘church [but 36 NEW YORK CITY LAW REVIEW [Vol. 9:31 religious practices and expressions are widely accepted and sanctioned by courts based on their context27 or tradition.28 It is now accepted that religious practices and expressions that are deeply embedded in the nation’s history and tradition do not violate the Constitution.29 They include, among others, opening the Supreme Court session with “God save the United States and this honorable not synagogue or mosque] and state’ privileges Christianity as the defining religion for constitutional drafting. Systems of privilege and the religious/ secular dichotomy intertwine with the rule of law to contribute to the undermining of justice. Systemic privileging and oppression remain invisible and undiscussed, in accordance with the unwritten rules of our society. The rule of law does nothing to end this invisibility and may even contribute to its continuation. Thus the very act of seeing that the rule of law and systems of privilege undermine justice is itself problematic. A full attack on privileging and oppression can begin in earnest only when the legal profession recognizes this privileging dynamic. But this reality—privilege—that we must see has not even found articulation in legal vocabulary. Id. 26 The term “domestication” is borrowed from lesbian legal theory. “Domestication also describes a process of substituting one way of thinking for another. Domestication has occurred when the views of the dominant culture, in this case legal culture, are so internalized they are considered common sense.” Ruthann Robson, Mother: The Legal Domestication of Lesbian Existence, 7 HYPATIA 172, 172 (1992). 27 See County of Allegheny v. ACLU, 492 U.S. 573, 621 (1989) (holding that a display of the cr`eche in a county courthouse violates the Establishment Clause while the display of a menorah in front of a county building, in a particular setting next to a Christmas tree, does not); Lynch v. Donnelly, 465 U.S. 668, 687 (1984) (holding that “notwithstanding the religious significance of the cr`eche,” its display by the city did not violate the Establishment Clause). Justice Burger stated: It would be ironic, however, if the inclusion of a single symbol of a particular historic religious event, as part of a celebration acknowledged in the Western World for 20 centuries, and in this country by the people, by the Executive Branch, by the Congress, and the courts for 2 centuries, would so “taint” the city’s exhibit as to render it violative of the Establishment Clause. To forbid the use of this one passive symbol— the cr`eche—at the very time people are taking note of the season with Christmas hymns and carols in public schools and other public places, and while the Congress and legislatures open sessions with prayers by paid chaplains, would be a stilted overreaction contrary to our history and to our holdings. Id. at 686. 28 See Freethought Soc’y of Greater Phila. v. Chester County, 334 F.3d 247, 269 (3d Cir. 2003) (holding that a Ten Commandments plaque affixed to a courthouse is not a real threat to the Establishment Clause). The court noted that “the age and history of the plaque provide a context which changes the effect of an otherwise religious plaque.” Id. at 264 (citing County of Allegheny, 492 U.S. at 630 (O’Connor, J., concurring)). 29 See Marsh, 463 U.S. at 788-89. Justice Burger held that a century-old practice of opening legislative sessions with a prayer by a chaplain paid with public funds does not pose a real threat to the Establishment Clause. Id. at 795. 2005] QUOTING THE BIBLE 37 Court;”30 opening a legislative session with a prayer;31 recognizing the nation in the pledge of allegiance as “one Nation under God;”32 and printing “In God We Trust” on our money,33 and posting it in court rooms, Congressional chambers, and other places of government business. After all, “In God we trust” is our national motto,34 and Thanksgiving and Christmas are national holidays.35 President Reagan even once proclaimed 1983 the year of the Bible.36 The privilege of Christian religion is also affirmed and supported by Congress. For example in 2005, members of Congress introduced a House resolution directing the Speaker of the House to display the Ten Commandments in the House Chamber in case the Supreme Court was to rule that the government display of the Ten Commandments in public places is unconstitutional.37 Advanced by Representatives King, Chabot, Bartlett, Norwood, Pitts, Westmoreland, Blackburn, Fox, Gingrey, Hostettler, Goode, and Alexander, the resolution was introduced in anticipation of the Supreme Court ruling on two Ten Commandment cases argued during the April 2005 term: Van Orden v. Perry38 and McCreary County v. ACLU.39 The resolution states, among other things, that the House “recognizes that posting the Ten Commandments in the House Chamber is a constitutionally protected expression of our Nation’s heritage and the foundation of our laws.”40 The statement that biblical commands are the foundation of our laws may come as a surprise to law school students who, upon entering law school, first 30 County of Allegheny, 492 U.S. at 630 (O’Connor, J., concurring) (reaffirming the secular purpose of “ceremonial deism” of the phrase, “God save the United States and this honorable Court,” which, despite its religious roots, does not convey endorsement of a particular religious belief). 31 Marsh, 463 U.S. at 795. See also Simpson, 404 F.3d at 282 (applying Marsh, which “teaches[ ] legislative invocations perform the venerable function of seeking divine guidance for the legislature”). But see Wynne v. Town of Great Falls, 376 F.3d 292, 301-02 (4th Cir. 2004), cert. denied, 125 S. Ct. 2990 (2005) (holding that the Town Council’s invoking of Jesus Christ while excluding deities associated with other faiths was “not constitutionally accepted legislative prayer like that approved in Marsh”). 32 4 U.S.C. § 4 (2000). 33 31 U.S.C. § 5112 (2000). 34 36 U.S.C. § 302 (2000). 35 5 U.S.C. § 6103 (1990). 36 S.J. Res. 165, 97th Cong., 96 Stat. 1211 (1982). 37 H.R. Res. 214, 109th Cong. (2005). 38 125 S. Ct. 2854, 2864 (2005) (holding that the display of a monument inscribed with the Ten Commandments on the Texas state capitol grounds did not violate the Establishment Clause). 39 125 S. Ct. 2722, 2745 (2005) (holding that displaying the Ten Commandments at a Kentucky county courthouse violated the Establishment Clause). 40 H.R. Res. 214, 109th Cong. (2005). 38 NEW YORK CITY LAW REVIEW [Vol. 9:31 learn about the history and sources of American law. One of the most popular law school books on this topic is the Historical Introduction to Anglo-American Law in a Nutshell.41 In tracing American legal history, this book starts by pointing out that most of the concepts of Anglo-American law were developed in the last eight hundred years,42 thus excluding the Bible as a direct source of our laws. The book also lays out two main sources of law upon which the American legal system relies: cases and statutes.43 The Bible is not mentioned as a source of American law. The privilege of Christianity as the predominant religion in the United States is vigorously supported by the media. While the author was working on this Article, Pope John Paul II died on April 2, 2005.44 Shortly thereafter, on April 11, 2005, Maurice Hilleman, one of the greatest scientists of modern times, died.45 While Pope John Paul II was considered by many to be one of the most important “spiritual leaders and moral teachers of the Modern Era”46 and probably one of the most famous people in the world, microbiologist Maurice Hilleman remained “the world’s best kept secret.” 47 The discrepancy in the print media coverage of the deaths of these two important persons speaks for itself and is stunning. A search of the term “Pope John” in the “Major Newspapers” section of the Lexis News & Business online database produced 1086 entries for the period between April 2, 2005, when the Pope died, and April 3, 2005, when the news was announced. In contrast, a search for “Maurice Hilleman” in the same database for the period between April 11, 2005, when the scientist died, and April 12, 2005, when the news was released, produced only four results: the Balti- 41 FREDERICK G. KEMPIN, JR., HISTORICAL INTRODUCTION TO ANGLO-AMERICAN LAW IN A NUTSHELL (3d. ed. 1990). 42 Id. at 2. 43 See id. at 95-125. For a detailed explanation of sources of Anglo-American law, see generally CARLETON KEMP ALLEN, LAW IN THE MAKING (1927); and SIR FREDERICK POLLOCK & FREDERIC WILLIAM MAITLAND, THE HISTORY OF ENGLISH LAW BEFORE THE TIME OF EDWARD I (2d ed. 1923). 44 See After 26-Year Reign, Pontiff Dies at 84, CNN, Apr. 2, 2005, http:// www.cnn.com/2005/WORLD/europe/04/02/pope.dies/index.html; Ian Fisher, Pope John Paul II Dies at 84, N.Y. TIMES, Apr. 3, 2005, at A1. 45 Lawrence K. Altman, Maurice Hilleman, Master in Creating Vaccines, Dies at 85, N.Y. TIMES, Apr. 12, 2005, at A1. 46 S. Res. 95, 109th Cong. (2005). See also S. Res. 94, 109th Cong. (2005); H.R. Res. 186, 109th Cong. (2005). 47 Patricia Sullivan, Maurice R. Hilleman Dies; Created Vaccines, WASH. POST, Apr. 13, 2005, at B6. Maurice Hilleman “invented over 40 vaccines, including those for mumps, chickenpox, measles, rubella, hepatitis A and B, meningitis, and countless variants of the flu virus.” Caroline Richmond, Obituary, Maurice Hilleman; Inventor of More than 40 Vaccines, INDEPENDENT (London), Apr. 20, 2005, at 35. 2005] QUOTING THE BIBLE 39 more Sun, the New York Times, the Orlando Sentinel, and the Seattle Times. While religious expression is recognized as part of American tradition and history, no court has yet provided a reasonable explanation of how the passage of time makes religious expression less religious and more secular so that it becomes a primary source of constitutional legitimacy.48 The proposition that religious practices and expressions do not violate the Constitution because they are accepted by a majority of society or are somehow “secularized” is a dangerous one.49 The government’s endorsement and use of religion encourages the oppression of minorities because it makes religious privilege invisible, allowing the majority in power to use the law according to its own beliefs.50 Congress is the biggest threat today to both judicial independence from religion and the court’s traditional role as the interpreter of the law. Members of Congress introduced the Constitution Restoration Act of 2005: Notwithstanding any other provision of this chapter, the Supreme Court shall not have jurisdiction to review, by appeal, writ of certiorari, or otherwise, any matter to the extent that relief is sought against an entity of Federal, State, or local government, or against an officer or agent of Federal, State, or local government (whether or not acting in official or personal capacity), concerning that entity’s, officer’s, or agent’s acknowledgment of God as the sovereign source of law, liberty, or government.51 48 Charles Gregory Warren, No Need to Stand on Ceremony: The Corruptive Influence of Ceremonial Deism and the Need for a Separationist Reconfiguration of the Supreme Court’s Establishment Clause Jurisprudence, 54 MERCER L. REV. 1669, 1691-92 (2003). See also State v. Ceballos, 832 A.2d 14, 55 (Conn. 2003) (Zarella, J., concurring in part and dissenting in part). [N]ot all religious references, including allusions to the Bible, God or other biblical characters, are impermissible. This is because many words and phrases traditionally viewed as religious in nature or derived from religious sources have become, over time, an integral part of the English language, and no longer may be recognized by either prosecutors or jurors as having purely religious connotations or derivations. Consider, for example, the phrases “raising Cain” and “for whatever a man sows, that he will also reap.” Both phrases are common expressions derived from the Bible. Still other expressions, such as “an eye for an eye,” have both religious and secular origins. Id. (citation omitted). 49 Warren, supra note 48, at 1692-93. 50 See generally Duncan, supra note 21. 51 S. 520, 109th Cong. (2005); see also H.R. 1070, 109th Cong. (2005). The Constitution Restoration Act was first introduced during the 108th Congress. See S. 2082, 108th Cong. (2004); S. 2323, 108th Cong. (2004); H.R. 3799, 108th Cong. (2004). During the 108th Congress, many other bills and resolutions were introduced recog40 NEW YORK CITY LAW REVIEW [Vol. 9:31 By imposing its own religious values, the conservative religious right movement is destroying two of the most important values of American society: tolerance and pluralism.52 Attempts by conservative members of Congress to deprive the Supreme Court and the federal courts of their jurisdiction in solving disputes with religious subject matter are without precedent in our history. These attempts undermine the long-standing principle of judicial review articulated in Marbury v. Madison.53 At the same time, courts’ use of religious references and religious convictions in their decisionmaking is on the rise.54 It is hardly worth noting that, in a society with a Christian majority, the majority of judges are Christians.55 The power of the nizing the privilege of Christianity. See also H.R.J. Res. 39, 108th Cong. (2004) (constitutional amendment proposing “[a] law that prescribes the Pledge of Allegiance or provides for United States coins or currency is not a law respecting an establishment of religion because it refers to God in the Pledge or includes a reference to God on coins or currency.”); S. 1558, 108th Cong. (2003) (Religious Liberties Restoration Act proposing: the power to display the Ten Commandments on government property; the power to recite the Pledge of Allegiance on government property; the power to recite the national motto “In God We Trust” on government property; and the power to except this subject matter from the jurisdiction of federal courts inferior to the Supreme Court); S. Con. Res. 91, 108th Cong. (2004) (proposing to designate April 2005 as American Religious History Month and requesting that “the President issue a proclamation calling upon the people of the United States to observe the year with appropriate ceremonies and activities”). 52 Abraham H. Foxman, Foreword to ANTI-DEFAMATION LEAGUE, THE RELIGIOUS RIGHT: THE ASSAULT ON TOLERANCE AND PLURALISM IN AMERICA, at iii-iv (1994). This book provides an insight into the grassroots organizing and political commitment of the religious right that led to its enormous power and influence over all three branches of the government in the 1990s. The author defines the religious right as an: array of politically conservative religious groups and individuals who are attempting to influence public policy based on shared cultural philosophy that is antagonistic to pluralism and church/state separation. The movement consists mainly of Protestants, most of them evangelical or fundamentalist, a far smaller number of Catholics, and a smattering of Jews. Id. at 7. 53 See Marbury v. Madison, 5 U.S. 137, 177 (1803). “It is emphatically the province and duty of the judicial department to say what the law is.” Id. 54 See infra Appendix. 