Holy Trinity Church v. United States
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Author Topic: Holy Trinity Church v. United States  (Read 2965 times)
memphis
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« on: February 19, 2010, 12:33:53 AM »

http://en.wikipedia.org/wiki/Holy_Trinity_Church_v._United_States

WTF?
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Napoleon XIV
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« Reply #1 on: February 19, 2010, 02:31:52 PM »

What about it?
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memphis
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« Reply #2 on: February 19, 2010, 09:58:38 PM »


The essense of the ruling is that law doesn't apply to the clergy because this is a Christian nation. That's a pretty f'ed up ruling, even for the time.
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Sam Spade
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« Reply #3 on: February 19, 2010, 10:30:39 PM »


The essense of the ruling is that law doesn't apply to the clergy because this is a Christian nation. That's a pretty f'ed up ruling, even for the time.

That's the rationale for the conclusion - at its heart though, the ruling interpreted the statute to exclude clergy foreigners even though the plain text of the statute included them because they thought that legislative intent trumped the actual text.

That's why, if you read later on, Scalia hates it so much.  No way in hell any judge (liberal or conservative) would interpret a statute that way today, and we're much better off for it.

Demonstrating the complete irrelevance of legislative intent in statutory interpretation is Scalia's great gift to the law (if not the greatest gift to the law of the latter half of the 20th century) - thanks for illustrating it to us... Smiley
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A18
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« Reply #4 on: February 19, 2010, 11:37:35 PM »

https://uselectionatlas.org/FORUM/index.php?topic=50419

My judgment stands today as it did then.
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Napoleon XIV
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« Reply #5 on: February 19, 2010, 11:59:58 PM »


The essense of the ruling is that law doesn't apply to the clergy because this is a Christian nation. That's a pretty f'ed up ruling, even for the time.

Well, yes, to an extent, but that's trotted out to support the stuff they dug out of the statute's legislative history.  Silly decision like Sam explained.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #6 on: February 20, 2010, 12:00:47 AM »


As is mine.  Rather than pretending to infer legislative intent, the same decision could have been reached on first amendment grounds.
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