<?xml version="1.0" encoding="utf-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: CIVIL DISOBEDIENCE?</title>
	<atom:link href="http://www.outsidethebeltway.com/archives/civil_disobedience/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.outsidethebeltway.com/archives/civil_disobedience/</link>
	<description>Online Journal of Politics and Foreign Affairs</description>
	<lastBuildDate>Wed, 25 Nov 2009 00:30:07 -0600</lastBuildDate>
	<generator>http://wordpress.org/?v=2.8.5</generator>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
		<item>
		<title>By: Ross Judson</title>
		<link>http://www.outsidethebeltway.com/archives/civil_disobedience/comment-page-1/#comment-5296</link>
		<dc:creator>Ross Judson</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=3080#comment-5296</guid>
		<description>What if Moore had just placed a big cross in the courthouse?  Is that OK?  Is that different somehow than the ten commandments?  They&#039;re both pretty emblematic of Judeo-Christian religions.

What if a majority of Alabamans support lighting the cross mentioned above on fire, while it&#039;s in the middle of the courthouse?  Is that still &quot;civil disobedience&quot;?</description>
		<content:encoded><![CDATA[<p>What if Moore had just placed a big cross in the courthouse?  Is that OK?  Is that different somehow than the ten commandments?  They're both pretty emblematic of Judeo-Christian religions.</p>
<p>What if a majority of Alabamans support lighting the cross mentioned above on fire, while it's in the middle of the courthouse?  Is that still "civil disobedience"?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Rick DeMent</title>
		<link>http://www.outsidethebeltway.com/archives/civil_disobedience/comment-page-1/#comment-5297</link>
		<dc:creator>Rick DeMent</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=3080#comment-5297</guid>
		<description>I would quarrel with you on the issue of disenfranchisement. Are the Christians in Alabama disenfranchised? Are they prevented from voting? Are they prevented from making the necessary changes in the law? Since the federal courts have ruled that the monument violates the establishment clause then the only avenue of remedy is the alteration of the constitution.  Now you can argue that the jurisprudence that found the monument in volition is incorrect but then we are back to the same problem, the only avenue is to go to a higher court or work to change the constitution to specifically allow religious monuments on public grounds.  They tried the higher court, SCOUTS didn&#039;t have the stones to review the case, they lost. 

I think the issue with King is that they didnât have the ability to change the law or the constitution or anything else. One of the principals of the constitution is to specifically protect the rights of minority voices. But there is still an avenue left for the people of Alabama so to say they are disenfranchised is not entirely true.  But let&#039;s say for the sake of argument that they are justified in their civil disobedience, what would they wish for the courts to do?  Reverse the ruling based on the, &quot;Well we didn&#039;t know how much this meant to you&quot; test?  And if they did would that not mean that those who see a God and all the trappings of religious dogma as little more then fairy tales have an equal excuse to engage in counter civil disobedience? 

Do they not have the right to petition their representatives to present a bill to create the &quot;Defense of religious paraphernalia on public grounds&quot; amendment? A truly disenfranchised person would not have that avenue available to them, no?

Personally I think the who thing is a tempest in a teapot but I can imagine the stink if a judge was elected and wanted to put the code of Hammurabi next to it.</description>
		<content:encoded><![CDATA[<p>I would quarrel with you on the issue of disenfranchisement. Are the Christians in Alabama disenfranchised? Are they prevented from voting? Are they prevented from making the necessary changes in the law? Since the federal courts have ruled that the monument violates the establishment clause then the only avenue of remedy is the alteration of the constitution.  Now you can argue that the jurisprudence that found the monument in volition is incorrect but then we are back to the same problem, the only avenue is to go to a higher court or work to change the constitution to specifically allow religious monuments on public grounds.  They tried the higher court, SCOUTS didn't have the stones to review the case, they lost. </p>
<p>I think the issue with King is that they didnât have the ability to change the law or the constitution or anything else. One of the principals of the constitution is to specifically protect the rights of minority voices. But there is still an avenue left for the people of Alabama so to say they are disenfranchised is not entirely true.  But let's say for the sake of argument that they are justified in their civil disobedience, what would they wish for the courts to do?  Reverse the ruling based on the, "Well we didn't know how much this meant to you" test?  And if they did would that not mean that those who see a God and all the trappings of religious dogma as little more then fairy tales have an equal excuse to engage in counter civil disobedience? </p>
<p>Do they not have the right to petition their representatives to present a bill to create the "Defense of religious paraphernalia on public grounds" amendment? A truly disenfranchised person would not have that avenue available to them, no?</p>
<p>Personally I think the who thing is a tempest in a teapot but I can imagine the stink if a judge was elected and wanted to put the code of Hammurabi next to it.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/civil_disobedience/comment-page-1/#comment-5298</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=3080#comment-5298</guid>
		<description>Ross:  I don&#039;t disagree.  But, yes, it&#039;s civil disobedience if people feel the law is unjust and are therefore willing to face the consequences of breaking it.

Rick:  If you&#039;re allowed to vote but the majority&#039;s will gets overridden by judicial fiat, the practical effect is to have not been able to vote.  In that way, the Fundamentalists are no different from the blacks of the 1960s.  Blacks had the right to try to get Constitutional amendments passed, too.  