55 The first Jewish Justice of the Supreme Court, Louis D. Brandeis, was appointed in 1916 by President Wilson. See Ruth Bader Ginsburg, From Benjamin to Brandeis to Breyer: Is There a Jewish Seat?, 41 BRANDEIS L.J. 229, 233 (2002). See also Religious Affiliation of the U.S. Supreme Court, http://www.adherents.com/adh_sc.html (last modified Jan. 31, 2006) (noting that with the confirmation of Samuel Alito, the Supreme Court consists of seven Christian (Alito, Kennedy, Roberts, Scalia, Souter, Stevens, and Thomas) and two Jewish (Breyer and Ginsburg) justices). Statistics show that the Supreme Court is 78% Christian, with a Catholic majority of 56%; while 76.5% of the total U.S. population is affiliated with Christianity. Id. 2005] QUOTING THE BIBLE 41 courts to use religious references as they see fit should not be underestimated. Speaking about the power of judicial review, Alexander Bickel once said, “[t]he least dangerous branch of the American government is the most extraordinarily powerful court of law the world has ever known.”56 Judges should be mindful of the power they are vested with and the public trust in their impartiality and refrain entirely from using religious references in their decision-making. Judges are bound by the Code of Judicial Conduct, which, in addition to its canons requiring that judges uphold the integrity, independence, and impartiality of the judiciary,57 clearly states: A judge shall perform judicial duties without bias or prejudice. A judge shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, and shall not permit staff, court officials and others subject to the judge’s direction and control to do so.58 The arbitrariness, inconsistency, and lack of law on the use of religious references in decision-making are some of the main reasons why such use should be proscribed. I. RELYING ON THE BIBLE IN CRIMINAL SENTENCING While the use of religious references in judicial decision-making is generally unjustified and inappropriate, the most disturbing and harmful invocation of the Bible takes place in criminal sentencing decisions. The Bible is regularly quoted during the criminal sentencing phase of trials by prosecutors and defense attorneys. In their closing arguments, both sides often invoke the Bible in order to convince juries that defendants deserve or do not deserve punishment. Even those defendants who do not wish to use biblical passages in their closing arguments, or for whom such use may be inappropriate, are coerced into doing so in response to prosecutorial use of religion. Such biblical invocation poses a great threat to a defendant’s constitutional rights.59 However, attorneys 56 ALEXANDER M. BICKEL, THE LEAST DANGEROUS BRANCH: THE SUPREME COURT AT THE BAR OF POLITICS 1 (2d. ed. 1986). 57 ANNOTATED MODEL CODE OF JUDICIAL CONDUCT Canons 1 & 3 (2004). 58 Id. at Canon 3 (B)(5). 59 See generally Marcus S. Henson, Carruthers v. State: Thou Shalt Not Make Direct Religious References in Closing Argument, 52 MERCER L. REV. 731 (2001). But see Elizabeth A. Brooks, Thou Shalt Not Quote the Bible: Determining the Propriety of Attorney Use of Religious Philosophy and Themes in Oral Arguments, 33 GA. L. REV. 1113 (1999). 42 NEW YORK CITY LAW REVIEW [Vol. 9:31 are not alone in quoting the Bible. They are increasingly joined by trial judges, who use religious references in their decision-making process and their written opinions.60 While no court has yet specifically addressed whether judicial reliance on religious convictions in written opinions violates the Establishment Clause,61 some courts have considered the issue of whether a defendant’s due process rights are violated when judges rely on religious convictions or religious texts during the sentencing phase. In one well-publicized case, televangelist James O. Bakker, convicted of fraud and conspiracy, challenged his forty-fiveyear sentence claiming a due process violation because the trial judge made personal religious remarks during sentencing.62 The Fourth Circuit held that the trial judge’s comment, “[h]e had no thought whatever about his victims and those of us who do have a religion are ridiculed as being saps from money-grubbing preachers or priests,” made during sentencing, violated Bakker’s due process.63 The Bakker court recognized that the Constitution does not require judges to relinquish their religious beliefs when they assume the office, but it stated that “[c]ourts, however, cannot sanction sentencing procedures that create the perception of the bench as a pulpit from which judges announce their personal sense of religiosity and simultaneously punish defendants for offending it. Whether or not the trial judge has a religion is irrelevant for purposes of sentencing.”64 While Bakker does not involve explicit religious reference by a judge, it serves as a good example of a decision validating the utmost importance of judicial impartiality. However, judges differ on their approach to the use of religious references by their colleagues. The Ohio case of James Arnett is illustrative of the opposing views that judges hold about the use of religious references in judicial decision-making. James Arnett was sentenced to fifty-one years in prison after pleading guilty to ten counts of rape and one count of pandering obscenity to the minor daughter of his live-in girl- 60 See Lis Wiehl, Judges and Lawyers Are Not Singing from the Same Hymnal When It Comes to Allowing the Bible in the Courtroom, 24 AM. J. TRIAL ADVOC. 273, 274 (2000). 61 Modak-Truran, supra note 3, at 783. For a discussion about the lack of Establishment Clause violation challenges in capital cases involving religion during the penalty phase, closing arguments, and jury deliberations, see Gary J. Simson & Stephen P. Garvey, Knockin’ on Heaven’s Door: Rethinking the Role of Religion in Death Penalty Cases, 86 CORNELL L. REV. 1090, 1104-30 (2001). 62 United States v. Bakker, 925 F.2d 728, 740 (4th Cir. 1991). 63 Id. at 740-41. 64 Id. at 740. 2005] QUOTING THE BIBLE 43 friend.65 On appeal, the court remanded for resentencing, holding that the trial judge acted outside the state’s sentencing guidelines and that she violated the defendant’s due process when she used a specific text from the Bible as a determining factor in sentencing.66 The trial judge explained to the defendant that when she had recently imposed a twenty-year sentence for a murder, at least the victim was gone and there was no pain to suffer, but in his case the victim would hurt for the rest of her life.67 The judge proceeded by describing her struggle the night before the sentencing decision about what sentence to impose when she found the answer in a biblical passage.68 The judge then quoted a passage from Matthew 18:5-6: “And whoso shall receive one such little child in my name, [sic] receiveth me. But, [sic] whoso shall offend one of these little ones which believe in me, it were better for him that a millstone were hanged about his neck, and that [sic] he were drowned in the depth of the sea.”69 It is interesting to note that Judge Painter, who wrote the Ohio Court of Appeals opinion, added a footnote after the above quotation, in which he noted: We must quote from the trial transcript, which is not entirely consistent with the Bible, King James Version. The notation “sic” indicates instances where words should have been italicized and where commas should not have been added. We assume that the court reporter added these errors and that the judge read the passage correctly.70 The apologetic tone of this footnote about quoting from a nonauthoritative version of the Bible and the care taken to achieve compliance with the King James Version is most striking. The authoritativeness of the King James Version71 appears to be self-evident for readers familiar with Christian religious texts, but this is most peculiar for someone who does not belong to that majority. It is not entirely clear why the judge took such care to correct the 65 State v. Arnett, Nos. C-980172, C-980173, 1999 WL 65632, at *1 (Ohio Ct. App. Feb. 5, 1999), cert. denied 126 S. Ct. 207 (2005). 66 Id. at *2. 67 Id. at *1. 68 Id. 69 Id. 70 Id. at *1 n.1. 71 More than fifty English translations were printed before the King James Bible was published in 1611. DAVID CRYSTAL, THE STORIES OF ENGLISH 271-75 (2004). The King James Version, popularly known as the “Authorized Version,” was selected to be read in churches. Id. Most of its vocabulary and phrasing derived from the first English translation by William Tyndale, printed in 1525-1526. Id. 44 NEW YORK CITY LAW REVIEW [Vol. 9:31 errors, namely italics and misplacement of commas, or why there was a concern with whether the judge read the passage correctly. It seems almost as if there was a legal requirement that when a court cites the Bible, the King James Version must be used. After the state appealed, the Ohio Supreme Court reinstated the sentence, holding that a sentencing judge’s quotation of a religious text and the acknowledgement of its use during the deliberation process is not impermissible per se and does not violate a defendant’s due process.72 The defendant petitioned for a writ of habeas corpus claiming a violation of the First Amendment Establishment Clause and his due process rights.73 The district court held that the First Amendment claim was waived due to failure to include it in a brief and argument before the state appellate court, but that the judge’s reliance on a biblical passage as the final source for determining the sentence warranted conditional habeas relief until resentencing by a different judge.74 Subsequently, the Sixth Circuit dismissed the habeas petition, holding that the trial judge’s quotation of Matthew 18:5-675 in determining the sentence did not violate the defendant’s due process right because the biblical passage relied upon was just an “additional” source, rather than the “final” source of the decision.76 However, the dissent noted that the trial judge’s reliance on the New Testament provision to determine the sentence was dispositive because, according to the record, the judge admitted that her struggle over the final sentence was answered by this biblical passage. 77 Relying on Bakker, the dissent concluded that the use of a religious text as an authoritative source for reaching a legal result violated the defendant’s fundamental expectation of due process and expressed this related concern: If the Constitution sanctions such direct reliance on religious sources when imposing criminal sentences, then there is nothing to stop prosecutors and criminal defense lawyers from regularly citing religious sources like the Bible, the Talmud, or the Koran to justify their respective positions on punishment. The 72 State v. Arnett, 724 N.E.2d 793, 804 (Ohio 2000), cert. denied 126 S. Ct. 207 (2005). 73 Arnett v. Jackson, 290 F. Supp. 2d 874, 875 (S.D. Ohio 2003). The court found that the Magistrate Judge correctly applied the standard of review set forth in the Anti-Terrorism and Effective Death Penalty Act, 28 U.S.C. § 2244(d). Id. at 877-78. 74 Id. at 878. 75 Arnett v. Jackson, 393 F.3d 681, 684 (6th Cir. 2005), cert. denied 126 S. Ct. 207 (2005). 76 Id. at 688. 77 Id. at 689 (Clay, J., dissenting). 2005] QUOTING THE BIBLE 45 judge would be placed in the position of not only considering statutory sentencing factors, but also deciding which religious texts best justify a particular sentence. Under this approach, the judgments of trial courts could begin to resemble the fatwas of religious clerics, and the opinions of appellate courts echo the proclamations of the Sanhedrin.78 The Sixth Circuit’s conclusion that “[t]here is nothing in the totality of the circumstances of Arnett’s sentencing to indicate that the trial judge used the Bible as her ‘final source of authority,’ as found by the district court,”79 is contrary to the trial judge’s own words: Because I was looking for a source, what do I turn to, to make, to make that determination, what sentence you should get . . . . And in looking at the final part of my struggle with you, I finally answered my question late at night when I turned to one additional source to help me.80 Although the trial judge said she turned to “one additional source,” she used the words “make that determination” when she referred to the sentence to impose.81 More importantly, she used the words “final part” and “finally answered” which clearly emphasized that the finality of her sentencing decision was solved by that one additional source.82 The plain meaning of the language “final” and “finally” was simply dismissed by the Sixth Circuit. The court justified its conclusion by reasoning that, “The [b]iblical principle of not harming children is fully consistent with Ohio’s sentencing consideration to the same effect.”83 The fact that the judge did not impose the maximum sentence commanded by the Bible proved that she did not actually sentence the defendant based upon her religious belief.84 As is obvious from the Arnett case, courts often justify the use of religious references on the grounds of consistency with the statutory law applied in the case. That is an unnecessary and disturbing practice. In considering the defendant’s due process 78 Id. at 691 (Clay, J., dissenting). 79 Id. at 688. 80 Id. at 684. 81 Id. In discussing what constitutes reliance on religious convictions, Kent Greenawalt states, “[t]he clearest instances of reliance on religious convictions occur when the person is certain that he would make a different choice if he disregarded those convictions. . . . A person is clearly not relying on religious convictions when his choice rests firmly on independent grounds.” GREENAWALT, RELIGIOUS CONVICTIONS, supra note 2, at 36. 82 Arnett, 393 F.3d at 684. 83 Id. at 688. 84 Id. 46 NEW YORK CITY LAW REVIEW [Vol. 9:31 violation claim in Arnett, the Sixth Circuit used the Supreme Court rule that a defendant’s due process rights are violated when the death sentence is based on “factors that are constitutionally impermissible or totally irrelevant to the sentencing process, such as for example the race, religion or political affiliation of the defendant.” 85 The Sixth Circuit then said, without any additional explanation, that the trial judge in Arnett did not base her decision on an impermissible factor, and that the factor used was not “totally irrelevant” because it was consistent with the sentencing statute.86 Nevertheless, before it reversed and remanded the case, the Sixth Circuit recognized the following: “We reach this conclusion despite the fact that reasonable minds could certainly question the propriety of the trial judge making mention of the Bible at all in her sentencing decision.”87 Whether the biblical passage quoted in an opinion is consistent or inconsistent with the statutory provision governing the case is irrelevant and, as such, should not be considered or included in a written opinion justifying a decision. Another example of the judicial use of biblical passages in criminal sentencing is the Nebraska case State v. Pattno.88 In Pattno, the defendant pled guilty to the sexual assault of a child and was sentenced to a minimum of twenty months and a maximum of five years in prison by the trial court judge.89 Before he imposed the sentence, the trial judge recited an extensive biblical scripture against homosexuality90 followed by the comment that he also con- 85 Id. at 686 (quoting Zant v. Stephens, 462 U.S. 862, 885 (1983)). 