Hmmm. Yes. That would seem to be contrary to the principle that a just government derives its authority from the consent of the governed. You know, like in a democracy. Which is a shame, because I think we're a democracy, and not a theocracy. So, if the presence of the commandments makes people think that our government derives authority from God, that's sort of contrary to the Constitution.
As Lithwick says:
Scalia is the only member of the court who is being truly honest. His position: Sure, the display is religious and not secular. Let's put up some crosses, too, and have a revival meeting.
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