PROVOKING a war on Christmas?!

Just wondering.  In Philly for the last few years City Hall hosted a German corporation’s “Christmas Village” gift-shopping platz… but only with time, ie, this year, did people start complaining about the word Christmas in the name and signage.

The Religious Right considered free-market businesses’ attempts to embrace/sell to as many of their customers as possible at this time of year — even their fave Walmart — “a war on Christmas,” when if anything it’s been an expansion of Christmas!  After all, IIUC Hanukkah used to be a relatively minor Jewish observance, until it got Christmased-up under “Gentiles'” cultural influence.  Kwanzaa?  Thanksgiving?  New Year’s?  Little Christmas/Epiphany/Los Tres Reyes? St. Nick’s Day (Dec. 6)?  Even, yes, neopagan Winter Solstice.

Taxpayer-funded public schools (of all kinds) and government real estate are a true problem… but I guess there’s only one time of year when they want gummint on our backs!!!

Just one more thing: The Establishment Clause has nothing to do with people “feeling left out” — the Framers left out many people: women, renters, slaves, Blacks, Indians, Halfbreeds, Mulattoes, Tories….  Catholics, Jews, and pacifists barely got in under the wire!  No, the Framers were no bleeding hearts.  The Clause is about barring government from the religion business, and barring religion as such from the government business.  That’s all.

So, what gives?  Well, I don’t know how typical certain self-appointed Orthodox spokespersons are of the U.S. Religious Right, but I’m afraid some of my co-religionists seem to almost be looking forward to an anticipated Roman-style persecution here, or perhaps Commie-style.  I just hope they remember what they tell Muslims: You’re only a martyr if you die, not if you kill, for your faith!  Also, I’m not sure it counts if you’re actually “persecuted” for Heretical politics or economics, and not for the real o/Orthodox Faith.  Real Catholic Orthodoxy teaches us not to go out of our way to seek martyrdom or persecution.  And think of those you’ll get “persecuted” by association, who might not actually share your personal “belief” … LIKE ME!

BTW the first “war on Christmas” on these shores was waged BY “CHRISTIANS,” namely the Puritans of Massachusetts, who opposed all manner of “merriment” on the day as not only immoral and irreverent, but …

wait for it …

CATHOLIC!!!  (Or as they’d’ve said, Popish.)

Anyway, how many Christmas Warriors / Martyrs do you think will be in church next Saturday?  No, not easy Friday night, but early Saturday morning!  Sure: PUT THE “MASS” BACK IN “CHRIST-MASS”!!!!!

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Judge-Made Law

…has a long tradition in the English/American legal system.  What do you think Common Law is?!!  Montesquieu’s analysis, dividing the British (uncodified) constitution into three branches – legislative, executive, and judicial – seems to have been historically ignorant.  Parliament only became the lawmaking busybodies they are today in the last couple centuries.  Before that, Parliament moved far fewer statutes, the King made law by himself or in his Council, and judges dispensed justice ideally on the basis of actual justness, reason, Divine law, legal tradition, and (Western) Christian morality, “from time immemorial” – the Common Law or case law.  (The much-lampooned Trial by Ordeal had to be relatively rare when you think about it, eh?)

Of course, Parliament didn’t used to be in mostly continuous existence like it is today, giving them plenty of time for politician mischief!  The King only used to convoke MPs when he needed them to allow a tax for his administration and military.  At that time Parliament used to petition him for some changes in the laws (or “redress of grievances“) before granting him his tax.  And then they were gone until he needed them again.  Of course, then there was little Parliamentary “oversight” over his administration … so we’ve traded royal court mischief for politician mischief.  Which is worse?!!

Mostly, Continental European countries have completely codified their legal systems via legislatures and/or written Constitutions.  [Maybe one reason why the proposed EU Constitution was like a New York phone book … and that the EU is infamously bureaucratic!]  They have no more “judge-made law”!  Is that what you want?!  Catholic, Napoleonic, Imperial, French, German, Roman, Louisiana/Quebec law?!!  They seem to have taken Montesquieu very seriously.

In reality, of course, even most U.S. courts feel hamstrung to merely apply existing law, and only State Supreme Courts or the U.S. Supreme Court, each in their own constitutional competence, feel empowered to interpret law – but even they are (supposed to be) bound by U.S. and State written Constitutions, unlike English courts traditionally, U.S. “conservative” (actually Classical Liberal) and antigovernment whining notwithstanding.

So really, most of America’s judge-made law is many centuries old, and not at all recent – much even back to “time immemorial,” even before AD 1066 – “for the common law of England was not introduced by {William} the conqueror.”