86 Id. at 686-87. 87 Id. at 688. 88 579 N.W.2d 503 (Neb. 1998). 89 Id. at 506. 90 Id. at 505-06. Ever since the creation of the world his invisible nature, namely, his external power and deity, has been clearly perceived in the things that have been made. So they are without excuse; for although they knew God they did not honor him as God or give thanks to him as God, but they became futile in their thinking and their senseless minds were darkened. Claiming to be wise, they became fools, and exchanged the glory of the immortal God for images resembling mortal man or birds or animals or reptiles. Therefore God gave them up in the lusts of their hearts to impurity, to the dishonoring of their bodies among themselves, because they exchanged the truth about God for a lie and worshiped and served the creature rather than the Creator, who is blessed for ever [sic]. Amen. For this reason God gave them up to dishonorable passions. Their women exchanged natural relations for unnatural, and the men likewise gave up natural relations with women and were consumed with passion for one another, men committing shameless acts with men and receiving in their own persons the due penalty for their error. 2005] QUOTING THE BIBLE 47 sidered the “nature . . . of the defendant.”91 The Nebraska Supreme Court held that a reasonable person could have questioned the trial judge’s impartiality because he relied upon his personal religious beliefs in deciding the sentence.92 The court also pointed out that the defendant was convicted of having sexual contact with a minor, which is a crime, and not of having sexual contact with a person of the same gender, which is not a crime in the state of Nebraska.93 It is not unusual for judges to inject biblical passages in their opinions as justification for supporting the harsh punishment of certain crimes such as child sexual abuse. In People v. Jagnjic, the defendant pleaded guilty to aggravated sexual abuse of a child and was sentenced to no less than five and no more than fifteen years in prison.94 However, the New York Appellate Division found that, absent a professional psychiatric evaluation, the sentence was excessive. 95 In a dissenting opinion, Justice Lupiano pointed to the heinous nature of the crime, arguing that the sentencing decision should not be disturbed and quoted a biblical passage to support that view: The condemnation of crimes against the young is deeply ingrained in the ethical and moral history of western civilization. Indeed, the bible is replete with references to this universal condemnation as, for example, the following scriptural passage concerning children—“Whosoever shall offend one of these little ones . . . it were better than a millstone were hanged about his neck, and that he were drowned in the depth of the sea” (Matthew 18:6).96 Quoting the Bible in support of a judicial decision is in clear violation of the judicial code, and it prejudices defendants not only by the content of the religious reference, but by the very fact that an irrelevant, extralegal source is used in the decision-making process. Id. (quoting the Bible). 91 Id. at 506. 92 Id. at 509. 93 Id. at 508. No statute in this state criminalizes sexual contact between consenting adults of the same gender. Thus, Pattno’s crime is that he had sexual contact with a minor; not that he had sexual contact with another male. Therefore, the biblical scripture which the judge read was not relevant to the crime to which Pattno pled guilty, and it should not have been considered by the judge in determining an appropriate sentence. Id. 94 447 N.Y.S.2d 439, 439 (App. Div. 1982). 95 See id. at 439-40. 96 Id. at 443 (Lupiano, J., dissenting). 48 NEW YORK CITY LAW REVIEW [Vol. 9:31 As the Arnett, Pattno, and Jagnjic cases illustrate, any reliance on the Bible as a direct or supporting source of authority in the decisionmaking process jeopardizes the integrity of the criminal justice system and, if not proscribed, encourages further use of the Bible by judges and other officers of the court. II. UNDERMINING THE RELIGIOUS CHARACTER OF RELIGIOUS REFERENCES There are many cases where judicial reference to a biblical passage is justified by the use of language that undermines the religious character of the text or its authority.97 This type of qualifying statement is in direct contradiction to the actual meaning of the text and to courts’ use of the Bible to support their arguments in countless cases in which the biblical references are used in their proper meaning. It is only logical to conclude that any use of biblical references in judicial decision-making, especially in written opinions, must be entirely arbitrary. On one hand, judges invoke the Bible as serious support for their propositions, and, on the other, their use of the Bible is trivialized. Judge Hildebrandt, who dissented in the State v. Arnett Ohio Court of Appeals decision finding a violation of due process, used the “mere”98 language justifica- 97 By qualifying a statement with “mere” or “merely,” courts undermine the religious value of the source from which the quotation is taken, despite the fact that the Bible is cited as the authority. This trend is consistent with the Supreme Court’s “secularization” of religious expressions. See generally Ashley M. Bell, “God Save This Honorable Court”: How Current Establishment Clause Jurisprudence Can Be Reconciled with the Secularization of Historical Religious Expressions, 50 AM. U. L. REV. 1273 (2001). Bell criticizes the Supreme Court’s secularization approach to religious expression: In addition to being an inconsistent solution, secularization does a great disservice to both religion and society. . . . Moreover, the Court seems more apt to secularize practices derived from Christianity, thus preferring Christianity over other religions. This consequence results in ‘religious divisiveness, violating the fundamental principles behind the religion clauses.’ Thus, the entire purpose of secularization backfires in its process. While attempting to neutralize religious influence, the Court in actuality prefers some religions, namely Christianity, over others. Id. at 1305-07. This critique is consistent with the famous quote of the Supreme Court that, “The Ten Commandments are undeniably a sacred text in the Jewish and Christian faiths, and no legislative recitation of a supposed secular purpose can blind us to that fact.” Stone v. Graham, 449 U.S. 39, 41 (1980). 98 The Oxford English Dictionary defines “mere” and “merely” as follows: “mere- Having no greater extent, range, value, power, or importance that the designation implies; that is barely or only what it is said to be;[ ] insignificant, ordinary, foolish, inept” and “merely-Without any other quality, reason, purpose, view, etc.; only (what is referred to) and nothing more.” SHORTER OXFORD ENGLISH DICTIONARY ON HISTORICAL PRINCIPLES 1750 (5th ed. 2002). 2005] QUOTING THE BIBLE 49 tion twice in a very short opinion. Hildebrandt stated that “[t]he language quoted from the Bible merely reflects society’s interests in protecting its most vulnerable citizens, a laudable goal that is incorporated into the sentencing guidelines enacted by the General Assembly.”99 The dissent concluded, “[t]he mere citation of scriptural material in pronouncing the sentence should not be permitted to obscure the fact that the trial judge based her decision on the proper statutory considerations and that the defendant has failed to demonstrate that any prejudice resulted from the judge’s statements.”100 In reinstating the sentence, Supreme Court of Ohio Judge Cook used the “mere” language to distinguish general principles from personal beliefs: “Several state supreme courts, though they cite Bakker with approval, have declined to vacate sentences where the judge’s religious comments merely acknowledge generally accepted principles, as opposed to highly personal religious beliefs that become the basis for the sentence imposed.”101 In conclusion, the court found that “Arnett’s sentencing judge cited a religious text merely to acknowledge one of several reasons—‘one additional source’—for assigning significant weight to a legitimate statutory sentencing factor.”102 The court’s distinguishing of Bakker from Arnett is unpersuasive when it states that “Bakker merely prohibits a judge’s personal religious principles from being ‘the basis of a sentencing decision.’”103 There is no explanation of how the trial judge’s personal religious principles in Arnett were not implicated within the general principles when she turned to the book of Matthew for final help in determining the sentence. A judge’s personal perception of the meaning of biblical passages seems to be crucial in determining whether the use of the Bible is authoritative or symbolic. A judge’s use of the word “mere” often determines whether a defendant’s due process challenge succeeds. For example, in State v. Cribbs, the Tennessee Supreme Court affirmed the death sentence of a defendant convicted of premeditated first degree murder.104 On appeal, the defendant argued that the prosecution’s use of biblical references to justify the death sentence violated his due process rights.105 The state argued 99 Arnett, 1999 WL 65632, at *3 (Hildebrandt, J., dissenting). 100 Id. 101 Arnett, 724 N.E.2d at 803. 102 Id. 103 Id. at 804. 104 967 S.W.2d 773, 776 (Tenn. 1998). 105 Id. at 783. 50 NEW YORK CITY LAW REVIEW [Vol. 9:31 that although biblical quotations were impermissible, the prosecutor’s use of the language “‘whatever a man sows, so shall he reap’ was merely a metaphor for individual accountability, rather than a justification for imposition of the death penalty.”106 Noting that a biblical reference in this case was inappropriate, the court nevertheless accepted the state’s argument finding that it did not prejudice the defendant.107 The court justified its finding by calling attention to the consistency of the biblical principle with the statute: “[W]e view the comments by the prosecutor which implied that Tennessee law embraced the principle of ‘reap what you sow’ as merely an extension of that metaphor.”108 Similarly, the dissent in People v. Harlan used the “merely” phraseology to point out the trial court’s misquoting of biblical passages in the trial record. Harlan was sentenced to death for first-degree murder, but his sentence was vacated because the jury was permitted to bring “the Bible into the jury room to share with others the written Leviticus and Romans texts during the deliberation.” 109 According to the dissent, the trial court concluded that one of the jurors used Romans 13:1, “which requires that one look at government authorities as God’s representative on earth and follow their lead as agents of ‘wrath to bring punishment to the wrongdoer.’”110 The dissent did not contest that the juror used Romans 13:1, but it explained that the passage “merely states ‘Let every soul be subject to the governing authorities for there is no authority except from God and the authorities that exist are appointed by God.’”111 The judge said that the trial court actually imported the language “wrath to bring punishment to the wrongdoer” from Romans 13:4 and criticized the majority for not correcting “these overstatements.”112 The thrust of the Romans passage is an absolute submission to the authorities—and only those established by God. The trial court’s use of language from 106 Id. 107 Id. at 784. 108 Id. 109 109 P.3d 616, 632 (Colo. 2005). This case immediately caught the attention of the media. See Kirk Johnson, Colorado Court Bars Execution Because Jurors Consulted Bible, N.Y. TIMES, Mar. 29, 2005, at A1; Thane Rosenbaum, Is Court a Place for Morals?, L.A. TIMES, Mar. 30, 2005, at B11; Eric Gorski, Book, Not Faith, Broke Court Rules, DENV. POST, Mar. 30, 2005, at 1A; Suzanne Goldenberg, US Jury’s Bible Death Sentence Quashed, GUARDIAN, Mar. 30, 2005, at 11; Bible-Influenced Death Penalty Ruling Rejected, IRISH TIMES, Mar. 30, 2005, at 10. 110 Harlan, 109 P.3d at 635 (Rice, J., dissenting). 111 Id. 112 Id. 2005] QUOTING THE BIBLE 51 Romans 13:4 about the consequences of wrongdoing that would be imposed by God’s appointees neither changed the nature of the command from Romans 13:1 nor undermined the main idea of divine authority this biblical passage conveyed. The juror’s reference to Romans 13:1 alone was sufficient as an improper invocation of an extra-legal authority and cannot be undermined by the dissent’s language “merely states.” This case exemplifies how a judge’s personal view and interpretation of the Bible may affect the outcome of a case. There are many other ways courts qualify the use of religious references in order to find it justifiable or to undermine the impact of such references. One example of the characterization of the use of a biblical passage is found in Bussard v. Lockhart.113 In that case, the court denied a habeas petition for a defendant who escaped from arrest after committing murder, remaining at-large for four years.114 The prosecutor in Bussard used a biblical passage to support the inference of guilt from the escape: “Proverbs 28:1 fits it just as clear as it can be. ‘The guilty flee when no man pursueth while the righteous stand bold as a lion.’ He fled to avoid coming to trial. That shows guilt.”115 In addressing the use of the biblical passage, the court stated: The prosecutor did not use the Bible to invoke the wrath of God against Bussard or to suggest that the jury apply divine law as an alternative to the law of Arkansas. Instead, the prosecutor simply resorted to Proverbs for a more poetic version of a commonsense connection expressly recognized by Arkansas law: flight suggests consciousness of guilt.116 The court cited two cases Killcrease v. State117 and Ward v. State118 in support of the proclamation that Arkansas law expressly recognizes that flight suggests consciousness of guilt.119 A careful reader will notice, however, that only in the Killcrease case was there an issue of flight from arrest.120 Although in Ward the court discussed the fact that the defendant fled the scene upon the arrival of the police, nowhere did the court indicate that the flight was an issue in the case, nor did it state a particular rule related to flight other than “it 113 32 F.3d 322 (8th Cir. 1994). 114 Id. at 323. 115 Id. at 324. 116 Id. 117 836 S.W.2d 380, 382 (Ark. 1992) (flight from arrest corroborates other evidence of guilt). 118 816 S.W.2d 173, 175 (Ark. Ct. App. 1991) (flight from scene of crime). 119 Bussard, 32 F.3d at 324. 120 Killcrease, 836 S.W.2d at 381. 