Has Bush Applied A Religious Test in Selecting Miers?

[smoogatz]

Sure looks like it--here's what he said:

"People are interested to know why I picked Harriet Miers," Bush told reporters at the White House. "Part of Harriet Miers' life is her religion."

Only trouble is, the Article VI of the Constitution says you can't do that:

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

[MADem]

1. Well, at least it wasn't a LITMUS test!!!

Or a rabbit test!!!

[tk2kewl]

2. and it's surprising that * doesn't know the constitution or even

give a shit what it says? :shrug:

[benburch]

3. That would not apply here.

The religious test has to be by statute or by procedure. This was a personal religious test for a nomination.

[smoogatz]

5. Still, it's unprecedneted in modern times, no?

Nominating someone to the SCOTUS specifically because of their religious beliefs? It seems positively un-American.

[benburch]

6. Maybe - Maybe not.

I don't think we can know that. A President makes that decision for personal reasons.

[smoogatz]

8. But to admit it openly--might as well appoint Falwell or Robertson, no?

It's a naked attempt to turn the court into a religious tribunal, seems to me.

[benburch]

10. Of course it is.

And this is why the filibuster exists.

IF we have the spine to use it.

[politicaholic]

4. woops...

Ignoring the constitution again? Damn them!

I wonder if the constitution comes in toilet paper roll form?

[longship]

7. Why do you need to ask that question?

You *know* that he would not nominate anybody but a lunatic fundy wacko. The loonier the better. There *is* an unconstitutional religious litmus test for this White House.

[abbeyco]

9. Uh, it just exemplifies the fact

that even though he wants a strict constructionist to interpret the constitution, he has absolutely no effing clue what it means.

Maybe a true strict constructionist could inform him of this fact...

:shrug:

[Coastie for Truth]

13. That's because he's so effing dumb

and unread and "uneducated" in the "Liberal Arts Education" or "Classical Education" or "Jesuit Education" sense.

[Kagemusha]

11. The constitution bans exclusionary tests only.

The Senate exists to crush inclusionary tests of this nature that serve the American people poorly in positions deemed important enough to require confirmation.

[enough already]

12. Why is nobody outraged over this on our side?

If this religious nut Miers gets on the bench, you can kiss a woman's right to choose goodbye. And if we are waiting for the repukes to kill this nomination, we are sadly mistaken.

[kalyanvenkat]

14. Is this legal?

When I used to work in the US, all companies had to bide by Federal law on equal opportunities which state
"Federal laws and regulations, state laws and regulations and Executive Orders make it illegal to discriminate on the basis of race, color, creed, religion, sex, sexual orientation, marital status, age, national origin, ancestry, citizenship, arrest record, conviction record, disability, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this State, use or nonuse of lawful products off company's premises during nonworking hours or status as a special disabled veteran, veteran of the Vietnam era, recently separated veteran or veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized (collectively, "covered veterans"), or other legally protected status, as required by law. "

Now bush openly says that Religion is a factor in Ms.Miers's nomination. So it implies that if you are an american and if you are a Jew, Hindu, Buddhist or Muslim you don't have a chance. If this is not discrimination what else is?

[newyawker99]

15. Hi kalyanvenkat!!

Welcome to DU!! :toast: