construct
The boy next door
With all the talk about proof in this thread, let me raise two questions. First who has the burden of proof. The person making the novel claim has the burden of proof. In this case, the Constitution makes no reference to any god in the oath or anywhere else, and it specifically excludes a religious test for public office. Therefore, I would argue that the believers in God should logically have the burden of proof about his existence.
On the other hand, in a lawsuit the plaintiff must prove all elements of his claim. In this case, the non-believers are claiming that the appended words are a violation of the establishment clause. So what relevance does the actual existence of a god have to the suit? None that I can see.
The second question is what standard of proof should be employed. Should it be a preponderance of the evidence? In other words, must religionists merely pass the 50% mark? Or must they prove their assertion beyond reasonable doubt (which can't be precisely quantified but surely must be greater than, say, 85%)? Since a religion-free government is a fundamental right preserved by the establishment clause of the first amendment, I'd prefer the harder standard.
However, I'm not sure that an invocation of a deity appended to an oath of office rises to the level of an establishment clause violation. It doesn't involve Congress, after all, and it is purely ceremonial language with no religious content. It is analogous to "under God" in the pledge or "IGWT" on money. So I'm having a hard time seeing how the proposed lawsuit avoids summary judgment for the defendant without ever requiring that the believing defendant offer even a scintilla of proof for the existence of this entirely rhetorical "God."
This ceremonial god is a signifier without a referent. I'm not sure this signifier has even a signified.
On the other hand, in a lawsuit the plaintiff must prove all elements of his claim. In this case, the non-believers are claiming that the appended words are a violation of the establishment clause. So what relevance does the actual existence of a god have to the suit? None that I can see.
The second question is what standard of proof should be employed. Should it be a preponderance of the evidence? In other words, must religionists merely pass the 50% mark? Or must they prove their assertion beyond reasonable doubt (which can't be precisely quantified but surely must be greater than, say, 85%)? Since a religion-free government is a fundamental right preserved by the establishment clause of the first amendment, I'd prefer the harder standard.
However, I'm not sure that an invocation of a deity appended to an oath of office rises to the level of an establishment clause violation. It doesn't involve Congress, after all, and it is purely ceremonial language with no religious content. It is analogous to "under God" in the pledge or "IGWT" on money. So I'm having a hard time seeing how the proposed lawsuit avoids summary judgment for the defendant without ever requiring that the believing defendant offer even a scintilla of proof for the existence of this entirely rhetorical "God."
This ceremonial god is a signifier without a referent. I'm not sure this signifier has even a signified.




