52 NEW YORK CITY LAW REVIEW [Vol. 9:31 may be considered with other evidence in determining guilt.”121 In Killcrease, the defendant was convicted of raping his minor daughter and sentenced to life in prison. On appeal he contended that the evidence of his arrest in Louisiana was irrelevant because no warrant was issued or any charges filed when he left Arkansas.122 The court held that it was up to a jury to determine whether the defendant fled to avoid arrest and that “[f]light to avoid arrest may be considered by the jury as corroboration of evidence tending to establish guilt.”123 In support of this rule, the Killcrease court cited two opinions, Riddle v. State and Ferguson v. State.124 The long line of cases using this rule leads to Stevens v. State, the first case that formulated it as follows: “Flight of the accused is admissible as a circumstance in corroboration of evidence tending to establish guilt.”125 Although many courts followed the rule as articulated in Stevens,126 the court in Ferguson changed the language by omitting the word “circumstance” from its holding that flight may “be considered as corroboration of evidence tending to establish guilt.”127 The difference between the biblical proverb used by the prosecutor in Bussard to support the demonstration of guilt and the rule as originally formulated by the Supreme Court of Arkansas is evident. The language in the proverb sends the message that fleeing is evidence of guilt, while the language of the court’s rule states that fleeing may be considered as a circumstance in corroboration of evidence tending to prove guilt. Even if one compares the modified language of the rule that fleeing suggests consciousness of guilt, the difference is still insufficient for the court to conclude that the biblical passage was a “poetic version” of the rule. The Bussard case is an illustration of the judicial slippage from biblical text to legal rules without realizing the impact such conflation actually has on the life of a human being. Concerned with the confounding of morality and law, Justice Oliver Wendell Holmes said in his famous essay The Path of the Law, “[t]he law is full of phraseology drawn from morals, and by the mere force of language continually invites us to pass from one domain to the other without perceiving it, as we are sure to do unless we have the 121 See Ward, 816 S.W.2d at 175. 122 Killcrease, 836 S.W.2d at 382. 123 Id. 124 Id. (citing Riddle v. State, 791 S.W.2d 708 (Ark. 1990), and Ferguson v. State, 769 S.W.2d 418 (Ark. 1989)). 125 221 S.W. 186, 188 (Ark. 1920). 126 See Smith v. State, 238 S.W.2d 649, 655 (Ark. 1951); Mason v. State, 688 S.W.2d 299, 300 (Ark. 1985); Yedrysek v. State, 739 S.W.2d 672, 675 (Ark. 1987). 127 Ferguson, 769 S.W.2d at 419. 2005] QUOTING THE BIBLE 53 boundary constantly before our minds.”128 However, there are a variety of ways in which religious references are used in the decision-making process and in reasoning justifying decisions. Courts quote the Bible in order to support their propositions and to show that they are consistent with traditional morality. They sometimes use biblical passages as metaphors or to illuminate a particular common law principle. The Bible often becomes part of the historical explanation of a particular law or practice. In some instances, a biblical passage appears as a rule upon which a decision is based or accompanies a common law or statutory rule as a confirmation of the consistency of our law. The next part will show different ways in which the Bible is used in judicial opinions. III. QUOTING THE BIBLE FOR VARIOUS PURPOSES In some instances, judges use the Bible to express their personal religious and moral beliefs, and former Chief Justice Moore of the Supreme Court of Alabama may be the best example of this practice. In Ex parte H.H., a lesbian ex-wife was denied custody of her children despite the fact that there was evidence of her exhusband’s excessive disciplinary punishment of children.129 Justice Moore’s special concurring opinion is an illustration of inappropriate judicial decision-making using the Bible as law. He starts his opinion with a strong statement: [T]he homosexual conduct of a parent—conduct involving a sexual relationship between two persons of the same gender— creates a strong presumption of unfitness that alone is sufficient justification for denying that parent custody of his or her own children or prohibiting the adoption of the children of others.130 Justice Moore’s perspective that a parent’s homosexual conduct is unfit per se is founded entirely on religious teachings against samesex sexual relationships.131 Unlike the gender-based tender years presumption that the Supreme Court of Alabama found unconstitutional, 132 the sexual orientation-based presumption is still valid in some states.133 The main justification for the per se rule is ex- 128 Oliver Wendell Holmes, The Path of the Law, 10 HARV. L. REV. 457, 459-60 (1897). 129 830 So. 2d 21, 25-26 (Ala. 2002). 130 Id. at 26. 131 See Romans 1:18-32 (New International). 132 See Ex parte Devine, 398 So. 2d 686, 696-97 (Ala. 1981). 133 See, e.g., Roe v. Roe, 324 S.E.2d 691 (Va. 1985). Some courts require that a 54 NEW YORK CITY LAW REVIEW [Vol. 9:31 plained by Justice Moore: “Homosexual conduct is, and has been, considered abhorrent, immoral, detestable, a crime against nature, and a violation of the laws of nature and of nature’s God upon which this Nation and our laws are predicated.”134 Justice Moore finds support for his proposition in Blackstone’s Commentaries135 and proceeds to quote from the Bible and various other sources condemning homosexuality.136 He concludes his opinion with the following words: “The common law adopted in this State and upon which our laws are premised likewise declares homosexuality to be detestable and an abominable sin. Homosexual conduct by its very nature is immoral, and its consequences are inherently destructive to the natural order of society.”137 By quoting biblical passages in support of their decisions, judges like Justice Moore perpetuate homophobia and the legitimacy of laws based on religious morality138 without any concern for the parties involved and the actual legal standards governing our society. One of those standards directly disregarded by Justice Moore in the Ex parte H.H. case is the best-interest-of-the-child standard. This case demonstrates the judicial misconduct present in invoking personal religious beliefs and morality as a basis of judgment. It is most interesting that Justice Moore was never disciplined for basing his decisions on his personal religious beliefs, but was actually removed when he refused to comply with a court order to remove the Ten Commandments monument he displayed in the rotunda of the state judicial building.139 In commenting on the controversy around Justice Moore, one author contrasted the invisibility of the judicial use of religious references to the physical appearance of impropriety, making the following point: parent involved in a same-sex relationship prove absence of harm. See, e.g., Thigpen v. Carpenter, 730 S.W.2d 510, 513-14 (Ark. 1987). Other courts use a “nexus test” requiring only proof that a parent’s sexual conduct will have or has had an adverse impact. See, e.g., A.C. v. C.B., 829 P.2d 660, 664 (N.M. Ct. App. 1992). 134 Ex parte H.H., 830 So. 2d at 26. 135 Id. at 32, 34, 37. 136 Id. at 33-37 (quoting biblical passages Genesis 1:27, 2:24; Leviticus 20:13). 137 Id. at 38. 138 See Bowers v. Hardwick, 478 U.S. 186 (1986). Upholding a Georgia sodomy statute, the Court stated that “[p]roscriptions against that conduct have ancient roots,” referring to Judeo-Christian moral standards. Id. at 192. Concurring Justice Burger reiterated that, “Condemnation of those practices is firmly rooted in Judeao-Christian [sic] moral and ethical standards,” id. at 196, validating the state’s invocation of the biblical books of Leviticus and Romans to justify the sodomy statute, id. at 211 (Blackmun, J. dissenting). 139 See Glassroth v. Moore, 278 F. Supp. 2d 1272, 1275 (M.D. Ala. 2003), aff’d 335 F.3d 1282 (11th Cir. 2003), cert. denied 540 U.S. 1000 (2003). 2005] QUOTING THE BIBLE 55 While the plaintiffs, media, and judicial ethicists were earnestly setting their sights on this highly conspicuous jurist, they were devoting little if any attention to the question of the proper relationship between religion and the decisions judges actually render, including religiously devout judges like Chief Justice Moore. To be sure, the Chief Justice’s fundamental mistake, at least from a job retention perspective, appears not to have been his firm and guiding belief that God’s law ought to inform human law, or even his clear expression of that belief in judicial opinions, which is to say that he was not and would not obviously have been removed from office for actually implementing and manifesting his religious beliefs in his judicial capacity. His apparent mistake, instead, was to manifest them by erecting a granite monument in his administrative, and in many respects less important or less influential, role.140 Often courts use biblical references to explain the historical background of a legal concept. For example, tracing the origin of an in rem forfeiture proceeding by the government against the property involved in or acquired by crime, the Supreme Court cited Exodus 21:28: “[i]f an ox gore a man or a woman, and they die, he shall be stoned and his flesh shall not be eaten.”141 After locating the original source of this legal concept in the Bible, the Court traced the development of the forfeiture further to the common law concept of “deodand,” citing to Blackstone’s Commentaries on the Laws of England and Holmes’s The Common Law.142 While it is a fact that Blackstone cited Exodus in his Commentaries,143 Holmes and other authors did not go that far.144 Other federal and state courts have also used the biblical passage Exodus 21:28 to explain not only the origin of the law of forfeiture, but also other tort actions, despite the availability of other sources of legal history upon which American law is actually founded.145 140 Idleman, Concealment, supra note 2, at 517-18. 141 Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S. 663, 681 n.17 (1974). See also United States v. Bajakajian, 524 U.S. 321, 330 n.5 (1998). 142 Calero-Toledo, 416 U.S. at 681 (citing to “O. Holmes, the Common Law, c. 1 (1881)” and “1. W. Blackstone, Commentaries *300”). See also Bajakajian, 524 U.S. at 330 (citing to “1 W. Blackstone, Commentaries on the Laws of England 290-292 (1765); O. Holmes, The Common Law 10-13, 23-27 (M. Howe ed. 1963)”). 143 WILLIAM BLACKSTONE, 1 COMMENTARIES *291. 144 See OLIVER WENDELL HOLMES, JR., THE COMMON LAW 1-38 (45th printing 1923, 1909, 1881); FREDERICK POLLOCK & FREDERIC WILLIAM MAITLAND, THE HISTORY OF ENGLISH LAW, 473-74 (2d ed. 1923). 145 Federal courts citing or quoting Exodus 21:28: United States v. All Funds in Account Nos. 747.034/278, 295 F.3d 23, 25 (D.C. Cir. 2002); United States v. Gilbert, 244 F.3d 888, 918 (11th Cir. 2001); United States v. One Parcel Prop., 74 F.3d 1165, 1168 (11th Cir. 1996); United States v. 785 St. Nicholas Ave., 983 F.2d 396, 401 (2d 56 NEW YORK CITY LAW REVIEW [Vol. 9:31 The controversial Justice Moore of Alabama provides another example of biblical invocation in support of a historical analysis of a particular concept. Dissenting in Yates v. El Bethel Primitive Baptist Church, he engaged in a historical discussion of the concept of separation between the church and state, quoting from numerous biblical passages.146 Other judges also turn to the Bible in order to solidify the idea that a particular law is rooted in history. In a case involving a defamation suit, the West Virginia Supreme Court used Exodus 20:16, Deuteronomy 19:16-21, and Ecclesiastes 7:1 as historical evidence that slander was prohibited since the beginning of time.147 After quoting the Bible as its first source, the court proceeded by listing numerous legal sources on defamation, libel, and slander. The historical concept of subjecting “illegitimate” children to legal discrimination is also explained using Deuteronomy 23:2: “Throughout history, illegitimate children were precluded from, among other legal rights, entering certain professions. The Book of Deuteronomy states: a bastard shall not enter into the congregation of the Lord; even to this tenth generation shall he not enter into the congregation of the Lord. Deut. 23:2.”148 Supreme Court justices join lower court judges in quoting the Bible when they resort to providing a historical review of certain Cir. 1993); United States v. Seifuddin, 820 F.2d 1074, 1076 (9th Cir. 1987); United States v. Sandini, 816 F.2d 869, 872 (3d Cir. 1987); United States v. $39,000 in Canadian Currency, 801 F.2d 1210, 1218 n.4 (10th Cir. 1986); United States v. One 1976 Mercedes Benz 280S, 618 F.2d 453, 454 (7th Cir. 1980); United States v. Funds from Prudential Sec., 362 F. Supp. 2d 75, 79 (D.C. Cir. 2005); United States. v. Croce, 334 F. Supp. 2d 781, 786 n.13 (E.D. Pa. 2004); United States v. Funds From Prudential Sec., 300 F. Supp. 2d 99, 100 n.1 (D.C. Cir. 2004); United States v. 38 Whalers Cove Drive, 747 F. Supp. 173, 177 (E.D.N.Y. 1990); United States v. Haro, 685 F. Supp. 1468, 1473 (E.D. Wis. 1988). State courts citing or quoting Exodus 21:28: Allen v. State, 605 A.2d 994, 998 n.3 (Md. Ct. Spec. App. 1992); Prop. Clerk of N.Y. City Police Dep’t v. Molomo, 583 N.Y.S.2d 251, 253 (App. Div. 1992); Duren v. Kunkel, 814 S.W.2d 935, 937 n.3 (Mo. 1991); Commonwealth v. One 1988 Ford Coupe, 574 A.2d 631, 636 (Pa. Super. Ct. 1990); Holtzman v. Samuel, 495 N.Y.S.2d 583, 585 n.1 (Sup. Ct. 1985); Dist. Attorney of Queens County v. McAuliffe, 493 N.Y.S.2d 406, 411 (Sup. Ct. 1985); Dir. of Fin. v. Cole, 465 A.2d 450, 456 n.2 (Md. 1983); New Jersey v. One 1977 Dodge Van, 397 A.2d 733, 734 n.1 (Middlesex County Ct. 1979); Prince George’s County. v. Blue Bird Cab Co., 284 A.2d 203, 205 (Md. 1971); Magrine v. Spector, 241 A.2d 637, 639 n.2 (N.J. Super. Ct. App. Div. 1968); Robidoux v. Busch, 400 S.W.2d 631, 639 (Mo. Ct. App. 1966); Johnson v. Olson, 67 P.2d 422, 425 (Kan. 1937). 146 847 So. 2d 331, 350-53 (Ala. 2002) (quoting the following chapters from King James: 2 Chronicles 26:16-21, 2 Chronicles 26:18, 1 Samuel 13:13-14, Ezra 7:21-24, Matthew 22:21, Matthew 18:15-20, Matthew 16:19, 1 Corinthians 6). 147 Crump v. Beckley Newspapers, Inc., 320 S.E.2d 70, 76 (W. Va. 1984). 148 Miscovich v. Miscovich, 688 A.2d 726, 728 n.2 (Pa. Super. Ct. 1997). See also Kohler v. Bleem, 654 A.2d 569, 572 n.1 (Pa. Super. Ct. 1995). 2005] QUOTING THE BIBLE 57 legal principles. While such biblical references are usually placed in footnotes, occasionally they are prominently displayed in the main body of the opinion. For example, in Payne v. Tennessee, holding that the Eighth Amendment does not prohibit the admission of victim impact evidence in jury sentencing,149 Chief Justice Rehnquist quoted Exodus 21:22-23, proscribing “[a]n eye for an eye, a tooth for a tooth” to demonstrate how the guiding principles in criminal sentencing varied over time.150 In his review of the historical principles guiding criminal sentencing, Justice Rehnquist started with the Bible before he moved on to the English law and legislative enactments.151 Sometimes, a court quotes the Bible as support for a proposition using a “cf.” as a citation signal. “Cf.” is an abbreviation for the Latin word “confer,” which means “compare.”152 Black’s Law Dictionary states, “As a citation signal, cf. directs the reader’s attention to another authority or section of the work in which contrasting, analogous, or explanatory statements may be found.”153 Such support was used in the United States v. Ryan case by a dissenting judge to interpret the statutory meaning of “the building used . . . in . . . any activity affecting interstate . . . commerce.”154 The dissenting judge argued that the statutory requirement of “activity” was missing in respect to the building in question.155 The dissent cited the Bible, stating, “The building here was just cumbering the ground. Cf. Luke 13:7 (King James). It was not being ‘used’ in any ‘activity.’” 