Ironically, had Moore &quot;put the code of Hammurabi next to it,&quot; he&#039;d have been perfectly within the law.</description>
		<content:encoded><![CDATA[<p>Ross:  I don't disagree.  But, yes, it's civil disobedience if people feel the law is unjust and are therefore willing to face the consequences of breaking it.</p>
<p>Rick:  If you're allowed to vote but the majority's will gets overridden by judicial fiat, the practical effect is to have not been able to vote.  In that way, the Fundamentalists are no different from the blacks of the 1960s.  Blacks had the right to try to get Constitutional amendments passed, too.  </p>
<p>Ironically, had Moore "put the code of Hammurabi next to it," he'd have been perfectly within the law.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/civil_disobedience/comment-page-1/#comment-5299</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=3080#comment-5299</guid>
		<description>And, again, I reiterate: Part of civil disobedience, indeed, a fundamental component, is the willingness to go to jail.  The question is whether this will shame the society into changing the law.

As much as I don&#039;t want to see religious totems erected at the courthouse, I don&#039;t think it&#039;s worth putting people in jail to avoid.</description>
		<content:encoded><![CDATA[<p>And, again, I reiterate: Part of civil disobedience, indeed, a fundamental component, is the willingness to go to jail.  The question is whether this will shame the society into changing the law.</p>
<p>As much as I don't want to see religious totems erected at the courthouse, I don't think it's worth putting people in jail to avoid.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Rick DeMent</title>
		<link>http://www.outsidethebeltway.com/archives/civil_disobedience/comment-page-1/#comment-5300</link>
		<dc:creator>Rick DeMent</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=3080#comment-5300</guid>
		<description>James,

&lt;i&gt;If you&#039;re allowed to vote but the majority&#039;s will gets overridden by judicial fiat, the practical effect is to have not been able to vote. &lt;/i&gt;

One mans judicial fiat is another mans protection against the tyranny of the majority.

Ar you saying that black citizens of the civil rights era were on equal political footing as the contemporary Christian majority in Alabama. If yes do you predict that anyone attempting to block the removal of the monument will get the fire hose treatment?

I&#039;m just asking the question [grin]</description>
		<content:encoded><![CDATA[<p>James,</p>
<p><i>If you're allowed to vote but the majority's will gets overridden by judicial fiat, the practical effect is to have not been able to vote. </i></p>
<p>One mans judicial fiat is another mans protection against the tyranny of the majority.</p>
<p>Ar you saying that black citizens of the civil rights era were on equal political footing as the contemporary Christian majority in Alabama. If yes do you predict that anyone attempting to block the removal of the monument will get the fire hose treatment?</p>
<p>I'm just asking the question [grin]</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/civil_disobedience/comment-page-1/#comment-5301</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=3080#comment-5301</guid>
		<description>Rick,

In many ways, tyranny of the majority is preferable to tyranny of a minority.  While I disagree with what Moore is doing and think he should be jailed for contempt of court, I&#039;m much more sympathetic to that than judicial override of the federal nature of our system.  

Overall, of course the comparison of 1960s blacks and current Evangelicals doesn&#039;t stand up.  But civil disobedience can be more narrowly focused.  Many Evangelicals would argue that they are indeed being oppressed because the society is denying what they think are fundamental rights endowed by their creator.</description>
		<content:encoded><![CDATA[<p>Rick,</p>
<p>In many ways, tyranny of the majority is preferable to tyranny of a minority.  While I disagree with what Moore is doing and think he should be jailed for contempt of court, I'm much more sympathetic to that than judicial override of the federal nature of our system.  </p>
<p>Overall, of course the comparison of 1960s blacks and current Evangelicals doesn't stand up.  But civil disobedience can be more narrowly focused.  Many Evangelicals would argue that they are indeed being oppressed because the society is denying what they think are fundamental rights endowed by their creator.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Alex</title>
		<link>http://www.outsidethebeltway.com/archives/civil_disobedience/comment-page-1/#comment-5302</link>
		<dc:creator>Alex</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=3080#comment-5302</guid>
		<description>I agree that the first two points are essentially an arbitrary standard, but the third does cut to the heart of the matter.  What Moore is doing isn&#039;t a private or personal expression of faith that is discriminated against; nor could it be since he is free as are other Alabamans to express his faith as a private individual.  It is a dereliction of duty in that he is acting as a government official who has sworn to uphold the Constitution and is now violating that oath.</description>
		<content:encoded><![CDATA[<p>I agree that the first two points are essentially an arbitrary standard, but the third does cut to the heart of the matter.  What Moore is doing isn't a private or personal expression of faith that is discriminated against; nor could it be since he is free as are other Alabamans to express his faith as a private individual.  It is a dereliction of duty in that he is acting as a government official who has sworn to uphold the Constitution and is now violating that oath.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: The World Around You</title>
		<link>http://www.outsidethebeltway.com/archives/civil_disobedience/comment-page-1/#comment-5303</link>
		<dc:creator>The World Around You</dc:creator>
		<pubDate>Wed, 31 Dec 1969 18:00:00 +0000</pubDate>
		<guid isPermaLink="false">/?p=3080#comment-5303</guid>
		<description>&lt;strong&gt;Is This Really Civil Disobedience&lt;/strong&gt;
Anthony Sebok from FindLaw.com does a good job of picking apart the parallels to Martin Luther King Jr. and the civil rights movement that have been invoked by Roy and his supporters.For Moore to claim that his position today is anything like that of K...

---</description>
		<content:encoded><![CDATA[<p><strong>Is This Really Civil Disobedience</strong><br />
Anthony Sebok from FindLaw.com does a good job of picking apart the parallels to Martin Luther King Jr. and the civil rights movement that have been invoked by Roy and his supporters.For Moore to claim that his position today is anything like that of K...</p>
<p>---</p>
]]></content:encoded>
	</item>
</channel>
</rss>
