Showing posts with label sages. Show all posts
Showing posts with label sages. Show all posts

Thursday, March 29, 2007

What If Rabbis Were Supreme Court Justices?

From the Passover Haggadah:
Rabbi Elazar Ben Azaryah said: "I am like a man of 70 years, and yet I was never able to merit to prove that one is obligated to mention the Exodus at night, until Ben Zoma explained it thusly: It says in the Torah, 'In order that you shall remember the day when you came out of the land of Egypt, all the days of your life.' 'The days of your life' refers to the days; 'All the days of your life' refers to the nights." And the Sages [i.e all the other rabbis -JA] say: "'The days of your life' refers to this world; 'All the days of your life' indicates the time of the Messiah."

Many people, including many Orthodox Jews, ridicule the majority opinion in Roe v. Wade because of its reliance on a "penumbra" of rights in the Constitution that weren't spelled out. But how much more ridiculous are the bulk of Orthodox interpretations of the Torah?

I'd love to see what the Sages would have done with the Sixth Amendment:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Justice Ben Azaryah said: "I am like a man of 70 years, and yet I was never able to merit to prove that one has the right to a public trial in civil cases until Justice Ben Zoma explained it thusly: "It says in the Constitution, 'In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.' 'Criminal prosecutions' refers to criminal prosecutions. 'All criminal prosecutions' refers to civil suits." And the legal scholars say: "'Criminal prosecutions' refers to criminal prosecutions. 'All criminal prosecutions' refers to military tribunals."