156 The biblical passage cited states: “So he said to the man who took care of the vineyard, ‘For three years now I’ve been coming to look for fruit on this fig tree and haven’t found any. Cut it down! Why should it use up the soil?’”157 The judge used this citation assuming the reader’s familiarity with a biblical passage of this length and on this particular topic, which was listed under the chapter “Repent or Perish” in Luke. This assumption seems to be a long stretch if the extralegal authority was used as an analogy to show that there was no use for the building in question. Another example of the use of a biblical citation with a cf. citation signal is in the Conklin v. Anne Arundel County Bd. of Educ. 149 501 U.S. 808, 827 (1991). 150 Id. at 819. 151 Id. 152 BLACK’S LAW DICTIONARY 243 (8th ed. 2004). 153 Id. 154 41 F.3d 361, 369 (8th Cir. 1994) (Arnold, C.J., dissenting). 155 Id. 156 Id. 157 Luke 13:7 (New International). 58 NEW YORK CITY LAW REVIEW [Vol. 9:31 case.158 Parents of a dyslexic child challenged the county’s program as not being in compliance with the Education of the Handicapped Act.159 In a footnote, discussing the fact that the board took advantage of the child’s temporary progress (which was actually due to private tutoring) to show its compliance with the statute, the court quoted this passage from the Bible when it said: “Annual grade promotion may, as a result, be a reasonable barometer for measuring the progress that this handicapped child can achieve in the coming years. . . . Cf. Matthew 26:52 (King James) (‘[A]ll they that take the sword shall perish with the sword.’).”160 The court took the board’s argument and created a standard to which the board should adhere in the future, consisting of annual grade promotion and additional tutoring provided by the board.161 The court assumed that the reader was familiar with the biblical passage it partially quoted. The passage is part of the chapter on Jesus’s arrest and its idea only becomes clear if one knows its entire context: Then the men stepped forward, seized Jesus and arrested him. With that, one of Jesus’ companions reached for his sword, drew it out and struck the servant of the high priest, cutting off his ear. “Put your sword back in its place,” Jesus said to him, “for all who draw the sword will die by the sword.”162 The fact that judges resort to citing the Bible in support of their arguments shows the privilege that Christianity enjoys in our society. The invisibility of that privilege is enhanced by the judges’ assumptions of their audience’s familiarity with the Bible and by their disregard of the need for a full explanation of a cited source and its relation to the proposition at hand. Courts also use the Bible to explain the origins of a word. For example, in Bok v. McCaughn, the court explained that “[c]harity, derived from the Latin caritas, originally meant love. In the thirteenth chapter of first Corinthians the revised version uses the word ‘love’ in defining the third of the three cardinal virtues, which, in King James’ version read ‘Faith, Hope and Charity.’”163 The term “sodomy” also finds its origin in the Bible, as the court noted in Stone v. Wainwright, citing Genesis 13:13 and 18:20 and quoting Leviticus 18:22: “Thou shalt not lie with mankind, as with womankind: 158 946 F.2d 306 (4th Cir. 1991). 159 Id. at 309. 160 Id. at 315 n.6. 161 Id. 162 Matthew 26:50-52 (New International). 163 42 F.2d 616, 618-19 (3d Cir. 1930). 2005] QUOTING THE BIBLE 59 it is abomination.”164 Similarly, Justice Breyer quoted the Bible to explain the origin of the word “carries” in a drug trafficking case where the statute included the phrase “carries a firearm.”165 Arguing that the word includes “conveyance in a vehicle,” he said, “[t]he greatest of writers have used the word with this meaning. See, e.g., The King James Bible, 2 Kings 9:28 (‘[H]is servants carried him in a chariot to Jerusalem’); id., Isaiah 30:6 (‘[T]hey will carry their riches upon the shoulders of young asses’).”166 The Bible has also been called upon to determine the meaning of seemingly simple words such as “daytime.” In a criminal prosecution, a defendant moved to quash a search warrant because it was not served during daytime as required by law.167 He claimed that the warrant was served at 7:15 p.m. and that the sun set at 6:53 p.m. on that day.168 Before citing Shakespeare, Webster’s Dictionary, and finally federal and state courts, the court resorted to the Bible as its first source of interpretation: “In the Bible, Genesis 1:5, we find ‘And God called the light day and the darkness he called night.’”169 The court dismissed the motion to quash the warrant, concluding that it had no merit because of the general rule that daytime is determined by the presence of light.170 While today’s courts are comfortable using biblical passage as a rule, the courts in the past refrained from actually quoting the Bible. For example, in a famous 1872 case, the Supreme Court held constitutional Illinois’s refusal to admit a woman to practice law, stating, “[t]he paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law of the Creator.”171 The Court did not specify what exact legal source it was referring to when it invoked “the law of the Creator.” 172 Modern courts, however, are more explicit in the invoca- 164 478 F.2d 390, 393 n. 14 (5th Cir. 1973). The text of the cited passages state, “Now the men of Sodom were wicked and were sinning greatly against the LORD,” Genesis 13:13 (New International), and “Then the LORD said, ‘The outcry against Sodom and Gomorrah is so great and their sin so grievous,’” Genesis 18:20 (New International). 165 Muscarello v. United States, 524 U.S. 125, 128-29 (1998). 166 Id. 167 United States v. Liebrich, 55 F.2d 341, 342 (M.D. Pa. 1932). 168 Id. 169 Id. 170 Id. at 343 (stating “it is reasonable to hold that it is daytime for at least thirty minutes after the time when the sun sets, and it is nighttime from then until thirty minutes before the time when the sun rises”). 171 Bradwell v. State, 83 U.S. 130, 141 (1872). 172 Id. 60 NEW YORK CITY LAW REVIEW [Vol. 9:31 tion of biblical passages when formulating rules upon which they decide cases. The Second Circuit, in a suit for a securities violation, discussed the doctrine of “offensive collateral estoppel (more recently called offensive issue preclusion),” pointing to judicial efficiency as a primary “virtue” of the doctrine.173 It then indicated its disadvantage: Its virtues do not come without a price, however. Just as occasionally ‘the race is not to the swift, nor the battle to the strong . . . but time and chance happeneth to them all,’ Ecclesiastes 9:11 (King James ed.), so too the results of an earlier resolution of an issue may simply be wrong.174 Some courts, when formulating standards, go directly to the Bible for support. In a dual adultery divorce suit, the husband filed a counterclaim alleging that the wife’s lesbian relationship constituted adultery.175 The court started its inquiry this way: To better understand the underlying issue it is helpful to briefly review both the legal and social standards and to distinguish between adultery as a crime as opposed to a private civil wrong. The [S]eventh [C]ommandment states that “Thou shall not commit adultery” Exodus 20:14. A biblical definition of “Adultery” is “the lying with a woman married to a husband.” See Deuteronomy 22:22 and Leviticus, 20:10. . . . If a married man be “lying with a woman not betrothed” the biblical crime was fornication and punishment by a fine of 50 shekels of silver. Deuteronomy 22:29 (The commentators generally opine that even the thought of adultery was an offense under the biblical code, an issue which we need not deal with today.)176 After the court quoted the above biblical passages, it proceeded with common law and New Jersey statutory treatment of adultery. Despite announcing that it would review “legal and social standards,” the court started with religious moral authorities on the issue, assuming that religious morality is a synonym for a social standard. These are just some of the various ways in which courts use biblical references in written opinions. The next part of this Article will demonstrate the many different forms in which a particular biblical passage enters judicial opinions. 173 Sec. Exch. Comm’n v. Monarch Funding Corp., 192 F.3d 295, 303 (2d Cir. 1999). 174 Id. at 303-04. See also Liberty Mut. Ins. Co. v. Fag Bearings Corp., 335 F.3d 752, 763 (8th Cir. 2003) (quoting the same biblical passage from Monarch Funding, 192 F.3d at 303-04). 175 S.B. v. S.J.B., 609 A.2d 124, 124 (N.J. Super. Ct. Ch. 1992). 176 Id. at 125. 2005] QUOTING THE BIBLE 61 IV. REFERENCING “NO MAN CAN SERVE TWO MASTERS”177 While the Supreme Court has never cited either Matthew or Luke, federal and state courts prominently do so when using the phrase “no man can serve two masters” to express the rule against an attorney’s dual representation.178 In Hartford Accident & Indemnity Co. v. Foster, a state court invoked the following sources of authority: “The [b]iblical mandate that ‘No man can serve two masters’ has its modern-day application in cases of this nature. See Canon 6, Canons of Professional Ethics, 31 F.S.A.”179 Canon 6 of Professional Ethics, entitled Adverse Influences and Conflicting Interests, imposes a duty on a lawyer to disclose to a client any potential interest that might adversely affect the client.180 Contrary to biblical mandate, Canon 6 does not prohibit a lawyer from representing two clients, but instead permits such representation by express consent of all parties after full disclosure of the facts.181 The invocation of a biblical mandate in this case is unclear because the court held that the insured who was represented by the insurer’s attorney was not harmed by any breach of fiduciary duty in failing to provide information about settlement offers.182 Thus it follows that not only can a man serve two masters, but even when such servitude constitutes a breach of fiduciary duty, the attorney will only be liable when the plaintiff who is suing suffered harm. Some judges are willing to disregard existing legal standards, instead quoting biblical teaching as a primary source of the authority for their decision. In People v. Williams, a case charging a husband and wife for sex offenses upon their minor adopted child, a court held that there was no conflict of interest that would make joint representation of the defendant and codefendant improper. 183 Dissenting in an extensive opinion, Justice Pincham stated: Civilization’s most sacred, learned, dedicated and staunchest advocate of all times, centuries ago, admonished: “No one can serve two masters; for either he will hate the one and love the other, or he will hold to the one and despise the other.” The advocate was the Christ Jesus; the admonition was to his disci- 177 See infra Appendix. 178 See infra Appendix. 179 528 So. 2d 255, 277 (Miss. 1988) (citing Spadaro v. Palmisano, 109 So. 2d 418 (Fla. App. 1959)). 180 CANONS OF PROF’L ETHICS Canon 6 (2004). 181 Id. 182 Foster, 528 So. 2d at 276. 183 538 N.E.2d 564, 566 (Ill. App. Ct. 1989). 62 NEW YORK CITY LAW REVIEW [Vol. 9:31 ples and the multitude during His Sermon on the Mount; the admonition is cited in the most dynamic, accurate and prestigious of all law books, The Holy Bible, at Matthews the 6th Chapter and the 24th Verse.184 After citing the highest authority to support his argument, the dissenting judge then proceeded to cite Canon 5 (5-1, 5-14, 5-15, 5- 17) of The Model Code of Professional Responsibility of the American Bar Association.185 A significant number of cases state that the biblical mandate “no person can serve two masters” is consistent with the Restatement of the Law on Agency and reflects the current legal framework within which courts operate. Contrary to what many judges state in their opinions, however, the Restatement of the Law of Agency does not prohibit dual servitude. The rules regulating the relation of agency explicitly provide that “[a] person may be the servant of two masters, not joint employers, at one time as to one act, if the service to one does not involve abandonment of the service to the other.”186 The comments for this section further elaborate on this issue, allowing for a servant to be employed by joint masters.187 The most important issue in the servant’s relationship with a master is the master’s consent to service188 and not, as the courts suggest, whether there is one or multiple masters. The same is true for the law governing lawyers. The Restatement of the Law Governing Lawyers clearly establishes that a lawyer may not represent a client if the representation involves a conflict of interest189 unless the client consents to such representation.190 Consent, and not the number of clients or masters, is the key element in a lawyer’s representation of a single or multiple clients in civil and criminal litigation.191 Similarly, the ABA Model of Professional Conduct Rule 1.13 allows an attorney to represent an organization and “its directors, officers, employees, members, shareholders or other constituents, subject to the provisions of Rule 1.7.”192 It is also worth noting that the Federal Rules of Civil Procedure include one of the most important rules allowing for 184 Id. at 569 (Pincham, J., dissenting). 185 Id. at 569-570. 186 RESTATEMENT (SECOND) OF AGENCY § 226 (1958). 187 Id. § 226(b). 188 Id. § 221. 189 RESTATEMENT (THIRD) OF THE LAW GOVERNING LAWYERS § 121 (2001). 190 Id. § 122. 191 See id. §§ 128, 129. 192 MODEL RULES OF PROF’L CONDUCT R. 1.13(g) (2004). 2005] QUOTING THE BIBLE 63 multiple representation: Rule 23 governing class action.193 The Restatement of the Law of Agency and the Law Governing Lawyers, together with the ABA Rules of Conduct, represent legal authorities upon which judges should rely. Any extralegal authorities, especially those that conflict with legal standards established by the accepted authoritative legal sources of statutory or common law, are constitutionally suspect and their invocation in judicial opinions is unsound. V. USING OTHER RELIGIOUS REFERENCES While citations to the King James version of the Bible are numerous, courts rarely use other religious authorities. A search for the word “Talmud,” a collection of Jewish civil and canonical laws,194 returns only three results in the Supreme Court cases database in Westlaw: County of Allegheny v. ACLU,195 School District of Abington Township, Pennsylvania. v. Schempp,196 and Permoli v. Municipality No. 1 of New Orleans.197 The word “Torah,” the first five books of the Old Testament, appears only five times in Supreme Court opinions: Board of Education of Kiryas Joel Village School District v. Grumet,198 Lee v. Weisman,199 County of Allegheny v. ACLU,200 Hernandez v. Commissioner of Internal Revenue,201 and Miranda v. Arizona. 202 The word “Halakhah,” a Jewish law book consisting of the 193 FED. R. CIV. P. 23(g). 194 BLACK’S LAW DICTIONARY 1494 (8th ed. 2004). 195 492 U.S. at 583-84 (using the Talmud in describing certain Jewish practices). 196 374 U.S. 203, 273 (1963). “There was ample precedent, too, for Theodore Roosevelt’s declaration that in the interest of ‘absolutely nonsectarian public schools’ it was ‘not our business to have the Protestant Bible or the Catholic Vulgate or the Talmud read in those schools.’” Id. (citation omitted). 197 44 U.S. 589, 604-05 (1845). “In the case of The Commonwealth v. Abram Wolf, 3 Serg. & Rawle, 48, Chief Justice Tilghman affirmed the validity of an ordinance of Philadelphia, imposing a fine for working on a Sunday, against a Jew; though under the teachings of the Jewish Talmud and the Rabbinical Constitutions, the Jew deemed Saturday as the Jewish Sabbath, and felt it both as a privilege and a duty to labour for six days, and to rest on the seventh, or Saturday.” Id. 198 512 U.S. 687, 691 (1994) (part of the facts). 199 505 U.S. 577, 639 (1992) (Scalia, J., dissenting). 200 492 U.S. at 584 n.24. “A Torah scroll—which contains the five Books of Moses—must be buried in a special manner when it is no longer usable. App. 237- 238.” Id. 201 490 U.S. 680, 701 (1989). “We also assume for purposes of argument that the IRS also allows taxpayers to deduct ‘specified payments for attendance at High Holy Day services, for tithes, for torah readings and for memorial plaques.’” Id. (quoting Foley v. Comm’r of Internal Revenue, 844 F.2d 94, 96 (1988)). 202 384 U.S. 436, 458 n.27 (1966). “Thirteenth century commentators found an analogue to the privilege grounded in the Bible. ‘To sum up the matter, the principle that no man is to be declared guilty on his own admission is a divine decree.’ 64 NEW YORK CITY LAW REVIEW [Vol. 9:31 Torah and the law instituted by the rabbi, appears in only one opinion: Garrity v. New Jersey.203 The Supreme Court used the words “Koran,” “Kuran,” “Qur’an,” or “Qor’an,” a Muslim book of revelations, in Zelman v. Simmons-Harris,204 O’Lone v. Estate of Shabazz,205 Clay v. United States,206 and Lemon v. Kurtzman.207 The Book of Mormon, a Mormon scripture, is cited in two decisions: Zelman v. Simmons-Harris208 and Hernandez v. Commissioner of Internal Revenue.209 Statistical evidence demonstrates that the appearance of references from Jewish or Muslim religious authorities is rare. Federal and U.S. Supreme Court case law mentions “Talmud” in 63 cases, “Torah” in 155 and “Halakhah” in 4 cases.210 The same search in the state case law database produces “Talmud” in 151 cases, “Torah” in 306 cases, and “Halakhah” in 2 cases, a pale comparison with the words “King James,” which produce 599 cases in state case law, and the word “Bible,” which is not possible to search due to an extremely high number of cases in which it appears.211 The various versions of the word “Koran” produce 499 cases in federal law and 349 cases in state law, but in most of those cases the word actually appears as a personal name.212 One needs go no farther than statistical data to conclude that the Bible is by far the most bellowed religious authority that judges use in their decision-making process and their written opinions. The apparent disparity in the use of different religious sources re- Maimonides, Mishneh Torah (Code of Jewish Law), Book of Judges, Laws of the Sanhedrin, c. 18, ¶ 6, III Yale Judaica Series 52-53.” Id. 203 385 U.S. 493, 497 n.5 (1967) (comparing Jewish law with the Fifth Amendment). 204 536 U.S. 639, 713 n.24 (2002) (quoting the New Testament, the Book of Mormon, the Pentateuch, and the Koran). 205 482 U.S. 342, 345 (1987). “Jumu’ah is commanded by the Koran and must be held every Friday after the sun reaches its zenith and before the Asr, or afternoon prayer. See Koran 62:9-10; Brief for Imam Jamil Abdullah Al-Amin et al. as Amici Curiae 18-31.” Id. 206 403 U.S. 698, 708 n.2, 709 (1971) (quoting the Koran 61:10-13 to define “jihad as an injunction to the believers to war against non-believers”). 207 403 U.S. 602, 630-31 (1971) (Douglas, J., concurring). “The advantages of sectarian education relate solely to religious or doctrinal matters. They give the church the opportunity to indoctrinate its creed delicately and indirectly, or massively through doctrinal courses. Many nations follow that course: Moslem nations teach the Koran in their schools . . . .” Id. 208 Zelman, 536 U.S at 713 n.24. 209 490 U.S. at 709. 210 Westlaw search performed on February 10, 2006. 211 Westlaw search performed on February 10, 2006. 212 Westlaw search performed on February 10, 2006. 2005] QUOTING THE BIBLE 65 affirms the privileged status that Christianity enjoys in the United States. It is a constant reminder of the composition of the judiciary and the lack of diversity that contributes to the ongoing proliferation of the use of biblical references by the courts. CONCLUSION Language analysts recognize that the Bible had a substantial impact on standard English language.213 Many biblical passages, having been read at home and in church for generations, entered the popular linguistic milieu of the majority of Americans. However, not all of them became independent lexical units: A usage has to have achieved some degree of linguistic autonomy; it must be capable of being meaningful outside of its original biblical context, usable by English speakers who do not read (or even know) the Bible as well as those who do. (The same point applies to expressions derived from Shakespeare or any other author.) . . . A usage that does not meet this criterion is really only a quotation.214 One of the standard English expressions derived from the King James version of St. Matthew’s Gospel is, “No man can serve two masters.”215 However, courts continue to quote the Bible when referring to this expression. The variety of ways in which courts use biblical passages from Matthew and Luke is impressive.216 If the biblical passage that “no man can serve two masters” is part of folk wisdom, there would seem to be no need to quote the Bible. If, on the other hand, it is important to cite the ultimate source of this proverb, referencing the Bible seems logical. While this biblical quotation and citation to Matthew or Luke by courts may be trivial, the continuous use of the Bible by judges to support their arguments in written opinions is unjustified and should be barred. The Bible contains many passages as simple as the one above, but the scope of their impact on decision-making is impermissibly broad, including such decisions as life or death in capital cases. The arbitrariness of judicial choice to use some biblical passages as traditional folk expressions and to quote others as authoritative sources 213 CRYSTAL, supra note 71, at 274. See also Ashburn, supra note 2, at 343-47 (citing examples of courts using aphorisms from Jewish law). 214 CRYSTAL, supra note 71, at 276. “The King James Bible . . . has contributed far more to English in the way of idiomatic or quasi-proverbial expressions than any other literary source. . . . Matthew’s Gospel alone, for example, yields over forty locutions which, directly or indirectly, are part of Modern English.” Id. 215 Id. at 277. 216 See infra Appendix. 66 NEW YORK CITY LAW REVIEW [Vol. 9:31 is analogous to the arbitrariness in which some biblical passages entered the everyday speech.217 Additionally, the use of the same biblical passage as a folk expression by some courts and as a biblical quote by the others creates a sense of arbitrariness and subjectivity, bringing into question judicial impartiality. The use of religious references in judicial decision-making is not rare and cannot be underestimated. The numerous ways in which the Bible finds its way into judicial opinions are a direct result of judges’ willingness to disregard the rules of judicial conduct and apparent constitutional violations stemming from such misuse. Since there is no bright line between a common expression such as “eye for eye, tooth for tooth”218 and the biblical mandate “[i]f anyone takes the life of a human being, he must be put to death,”219 courts should never use either text, especially not during a sentencing phase. Courts should be prohibited from using religious references in judicial decision-making because any reliance on extralegal sources of authority is contrary to the basic principles of the American justice system. Using religious references in judicial opinions is an impermissible exercise of a privilege that coerces the minority to accept the norms of the majority. Whether disguised as morals, proverbs, principles, tradition, or history, religious references undermine judicial integrity and impartiality. Long ago, Justice Holmes expressed one of the most creative ideas in respect to delineating morality and law. Although his idea may sound radical today to moderate and conservative proponents of the use of religion in decision-making, it is one that should resonate with any person who is genuinely concerned with the American justice system: For my own part, I often doubt whether it would not be a gain if every word of moral significance could be banished from the law altogether, and other words adopted which should convey legal ideas uncolored by anything outside the law.220 217 See CRYSTAL, supra note 71, at 278. What is really intriguing, of course, is why some expressions entered English in this way, and others did not. Why did such similes as wise as serpents or harmless as doves ([Matthew] 10:16) not become everyday phrases? As always, when we consider lexical innovation, the bigger puzzle is to explain why so many apparently vivid or useful items did not appeal. Id. See also BARTH D. EHRMAN, MISQUOTING JESUS: THE STORY BEHIND WHO CHANGED THE BIBLE AND WHY (2005) (discussing intentional and accidental alterations of the Bible made by translators throughout history). 218 Leviticus 24:20 (New International). 219 Leviticus 24:17 (New International). 220 Holmes, The Path of the Law, supra note 128, at 464. 2005] QUOTING THE BIBLE 67 APPENDIX CASES USING “NO MAN CAN SERVE TWO MASTERS”221 “No one can serve two masters. Either he will hate the one and love the other, or he will be devoted to the one and despise the other. You cannot serve both God and Money.” Matthew 6:24 (New International). “No servant can serve two masters. Either he will hate the one and love the other, or he will be devoted to the one and despise the other. You cannot serve both God and Money.” Luke 16:13 (New International). Terms Used by Courts to Refer to “No Man Can Serve Two Masters” Admonition Familiar scriptural quotation Ancient admonition Fundamental law Ancient axiom Fundamental rule Ancient injunction Fundamental truth Ancient maxim Fundamental proposition Ancient principle General rule Ancient truth General principle Authority of Holy Writ Good Authority Authoritative declaration Gospel Axiom Hallowed petition Biblical admonition High authority Biblical advice Highest Authority has said Biblical expression Infallible declaration Biblical doctrine Biblical mandate Infallible truth Biblical quote Injunction Biblical teaching Jesus said Christ said Law for two thousand years Christian morality Legal maxim Centuries-old scriptural passage Maxim Common experience Moral maxim Declaration Moral rule Divine declaration Old adage Divine injunction Old as Holy Writ Divine precept Old principle Doctrine of the Holy Writ Old proverb Divine saying Philosophy Eternal truth Philosophy of the Galilean Expression Phrase from the Bible Fact Principle 221 Westlaw search performed on February 10, 2006 using a sesarch phrase “can serve two masters.” 68 NEW YORK CITY LAW REVIEW [Vol. 9:31 Proposition of the Highest and best Scriptural references authority Scriptural teaching Proverb Statement Public policy rule Theory Quoted from the Bible Truth Rule Truth of the biblical admonition Rule of the moral law Truth of the Scriptural injunction Rule of law Unanimous verdict of mankind Saying Universal moral rule Scriptural maxim Utterance of the divine Nazarene Scriptural pronouncement Very high authority has said Scriptural quotation Wisdom of the ages SUPREME COURT CASES NLRB v. Health Care & Ret. Corp. of Am., 511 U.S. 571, 595 n.14 (1994) (Ginsburg, J., dissenting) (“No man can serve two masters. If you are negotiating a contract, a lawyer does not represent both clients. That is all that is involved here.”) Sec. & Exch. Comm’n v. Capital Gains Research Bureau, Inc., 375 U.S. 180, 197 n.50 (1963) (Justice Goldberg quoting from United States v. Miss. Valley Generating Co., 364 U.S. 520, 550 n.14 (1961)) United States v. Miss. Valley Generating Co., 364 U.S. 520, 550 n.14 (1961) (Warren, J.) (“The reason of the rule inhibiting a party who occupies confidential and fiduciary relations toward another from assuming antagonistic positions to his principal in matters involving the subject matter of the trust is sometimes said to rest in a sound public policy, but it also is justified in a recognition of the authoritative declaration that no man can serve two masters; and considering that human nature must be dealt with, the rule does not stop with actual violations of such trust relations, but includes within its purpose the removal of any temptation to violate them.” (quoting Mich. Steel Box Co. v. United States, 49 Ct. Cl. 421, 439 (1914))) Supreme Lodge Knights of Pythias v. Withers, 177 U.S. 260, 269 (1900) (Brown, J.) (“But if the insured is to be now bound as having thus contracted, there must be mutuality in the contract. No man can serve two masters.”) 2005] QUOTING THE BIBLE 69 CITING TO MATTHEW Federal Court Cases Freund v. Butterworth, 117 F.3d 1543, 1572 n.67 (11th Cir. 1997) United States v. Mett, 65 F.3d 1531, 1538 (9th Cir. 1995) Sanjour v. EPA, 56 F.3d 85, 100-01 (D.C. Cir. 1995) Chapman v. Klemick, 3 F.3d 1508, 1512 (11th Cir. 1993) Sanjour v. EPA, 984 F.2d 434, 447 (D.C. Cir. 1993) United States v. $124,570 U.S. Currency, 873 F.2d 1240, 1247 (9th Cir. 1989) United States v. Gambino, 864 F.2d 1064, 1074-1075 n.1 (3d Cir. 1988) U.S. Fid. & Guar. Co. v. Louis A. Roser Co., 585 F.2d 932, 938 n.5 (8th Cir. 1978) Cinema 5, Ltd. v. Cinerama, Inc., 528 F.2d 1384, 1386 (2d Cir. 1976) Phelan v. Middle States Oil Corp., 220 F.2d 593, 619 (2d Cir. 1955) Armstrong Cleaners, Inc. v. Erie Ins. Exch., 364 F.Supp. 2d 797, 815 (S.D. Ind. 2005) Rocchigiani v. World Boxing Counsel, 82 F.Supp. 2d 182, 189 (S.D.N.Y. 2000) Union Ins. Co. v. Knife Co., 902 F. Supp. 877, 881 (W.D. Ark. 1995) ESM Gov’t. Sec., Inc. v. ESM Group, Inc. 66 B.R. 82, 84 (S.D. Fla. 1986) United States v. Bergmann, 47 F. Supp. 765, 767 (S.D. Cal. 1942) In re BH & P, Inc., 103 B.R. 556, 560 (Bankr. D.N.J. 1989) In re Tampa Chain Co., 35 B.R. 568, 579 n.10 (Bankr. S.D.N.Y. 1983) United States v. Short, 50 M.J. 370, 374 (C.A.A.F. 1999) (phrase from the Bible) 70 NEW YORK CITY LAW REVIEW [Vol. 9:31 United States v. Nabisco, Inc., 117 F.R.D. 40, 44-45 (E.D.N.Y. 1987) Kamean v. Local 363, 109 F.R.D. 391, 396 (S.D.N.Y. 1986) United States v. Agosto, 528 F. Supp. 1300, 1310 (D. Minn. 1981) United States v. Garafola, 428 F. Supp. 620, 621 (D.N.J. 1977) (Biblical teaching) Vance Trucking Co. v. Canal Ins. Co., 249 F. Supp. 33, 38 n.2 (D.S.C. 1966) United States v. Kawakita, 96 F. Supp. 824, 836 (S.D. Cal. 1950) State Court Cases Office of Consumer Counsel v. Conn. Dep’t of Pub. Util. Control, No. CV020513718S, 2002 WL 31319517, at *3 (Conn. Super. Ct. Sept. 24, 2002) Wis. Patients Comp. Fund v. Physicians Ins. Co. of Wis., 620 N.W.2d 457, 461-62 (Wis. Ct. App. 2000) Aluminum Co. of Am. v. Aetna Cas. & Sur. Co., 998 P.2d 856, 877 (Wash. 2000) State Farm Mut. Auto. Ins. Co. v. Traver, 980 S.W.2d 625, 634 (Tex. 1998) In re Estate of Koch, 849 P.2d 977, 993 (Kan. Ct. App. 1993) Geauga County Bar Ass’n. v. Psenicka, 577 N.E.2d 1074, 1074 (Ohio 1991) Friends of La Vina v. County of L.A., 284 Cal. Rptr. 171, 178 n.1 (Ct. App. 1991) (Gates, Acting P.J., dissenting) Ex parte Weaver, 570 So.2d 675, 682 (Ala. 1990) J.K. & Susie L. Wadley Research Inst. & Blood Bank v. Morris, 776 S.W.2d 271, 284 (Tex. Ct. App. 1989) People v. Williams, 538 N.E.2d 564, 569 (Ill. App. Ct. 1989) (admonition) Collins v. Citizens & S. Trust Co., 373 S.E.2d 612, 617 (Ga. 1988) 2005] QUOTING THE BIBLE 71 Swartz v. State, 429 N.W.2d 130, 132 (Iowa 1988) SHV Coal, Inc. v. Cont’l Grain Co., 545 A.2d 917, 921 (Pa. Super. Ct. 1988) Brickner v. Normandy Osteopathic Hosp., Inc., 746 S.W.2d 108, 113 (Mo. Ct. App. 1988) Jim Royer Realty, Inc. v. Moreira, 363 S.E.2d 10, 12 (Ga. Ct. App. 1988) Pearl River Valley Water Supply Dist. v. Hinds County, 445 So.2d 1330, 1356 n.25 (Miss.1984) In re Conduct of Samuels and Weiner, 674 P.2d 1166, 1171 (Or. 1983) Webb v. State, 433 So.2d 496, 499 (Fla. 1983) Ellis v. Flink, 374 So.2d 4, 5 n.4 (Fla. 1979) Conn. Comm’n on Special Revenue v. Conn. Freedom of Info. Comm’n, 387 A.2d 533, 537 (Conn. 1978) Harford County v. Tatar, Lininger, Clark & Wood, Inc., 363 A.2d 501, 505 (Md. 1976) In re Runals’ Estate, 328 N.Y.S.2d 966, 978 (Sur. Ct. 1972) Onorato v. Wissahickon Park, Inc., 244 A.2d 22, 25 (Pa. 1968) Spratlin, Harrington & Thomas, Inc. v. Hawn, 156 S.E.2d 402, 407 (Ga. Ct. App. 1967) (Biblical expression) State v. 62.96247 Acres of Land, More or Less, in New Castle, 193 A.2d 799, 806 n.7 (Del. Super. Ct. 1963) State v. Brewer, 129 S.E.2d 262, 277 (N.C. 1963) Martin v. Hieken, 340 S.W.2d 161,165 (Mo. Ct. App. 1960) Hughes v. Robbins, 164 N.E.2d 469, 473 (Ohio Ct. Com. Pl. 1959) (“It has been well written that ‘no servant can serve two masters, for either he will hate the one and love the other, or else he will hold to the one and despise the other.’”) 72 NEW YORK CITY LAW REVIEW [Vol. 9:31 Powers v. Johnson, 306 S.W.2d 616, 624 (Mo. Ct. App. 1957) Fruchtl v. Foley, 84 So.2d 906, 909 (Fla. 1956) (admonition) Lexington Insulation Co. v. Davidson County, 90 S.E.2d 496, 498 (N.C. 1955) City of Miami v. Benson, 63 So.2d 916, 920 (Fla. 1953) Ridgway v. Super. Ct. of Yavapai, 245 P.2d 268, 271 (Ariz. 1952) Safeway Stores v. Retail Clerks Int’l Ass’n, 234 P.2d 678, 682 (Cal. Dist. Ct. App. 1951) State ex rel. Young v. Niblack, 99 N.E.2d 839, 845 (Ind. 1951) Bossler v. Wilson, 65 Pa. D. & C. 164, 171 (Phila. Mun. Ct. 1949) City of Jackson v. McLeod, 24 So.2d 319, 325 (Miss. 1946) (“The public interest requires the undivided loyalty of police officers to the public service and we were told long ago by One whose judgment was infallible that ‘no man can serve two masters; for either he will hate the one and love the other, or else he will hold to the one and despise the other.’”) Barr v. Sun Life Assurance Co. of Can., 200 So. 240, 244 (Fla. 1941) Century Indem. Co. v. Carnes, 138 S.W.2d 555, 560 (Tex. Civ. App. 1940) Moffett Bros. P’ship Estate v. Moffett, 137 S.W.2d 507, 511 (Mo. 1939) Caudle v. Sears, Roebuck & Co., 182 So. 461, 464 (Ala. 1938) Whitlow v. Patterson, 112 S.W.2d 35, 41 (Ark. 1937) (“No man can serve two masters; for either he will hate the one, and love the other; or else he will hold to the one and despise the other.”) Hood ex rel. N.C. Bank & Trust v. N.C. Bank & Trust, 184 S.E. 51, 62 (N.C. 1936) Olson v. Gaddis Inv. Co., 39 P.2d 744, 747 (Utah 1935) City of Leesburg v. Ware, 153 So. 87, 89 (Fla. 1934) 2005] QUOTING THE BIBLE 73 State ex rel. Union Elec. Light & Power Co. v. Pub. Serv. Comm’n, 62 S.W.2d 742, 746 (Mo. 1933) Harris v. United Serv. Co., 32 S.W.2d 618, 619 (Ark. 1930) (general principle) Robson v. Hahn, 277 P. 507, 508 (Cal. Dist. Ct. App. 1929) Schwartzman v. London & Lancashire Fire Ins. Co. of Liverpool, Eng., 2 S.W.2d 593, 602 (Mo. 1927) Castellanos v. Castro, 289 S.W. 104, 105 (Tex. Civ. App. 1926) (“It was said by the Great Teacher that ‘no man can serve two masters . . . .’”) Rezos v. Zahm & Nagel Co., 246 P. 564, 565 (Cal. Dist. Ct. App. 1926) Carolina Bagging Co. v. Byrd, 116 S.E. 90, 92 (N.C. 1923) Hume v. Baggett & Baggett, 221 S.W. 1002, 1003 (Tex. Civ. App. 1920) (“This rule of law not only rests on an understanding of human nature but on the utterance of the Divine Nazarene, when he said: ‘No man can serve two masters; for either he will hate the one and love the other; or else he will hold to the one, and despise the other.’”) Murray v. Lizotte, 77 A. 231, 238 (R.I. 1910) (“No matter how high his motives or how honorable his intention, ‘no man can serve two masters; for either he will hate the one, and love the other; or he will hold to the one, and despise the other.’”) Shamokin Mfg. Co. v. Ohio German Fire Ins. Co., 39 Pa. Super. 553, 556 (Super. Ct. 1908) (“It involves a question whether the same person may be an agent in a private transaction for both parties, without the consent of both, so as to entitle him to compensation from both or either. We have the authority of Holy Writ for saying that ‘no man can serve two masters; for either he will hate the one and love the other, or else he will hold to the one and despise the other.’ All human experience sanctions the undoubted truth and purity of this philosophy, and it is received as a cardinal principle in every system of enlightened jurisprudence.“) U.S. Tel. Co. v. Middlepoint Home Tel. Co., 19 Ohio Dec. 202, 208 (Ct. Com. Pl. 1908) (“It is as true today as when first spoken in the 74 NEW YORK CITY LAW REVIEW [Vol. 9:31 parable, and has become a fundamental rule that ‘No servant can serve two masters; for either he will hate the one and love the other; or else he will hold to the one and despise the other.’”) Gann v. Zettler, 60 S.E. 283, 283 (Ga. Ct. App. 1908) (Powell, J.) (“It is recorded of Him ‘who spake as never man spoke’ that, ‘seeing the multitudes, he went up into a mountain, and when he was set his disciples came unto him; and he opened his mouth and taught them; saying: “No man can serve two masters; for either he will hate the one and love the other, or else he will hold to the one and despise the other.”’ So, also, is our law. Whoso, having undertaken the service of his master, counsels with another and agrees also to serve him in those same things wherewith he has been trusted, cannot claim the reward promised by his master unless he makes it plain that he has not acted privily, but that his master was consenting thereto.” (internal citations omitted)) City of Philadelphia v. Durham, No. 1, 1907 WL 3343, at *13 (Pa. Ct. Com. Pl. Jan. 30, 1907) (“We have the authority of Holy Writ for saying that ‘no man can serve two masters; for either he will hate the one and love the other, or else he will hold to the one and despise the other.’ All human experience sanctions the undoubted truth and purity of this philosophy, and it is received as a cardinal principle in every system of enlightened jurisprudence.”) McDowell v. First Nat’l Bank of Sutton, 102 N.W. 615, 617 (Neb. 1905) Nat’l Tube Co. v. Eastern Tube Co., 13 Ohio Cir. Dec. 468 (Cir. Ct. 1902) Home Bldg. & Loan Ass’n v. Evans, 53 S.W. 1104, 1105 (Tenn. Ct. Ch. App. 1899) Moore v. Grow, 1 Pa. Super. 125, 127 (Super. Ct. 1896) Northrup v. Phillips, 99 Ill. 449, 454 (1881) Dickson v. People ex rel. Brown, 17 Ill. 191, 193 (1855) CITING TO LUKE State Court Cases Nationwide Mut. Fire Ins. Co. v. Bourlon, 617 S.E.2d 40, 60 (N.C. Ct. App. 2005) 2005] QUOTING THE BIBLE 75 Barefield v. DPIC Cos., 600 S.E.2d 256, 281 (W. Va. 2004) Rose ex rel. Rose v. St. Paul Fire & Marine Ins. Co., 599 S.E.2d 673, 688 (W. Va. 2004) People v. Graham, 794 N.E.2d 231, 236 (Ill. 2003) Myer v. Preferred Credit, Inc., 117 Ohio Misc. 2d 8, 24 (Ct. Com. Pl. 2001) State v. Reddick, 534 S.E.2d 473, 477 (Ga. Ct. App. 2000) Brooks v. Zebre, 792 P.2d 196, 200 (Wyo. 1990) Watkins v. Floyd, 492 S.W.2d 865, 870 (Mo. Ct. App. 1973) Wise v. S. Pac. Co., 77 Cal. Rptr. 156, 160 (Ct. App. 1969) Pac. Indem. Co. v. Indus. Accident Comm’n, 81 P.2d 572, 575 (Cal. Ct. App. 1938) Smith v. Harvey-Given Co., 185 S.E. 793, 796 (Ga. 1936) Jordan v. Austin Sec. Co., 51 P.2d 38, 58 (Kan. 1935) State v. Gautier, 147 So. 240, 246 (Fla. 1933) Never Fail Land Co. v. Cole, 149 S.E. 585, 588 (N.C. 1929) Patterson v. De Haven, 263 P. 568, 572 (Cal. Dist. Ct. App. 1928) Chippewa Power Co. v. R.R. Comm’n of Wis., 205 N.W. 900, 902 (Wis. 1925) Reserve Loan Life Ins. Co. v. Phillips, 119 S.E. 315, 317 (Ga. 1923) Pagel v. Creasy, 6 Ohio App. 199, 206 (Ct. App. 1916) McCudden v. Brockmeyer, 26 Ohio Dec. 432, 436 (Ct. Com. Pl. 1915) Carr v. Ubsdell, 71 S.W. 112, 113 (Mo. Ct. App. 1902) Bell v. McConnell, 37 Ohio St. 396, 399 (1881) 76 NEW YORK CITY LAW REVIEW [Vol. 9:31 NO QUOTATION MARKS Federal Court Cases United States v. Freyer, 333 F.3d 110, 112 (2d Cir. 2003) (no lawyer can serve two masters) United States v. Levine, 794 F.2d 1203, 1205 (7th Cir. 1986) Ottawa Tribe v. United States, 166 Ct. Cl. 373, 379 (Ct. Cl. 1964) (gospel) Speeter v. United States, 42 F.2d 937, 940 (8th Cir. 1930) (old principle) Parkerson v. Borst, 264 F. 761, 765 (5th Cir. 1920) (scriptural maxim) United States v. Krafft, 249 F. 919, 928 (3d Cir. 1918) Curved Electrotype Plate Co. of N.Y. v. United States, 50 Ct. Cl. 258, 272 (Ct. Cl. 1915) (authoritative declaration) Crites, Inc., v. Prudential Ins. Co. of Am., 134 F.2d 925, 927 (6th Cir. 1943) (principle) Rankin v. United States, 98 Ct. Cl. 357, 367 (Ct. Cl. 1943) (authoritative declaration) Mich. Steel Box Co. v. United States, 49 Ct. Cl. 421, 439 (Cl. Ct. 1914) (authoritative declaration) Bramhall v. United States, 4 Ct. Cl. 51, 59 (Cl. Ct. 1868) Klein v. Miller, No. Civ.A.SA-02-CA-687FB, 2004 WL 1118725, at *10 (W.D. Tex. Mar. 30, 2004) (biblical advice) Costa v. U.S. Dep’t of Veteran’s Affairs, 845 F. Supp. 64, 69 (D.R.I. 1994) (biblical advice) Overfield v. Pennroad Corp., 42 F. Supp. 586, 608 (E.D. Pa. 1941) In re Int’l Match Corp., 20 F. Supp. 420, 422 (S.D.N.Y. 1937) (truth of the biblical admonition) John Conlon Coal Co. v. Westchester Fire Ins. Co. of N.Y., 16 F. Supp. 93, 95 (M.D. Pa. 1936) (principle) 2005] QUOTING THE BIBLE 77 Marshall v. Lovell, 11 F.2d 632, 639 (D. Minn. 1926) Brookings State Bank v. Federal Reserve Bank of S.F., 281 F. 222, 228 (D. Or. 1922) Brookings State Bank v. Federal Reserve Bank of S.F., 277 F. 430, 432 (D. Or. 1921) Brown v. Pa. Canal Co, 229 F. 444, 452 (E.D. Pa. 1916) In re Va. Hardwood Mfg. Co., 139 F. 209, 218 (W.D. Ark. 1905) Farmers’ Loan & Trust Co. v. Winona & Sw. Ry. Co., 59 F. 957, 961 (C.C.D. Minn. 1893) Putnam v. Commonwealth Ins. Co., 4 F. 753, 760 (C.C.N.D.N.Y. 1880) In re Tinley Plaza Assocs., 142 B.R. 272, 279 (Bankr. N.D. Ill.1992) In re Huddleston, 120 B.R. 399, 401 (Bankr. E.D. Tex.1990) United States v. Hubbard, 43 C.M.R. 322, 325 (C.M.A. 1971) (truth of the Scriptural injunction) Midwest Farmers v. United States, 64 F. Supp. 91, 102 (D. Minn. 1945) State Court Cases People v. Hardin, 840 N.E.2d 1205, 1212 (Ill. 2005) Coronado v. Schoenmann Produce Co., 99 S.W.3d 741, 753-55 (Tex. Ct. App. 2003) State ex rel. S.G., 814 A.2d 612, 616 (N.J. 2003) Barrett v. Union Twp. Comm., 553 A.2d 62, 65 (N.J. Super. Ct. App. Div. 1989) (moral rule) Siegman v. Bd. of Educ., 477 N.E. 2d 241, 243 (Ill. App. Ct. 1985) Copple v. City of Lincoln, 274 N.W.2d 520, 526 (Neb. 1979) Pa. Labor Relations Bd. v. E. Lancaster County Sch. Dist., 1973 WL 16227, at *3 (Pa. Ct. Com. Pl. May 18, 1973) (fundamental truth) 78 NEW YORK CITY LAW REVIEW [Vol. 9:31 City of Montgomery v. Brendle Fire Equip., Inc., 279 So.2d 480, 486 (Ala. 1973) Procidano v. Mautner, 335 N.Y.S.2d 17, 24 (N.Y. Civ. Ct. 1972) St. Paul at Chase Corp. v. Mfrs. Life Ins. Co., 278 A.2d 12, 25 (Md. 1971) Bd. of Educ. v. Wilton, 273 A.2d 44, 50 (N.J. 1971) Caddie v. Warden, Md. Correctional Inst., 238 A.2d 129, 129 (Md. Ct. Spec. App. 1968) (theory) Hasbrouck v. Rymkevitch, 268 N.Y.S.2d 604, 606 (App. Div. 1966) Commonwealth ex rel. Whitling v. Russell, 176 A.2d 641, 643 (Pa. 1962) Van Dyke v. White, 349 P.2d 430, 437 (Wash. 1960) Md. Credit Finance Corp. v. Hagerty, 139 A.2d 230, 233 (Md. 1958) Jedwabny v. Phila. Transp. Co., 135 A.2d 252, 255 (Pa. 1957) (scriptural references) Coble v. Econ. Forms Corp. 304 S.W.2d 47, 51 (Mo. Ct. App. 1957) Aldom v. Borough of Roseland, 127 A.2d 190, 194 (N.J. Super. Ct. App. Div. 1956) (moral rule) Jersey City v. Hague, 115 A.2d 8, 13 (N.J. 1955) Henshie v. McPherson & Citizens State Bank, 280 P.2d 937, 947 (Kan. 1955) In re Ridgely, 106 A.2d 527, 530 (Del. 1954) (injunction) Cornale v. Stewart Stamping Corp., 129 N.Y.S.2d 808, 814 (Sup. Ct. 1954) Shernoff v. Schimel, 112 N.Y.S.2d 333, 347 (Sup. Ct. 1952) Klein v. Twentieth Century-Fox Int’l Corp., 108 N.Y.S.2d 767, 768 (Sup. Ct. 1951) (fact) State ex inf. Taylor v. Cumpton, 240 S.W.2d 877, 884-85 (Mo. 1951) 2005] QUOTING THE BIBLE 79 Petition of Topham, 58 Pa. D. & C. 649, 654 (Ct. Com. Pl. 1947) Nagel v. Todd, 45 A.2d 326, 328 (Md. 1946) City of Lincoln v. First Nat’l Bank of Lincoln, 19 N.W.2d 156, 159 (Neb. 1945) (moral rule) Alabama State Fed’n of Labor v. McAdory, 18 So.2d 810, 829 (Ala. 1944) Phillips v. Phillips, 13 So.2d 922, 923 (Fla. 1943) Almon v. Am. Carloading Corp., 38 N.E.2d 362, 363-64 (Ill. App. Ct. 1941) (rule of law) Cowan v. Hamilton Nat’l Bank, 146 S.W.2d 359, 362 (Tenn. 1941) Jarrett v. French & Co., 3 N.Y.S.2d 227, 228 (App. Div. 1938) (theory) Valley & Siletz R.R. Co. v. Thomas, 48 P.2d 358, 383 (Or. 1935) Beatty v. Employers’ Liab. Assurance Corp., 168 A. 919, 924 (Vt. 1933) Greenfield v. Bausch, 263 N.Y.S. 19, 21 (App. Div. 1933) (fact) Elco Shoe Mfrs. v. Sisk, 183 N.E. 191, 191-92 (N.Y. 1932) Kane v. McClenachan, 159 A. 61, 64 (Pa. Super. Ct. 1932) Pac. Fin. Corp. v. City of Lynwood, 300 P. 50, 53 (Cal. Dist. Ct. App. 1931) (principle) New England Oil Ref. Co. v. Can. Mex. Oil Co., 174 N.E. 330, 337 (Mass. 1931) Terrell v. Town of Tempe, 274 P. 786, 788 (Ariz. 1929) Lucas Realty Co. v. Franks, 6 S.W.2d 273, 274 (Ky. 1928) Eastham v. Stumbo, 279 S.W. 1109, 1110 (Ky. 1926) C.M. Condon & Co. v. Richardson, 232 P. 1070, 1071 (Kan. 1925) De Crette v. Mohler, 127 A. 639, 642 (Md. 1925) 80 NEW YORK CITY LAW REVIEW [Vol. 9:31 Smith v. Ward, 197 N.W. 684, 685 (S.D. 1924) Williams v. Bolling, 121 S.E. 270, 273 (Va. 1923) Grady v. Pink Hill Bank & Trust Co., 113 S.E. 667, 669 (N.C. 1922) In re Moses, 195 N.Y.S. 358, 360 (App. Div. 1922) (old as Holy Writ) Meeks v. Fink, 89 So. 543, 544 (Fla. 1921) Wilson v. S. Pac. Land Co., 46 Cal. App. 738, 745 (Ct. App. 1920) Clarksburg Light & Heat Co. v. Pub. Serv. Comm’n, 100 S.E. 551, 555 (W. Va. 1919) State v. Nichols, 166 N.W. 813, 813 (N.D. 1918) Southampton Twp. v. Johnson, No. 3, 1916 WL 4261, at *1 (Pa. Ct. Com. Pl. Jan. 17, 1916) Schenectady Illuminating Co. v. Bd. of Supervisors, 151 N.Y.S. 830, 831 (Sup. Ct. 1914) Hirsh v. Twyford, 139 P. 313, 316 (Okla. 1913) Norbeck & Nicholson Co. v. State, 142 N.W. 847, 852 (S.D. 1913) (fundamental proposition) City of Minneapolis v. Canterbury, 142 N.W. 812, 814 (Minn. 1913) Hill v. Whiteside, 85 A. 425, 425 (Pa. 1912) Bell v. Riggs, 127 P. 427, 430 (Okla. 1912) (high authority) Langford v. Issenhuth, 134 N.W. 889, 894 (S.D. 1912) (fundamental law) Salene v. Queen City Fire Ins. Co. of Sioux Falls, 116 P. 1114, 1115 (Or. 1911) (principle) Cobe v. Coughlin Hardware Co., 112 P. 115, 117 (Kan. 1910) Mitchell v. Schreiner, 1910 WL 4143, at *1 (Pa. Super. Ct. 1910) (quoted from the Bible) Lightcap v. Nicola, 34 Pa. Super. 189, 202 (Super. Ct. 1907) 2005] QUOTING THE BIBLE 81 Harper v. Fidler, 78 S.W. 1034, 1035 (Mo. Ct. App. 1904) (authoritative declaration) Hier v. Miller, 75 P. 77, 77 (Kan. 1904) Edwards v. Home Ins. Co., 73 S.W. 881, 885 (Mo. Ct. App. 1902) In re Reifschneider, 69 N.Y.S. 1069, 1074 (App. Div. 1901) Murphy v. Indep. Order of Sons & Daughters of Jacob of Am., 27 So. 624, 625 (Miss. 1900) McFarland v. Gordon, 41 A. 507, 508 (Vt. 1898) Delaware, L. & W. R. Co. v. Hardy, 34 A. 986, 987 (N.J. 1896) Shepard v. Hill, 34 P. 159, 160 (Wash. 1893) State v. Hastings, 55 N.W. 774, 789 (Neb. 1893) Huggins Cracker & Candy Co. v. People’s Ins. Co., 41 Mo. App. 530, 541 (1890) (authoritative declaration) Whited v. Germania Fire Ins. Co., 76 N.Y. 415, 420 (1879) Roll v. Riddle, 5 Ohio Dec. Reprint 232, 655 (Super. Ct. 1874) Ex rel. Dawson, 39 Ala. 367, 404 (1864) In re Miller, 30 Pa. 478, 494 (1858) Laight St. Baptist Church v. Noe, 12 How. Pr. 497, 497 (N.Y. Sup. Ct. 1855) Buckles v. Lafferty’s Legatees, 41 Va. (2 Rob.) 292, 302 (1843) Gayden v. Gayden, 1842 WL 2414, at *5 (S.C. Ct. App. Eq. 1842) (eternal truth) State v. Hunt, 20 S.C.L. (2 Hill) 1, 64 (Ct. App. 1834) Gallatian v. Cunningham, 8 Cow. 361, 371 (N.Y. Sup. Ct. 1826) Carter v. Harris, 25 Va. (4 Rand.) 199, 204 (1826) (principle) McAllister v. Marshall, 6 Binn. 338, 350 (Pa. 1814) 82 NEW YORK CITY LAW REVIEW [Vol. 9:31 QUOTATION MARKS WITHOUT CITATION Federal Court Cases United States v. Bowens, 108 F. App’x 945, 971 (5th Cir. 2004) Berwind Corp. v. Fyfe, No. 89-55880, 1990 WL 208794, at *3 (9th Cir. 1990) United States v. Evans, 572 F.2d 455, 480 (5th Cir. 1978) Fund of Funds, Ltd. v. Arthur Andersen & Co., 567 F.2d 225, 233 (2d Cir. 1977) Bhd. of Locomotive Firemen and Enginemen v. Mitchell, 190 F.2d 308, 308 (5th Cir. 1951) (scriptural pronouncement) Va. Ferry Corp. v. NLRB, 101 F.2d 103, 105 (4th Cir. 1939) (high authority) Turner v. Kirkwood, 49 F.2d 590, 594 (10th Cir. 1931) (infallible truth and divine saying) Crawford v. United States, 30 App. D.C. 1, 12 (D.C. Cir. 1907) Olcott v. Rice, 69 F. 199, 202 (5th Cir. 1895) (truth) McGlothlin v. Connors, 142 F.R.D. 626, 635 (W.D. Va. 1992) (biblical admonition) Schwartz v. O’Grady, No. 86 CIV. 4243, 1990 WL 156274, at *5 (S.D.N.Y. Oct. 12, 1990) SEC v. Commonwealth Sec. Investors, Inc., No. 2161, 1970 WL 202, at *7 (E.D. Ky. Oct. 21, 1970) (Biblical quote) Mo. State Life Ins. Co. v. Keyes, 46 F. Supp. 181, 185 (W.D. Ky. 1933) (Jesus said) United States v. Walter, 291 F. 662, 663 (S.D. Fla. 1921) United States v. Del. & Hudson Co, 164 F. 215, 258 (C.C.E.D. Pa. 1908) United States v. Booth, 148 F. 112, 116 (C.C.D. Or. 1906) (principle) 2005] QUOTING THE BIBLE 83 Symmes v. Union Trust Co. of N.Y., 60 F. 830, 864 (C.C.D. Nev. 1894) United States v. Sippel, 8 C.M.R. 698, 745 (C.M.R. 1953) (principle) In re Grand Jury Investigation, 436 F. Supp. 818, 821 (W.D. Pa. 1977) (ancient axiom) Dobbins v. Local 212, 292 F. Supp. 413, 451 n. 19 (S.D. Ohio 1968) In re W.T. Byrns, Inc., 260 F. Supp. 442, 445 (E.D. Va. 1966) Shapiro v. Stahl, 195 F. Supp. 822, 825 (M.D. Pa. 1961) (infallible declaration) Livingston v. Shreveport-Texas League Baseball Corp., 128 F. Supp. 191, 199 (W.D. La. 1955) (axiom) State Court Cases People v. Woidtke, 729 N.E.2d 506, 513 (Ill. App. Ct. 2000) Winmark Ltd. P’ship v. Miles & Stockbridge, 674 A.2d 73, 87 (Md. Ct. Spec. App. 1996) Friendship Heights Citizens Comm. v. Barlow, 329 A.2d 122, 125 (Md. Ct. Spec. App. 1974) Am. Ins. Ass’n v. Ky. Bar Ass’n, 917 S.W.2d 568, 571 (Ky. 1996) Md. Metals, Inc. v. Metzner, 382 A.2d 564, 568 (Md. 1978) In re Brown, 559 P.2d 884, 889 (Or. 1977) Drenning v. Kuebel, Inc., 327 So. 2d 571, 575 (La. Ct. App. 1976) In re Boivin, 533 P.2d 171, 174 (Or. 1975) Commonwealth v. Shank, 54 Pa. D. & C.2d 602, 605 (Ct. Com. Pl. 1971) Elizabeth Fire Officers Ass’n v. City of Elizabeth, 274 A.2d 817, 819 (N.J. Super. Ct. App. Div. 1971) Warminster Twp. Appeal, 56 Pa. D. & C.2d 99, 111 (Ct. Com. Pl. 1971) 84 NEW YORK CITY LAW REVIEW [Vol. 9:31 Claughton v. Bear Stearns & Co., 156 A.2d 314, 319-20 (Pa. 1959) (infallible declaration and public policy rule) McCall v. Johns, 294 S.W.2d 869, 871 (Tex. Ct. App. 1956) State v. Haesemeyer, 78 N.W.2d 36, 40 (Iowa 1956) (ancient truth) In re Bond & Mortg. Guar. Co., 103 N.E.2d 721, 725 (N.Y. 1952) (centuries-old scriptural passage) Ky. State Fair Bd. v. Fowler, 221 S.W.2d 435, 439 (Ky. Ct. App. 1949) (philosophy) In re Buder, 217 S.W.2d 563, 574 (Mo. 1949) Kurtz v. Steinhart, 60 Pa. D. & C. 345, 360 (Ct. Com. Pl. 1947) (old adage) In re Laegen’s Estate, 43 N.Y.S.2d 924, 926 (Sur. Ct. 1943) Rotzin v. Miller, 277 N.W. 811, 817 (Neb. 1938) (hallowed petition) Int’l Serv. Union Co. v. People ex rel. Wettengel, 70 P.2d 431, 436 (Colo. 1937) Haines v. Biddle, 188 A. 843, 844 (Pa. 1937) (infallible declaration and public policy rule) Richter Jewelry Co. v. Schweinert, 169 So. 750, 753 (Fla. 1936) (general rule) Whelan v. Bailey, 36 P.2d 709, 710 (Cal. Dist. Ct. App. 1934) (saying) Bland v. Smith, 33 P.2d 25, 27 (Cal. Dist. Ct. App. 1934) (rule) Clawans v. Ordway Bldg. & Loan Ass’n., 164 A. 267, 283 (N.J. 1933) (wisdom of the ages) Mees v. Grewer, 245 N.W. 813, 815 (N.D. 1932) Hall v. Williams, 50 S.W.2d 138, 140 (Mo. 1932) (ancient maxim) Neb. State Bank of Norfolk v. Sch. Dist. of Pierce, 240 N.W. 570, 571 (Neb. 1932) (good authority) 2005] QUOTING THE BIBLE 85 Wick v. Youngstown Sheet & Tube Co., 1930 WL 2386, at *5 (Ohio Ct. Com. Pl. Dec. 29, 1930) Cent. Nat. Bank of Lincoln v. First Nat. Bank, 219 N.W. 894, 895 (Neb. 1928) (philosophy) McDaniel v. Cont’l Cas. Co., 240 Ill. App. 535, 549 (App. Ct. 1926) In re Water Rights in Silvies River, 237 P. 322, 358 (Or. 1925) Shealy v. S. Ry. Co., 120 S.E. 561, 568, 575 (S.C. 1924) Koons v. Richardson, 227 Ill. App. 477, 484 (App. Ct. 1923) (rule of the moral law and expression) Tex. Ref. Co. v. Alexander, 202 S.W. 131, 134 (Tex. Civ. App. 1918) (very high authority has said) Tusant v. Grand Lodge A.O.U.W., 163 N.W. 690, 693 (Iowa 1917) (law) Kirby-Sorge-Felske Co. v. Doty, 157 N.W. 273, 276 (Mich. 1916) (infallible declaration) Peterson v. Lewis, 154 P. 101, 106 (Or. 1915) In re E. Cameron Twp. Auditors’ Report, 1915 WL 3321, at *7 (Pa. Com. Pl. Aug. 11, 1915) (statement) (general principle) In re Krauthoff, 177 S.W. 1112, 1125 (Mo. Ct. App. 1915) (Highest Authority has said) King v. Reed, 141 P. 41, 43 (Cal. Ct. App. 1913) (infallible declaration and public policy rule) Clopton v. Meeves, 133 P. 907, 910 (Idaho 1913) (common experience and unanimous verdict of mankind) Jacobs v. Beyer, 125 N.Y.S. 597, 599 (App. Div. 1910) (rule) Biddle v. Cumberland County, No. 15, 1908 WL 2834, at *1 (Pa. Ct. Com. Pl. Oct. 20, 1908) Commonwealth ex rel. Kutz v. Witman, 66 A. 986, 987 (Pa. 1907) (statement) 86 NEW YORK CITY LAW REVIEW [Vol. 9:31 Evans v. Rockett, 32 Pa. Super. 365, 369 (Super. Ct. 1907) (infallible declaration) Commonwealth v. Miller, 1906 WL 3769, at *4 (Pa. Super. Ct. 1906) (expression) Wilkinson v. McCullough, 46 A. 357, 358 (Pa. 1900) (infallible declaration) Leathers v. Canfield, 75 N.W. 612, 616 (Mich. 1898) (infallible declaration) Addison v. Wanamaker, 39 A. 1111, 1111 (Pa. 1898) (proposition of the highest and best authority) Deutsch v. Baxter, 47 P. 405, 405 (Colo. App. 1896) (fact) Wildberger v. Hartford Fire Ins. Co., 17 So. 282, 283 (Miss. 1895) Finch v. Redding, 26 A. 368, 369-70 (Pa. 1893) (infallible declaration and public policy rule) Caswell v. Jones, 26 A. 529, 530 (Vt. 1893) Harkness v. Briscoe, 47 Mo. App. 196, 198 (Ct. App. 1891) (principle) Pearson v. Concord R.R., 62 N.H. 537, 545 (1883) Memphis, Kan. & Colo. Ry. Co. v. Parsons Town Co., 26 Kan. 503, 509 (1881) Haxton v. Harris, 19 Kan. 511, 512 (1878) Draper v. Moore, 1872 WL 6072, at *4 (Ohio Super. Ct. 1872) BIBLICAL MANDATE State Court Cases Hartford Accident & Indem. Co. v. Foster, 528 So.2d 255, 277 (Miss. 1988) (ancient principle) Kirby v. Cruce, 688 S.W.2d 161, 171 (Tex. Ct. App. 1985) (Christian morality) 2005] QUOTING THE BIBLE 87 In re Hershberger, 606 P.2d 623, 627 (Or. 1980) (biblical admonition) Citizens Bank v. C & H Constr. & Paving Co., 600 P.2d 1212, 1217 (N.M. Ct. App. 1979) (centuries-old scriptural passage) Twp. Comm. of Hazlet Twp., Monmouth County v. Morales, 289 A.2d 563, 565 (N.J. Super. Ct. Law Div. 1972) (moral rule) State v. Goode, 171 N.W.2d 733, 733 (S.D. 1969) (ancient admonition) State ex rel. Londerholm v. Schroeder, 430 P.2d 304, 314 (Kan. 1967) (ancient injunction) Riviera Congress Assocs. v. Yassky, 264 N.Y.S.2d 624, 634 (Sup. Ct. 1965) (centuries-old scriptural passage) Schear v. City of Elizabeth, 196 A.2d 774, 778 (N.J. 1964) (universal moral rule) Naftalin v. John Wood Co., 116 N.W.2d 91, 99 (Minn.1962) (truth of the biblical admonition) Dick & Reuteman Co. v. Doherty Realty Co., 114 N.W.2d 475, 479 (Wis. 1962) (centuries-old scriptural passage) Schauer v. City of Miami Beach, 112 So.2d 838, 841 (Fla. 1959) (familiar scriptural quotation) Spadaro v. Palmisano, 109 So.2d 418, 421 (Fla. Dist. Ct. App. 1959) (biblical mandate) Raymond v. Bartlett, 175 P.2d 288, 289 (Cal. Dist. Ct. App. 1946) (biblical doctrine) Higginbotham v. Pub. Belt R.R. Comm’n, 181 So. 65, 71 (La. Ct. App. 1938) (biblical doctrine) In re Flavin’s Guardianship, 18 N.E.2d 514, 518 (Ohio Ct. App. 1938) (law for two thousand years) Adams v. Hearn, 178 A. 606, 611 (Md. 1935) (divine injunction) Stubbs v. Fla. State Finance Co., 159 So. 527, 528 (Fla. 1935) (familiar scriptural quotation) 88 NEW YORK CITY LAW REVIEW [Vol. 9:31 Mangels v. Safe Deposit & Trust Co. of Balt., 173 A. 191, 197 (Md. 1934) (divine precept) State v. Williams, 68 S.E. 900, 902 (N.C. 1910) (scriptural teaching) Hamilton v. Allen, 125 N.W. 610, 612 (Neb. 1910) (philosophy of the Galilean and declaration) Beasley v. Swinton, 24 S.E. 313, 322 (S.C. 1896) (Christ said) Funk v. Washington Twp., No. 196, 1893 WL 2925, at *4 (Pa. Ct. Com. Pl. July 15, 1893) (authority of Holy Writ) Pa. R.R. Co. v. Flanigan, 4 A. 364, 367 (Pa. 1886) (authority of Holy Writ) Everhart v. Searle, 71 Pa. 256, 259 (1872) (authority of Holy Writ and principle) Scheible v. Bacho, 41 Ala. 423, 450 (1868) (Divine declaration) Herman v. Martineau, 1 Wis. 151, 158 (1853) (doctrine of Holy Writ) PRINCIPLE OR PROPOSITION State Court Cases People v. Dobrino, 592 N.E.2d 391, 401 (Ill. App. Ct. 1992) People v. Arnold, 577 N.E.2d 1355, 1362 (Ill. App. Ct. 1991) Fed’n of State Cultural & Educ. Prof’l v. Commonwealth, 546 A.2d 147, 150 (Pa. Commw. Ct. 1988) People v. Spreitzer, 525 N.E.2d 30, 34 (Ill. 1988) State v. Basham, 170 N.W.2d 238, 255 (S.D. 1969) (principle) Batson v. Strehlow, 59 Cal. Rptr. 195, 205 (Cal. Ct. App. 1967) Holmes v. McKey, 383 P.2d 655, 664 (Okla. 1963) In re Guardianship of Angell, 167 N.E.2d 711, 713 (Ill. App. Ct. 1960) Battle v. Reserve Life Ins. Co., 168 N.E.2d 915, 918 (Ohio Ct. App. 1959) 2005] QUOTING THE BIBLE 89 Fred Tuke & Son v. Burkhardt, 156 N.E.2d 490, 491 (Ohio Mun. Ct. 1958) State v. Hambrick, 196 P.2d 661, 667 (Wyo. 1948) Callahan v. Jones, 93 P.2d 326, 330 (Wash. 1939) Gallin v. Nat’l City Bank of N.Y., 273 N.Y.S. 87, 101 (Sup. Ct. 1934) Rossi v. Firemen’s Ins. Co. of Newark, N. J., 165 A. 16, 18 (Pa. 1932) Garibaldi Bldg. & Loan Ass’n of Atlantic City v. Garibaldi, 162 A. 419, 423 (N.J. Ch. 1932) Swearingen v. Moore, 280 P. 295, 299 (Okla. 1929) Johnson ex rel. McCarter v. Nippert, 144 A. 404, 406 (Pa. 1928) Adams v. Kennard, 253 P. 1048, 1049 (Or. 1927) Quell v. Boyajian, 90 Pa. Super. 386, 389 (Super. Ct. 1926) (ancient principle) Murray v. Stuart, 247 P. 187, 188 (Colo. 1926) (ancient principle) W.R. Pickering Lumber Co. v. Sherritt, 233 P. 179, 180 (Okla. 1924) Rowe v. Freeman, 172 P. 508, 511 (Or. 1918) Livermore Falls Trust & Banking Co. v. Riley, 78 A. 980, 981 (Me. 1911) Wolford v. Upper Salford Twp. Sch. Dist., 46 Pa. Super. 1, 4 (Super. Ct. 1910) Clark v. Hubbard, 44 Pa. Super. 37, 42 (Super. Ct. 1910) (public policy rule) Edwards v. Meyers, 76 A. 510, 511 (Pa. 1910) Marshall v. Reed, 32 Pa. Super. 60, 61 (Super. Ct. 1906) (declaration and general principle) Maxwell v. West, No. 603, 1900 WL 4333, at *1 (Pa. Ct. Com. Pl. Feb. 3, 1900) 90 NEW YORK CITY LAW REVIEW [Vol. 9:31 Cincinnati, H. & D. R.R. Co. v. Morris, 10 Ohio C.C. 502, 520 (Cir. Ct. 1895) Rice v. Davis, 20 A. 513, 514 (Pa. 1890) (infallible declaration and public policy rule) Bensley v. Moon, 7 Ill. App. 415, 421 (App. Ct. 1880) Bassett v. Monte Christo Gold & Silver Min. Co., 15 Nev. 293, 299 (1880) (general principle) Eur. & N. Am. Ry. Co. v. Poor, 59 Me. 277, 277 (1871) Morrison v. Ogdensburgh & Lake Champlain R.R. Co., 52 Barb. 173, 173 (N.Y. Sup. Ct. 1868) PROVERB OR MAXIM State Court Cases In re Estate of Shano, 869 P.2d 1203, 1210 (Ariz. Ct. App. 1993) Plaquemines Parish Com’n Council v. Delta Dev. Co., 502 So.2d 1034, 1040 (La. 1987) Alexander v. Super. Ct., 685 P.2d 1309, 1315 (Ariz. 1984) Int’l Ass’n of Fire Fighters, Local 1052 v. Pub. Employment Relations, 630 P.2d 470, 474 (Wash. Ct. App. 1981) In re Adkins’ Estate, 319 P.2d 512, 515 (Mont. 1957) (old proverb) Shell Oil Co. v. Bd. of County Com’rs, 231 P.2d 220, 224 (Kan. 1951) (maxim) Engle v. Dist. Ct., 85 P.2d 627, 629 (Utah 1938) In re Union Real Estate Inv. Co. First Mortgage 6% Gold Bonds Due July 1, 1941, 1 A.2d 662, 666 (Pa. 1938) Howard v. Potts, 233 N.W. 909, 912 (S.D. 1930) (moral maxim) Horan v. Varian, 265 P. 263, 267 (Cal. Dist. Ct. App. 1928) Cameron v. White, 262 P. 664, 668 (Okla. 1927) Salata v. Dylewski, 207 N.W. 895, 896 (Mich. 1926) 2005] QUOTING THE BIBLE 91 Farnsworth v. Hatch, 151 P. 537, 541 (Utah 1915) In re Ramsey, 123 N.W. 726, 728 (S.D. 1909) (moral maxim) Casey v. Donovan, 65 Mo. App. 521, 529 (Ct. App. 1896) Burke v. Bours, 32 P. 980, 981 (Cal. 1893) Piatt v. Longworth’s Devisees, 27 Ohio St. 159, 195 (1875) (legal maxim)https://academicworks.cuny.edu/cgi/viewcontent.cgi?article=1119&context=clr City University of New York Law Review Volume 9 | Issue 1 ...
Translation It takes the average person about 90 days to ingest the full 60 gram treatment. I suggest that people start with three doses pe...