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Groups > aus.computers > #74180
| From | "Rod Speed" <rod.speed.aaa@gmail.com> |
|---|---|
| Newsgroups | aus.computers, aus.politics |
| Subject | Re: test only |
| Date | 2026-09-10 07:13 +1000 |
| Message-ID | <op.3veik9etbyq249@pvr2.lan> (permalink) |
| References | (6 earlier) <d861al91qj02ilm9rv0f7hruem7nukogjj@4ax.com> <op.3vc0uqf9byq249@pvr2.lan> <8uk1al1pbpv4l1iv1r3t9vv0aa3uk5ft62@4ax.com> <op.3vdbvgefbyq249@pvr2.lan> <lhc2alhm6io45n4f00d0715fthj0c4op7d@4ax.com> |
Cross-posted to 2 groups.
Petzl <petzlx@gmail.com> wrote > Rod Speed <rod.speed.aaa@gmail.com> wrote >> I don't believe you, its entirely the steaming turd >> you have dropped countless times before >> And that's what grok says too >> https://grok.com/share/bGVnYWN5_128a3e35-caaa-4f22-88a9-347c7e909777 > I had GROK do it's version Grok never said that, you pathological liar https://grok.com/share/bGVnYWN5_454364f6-b392-4f47-b825-480f9fef556b > The original drafts of the Australian Constitution contained no > reference to God. The words “humbly relying on the blessing of > Almighty God” were inserted into the preamble of the Commonwealth of > Australia Constitution Act 1900 after deliberate debate and petition > at the Federal Conventions. That insertion formed part of the > constitutional compact as finally adopted. > Sir John Downer KC, speaking at the moment of adoption and expressly > for future generations, declared that “Our Australian Commonwealth > from its first stage will be a Christian Commonwealth.” In the > vocabulary of the framers the word “religion” referred only to the > several denominations of Christianity. That was the sole meaning the > term carried in the constitutional text they enacted. The Christian > character of the new polity—expressed in the monarchical oath under > God, the Almighty God clause of the covering Act, and the received > common-law heritage—was therefore an assumed and operative premise of > the Constitution as they understood and adopted it. > Section 116 of the Constitution denies the Commonwealth any power to > change the meaning of religion. The section provides that the > Commonwealth shall not make any law for establishing any religion, > imposing any religious observance, or prohibiting the free exercise of > any religion, and that no religious test shall be required for office > under the Commonwealth. In the understanding of the framers the word > “religion” referred only to the Christian denominations. Section 116 > therefore locks that meaning against Commonwealth alteration. The > definition and regulation of religion, beyond the specific > prohibitions in section 116, is the domain of the States. Any attempt > by the Commonwealth—whether by legislation or by judicial > redefinition—to expand “religion” beyond the Christian denominations > known to the framers is contrary to the original text and requires the > authority of the people under section 128. > Because the founding Christian culture and language formed part of the > original meaning, any judicial reading that treats “any religion” as > an open, pluralist category unknown to the framers rewrites the > Constitution without authority. > A genuine change from the Christian commonwealth the framers > established to a secular multicultural framework can be made only by > the people themselves under section 128. It cannot be effected by case > law. > That is the coherent originalist position. > It is not the course the High Court has taken. > The Court has retained the text, treated the Christian heritage as > mere background, and then permitted modern interpretation to move far > beyond the framers’ understanding—without returning to the electors > under section 128. > The clearest illustration is the 1983 Scientology case (Church of the > New Faith v Commissioner of Pay-roll Tax). > There the High Court discarded the traditional meaning of > religion—limited to the Christian denominations known to the > framers—and substituted a broad modern definition covering any belief > system that involves a supernatural being, thing or principle together > with a code of conduct. > That expansion altered a core constitutional concept by judicial > decree rather than by referendum. > The originalist view is straightforward. > The Constitution belongs to the people. > When the meaning of a foundational term such as “religion” is shifted > from the Christian denominations the framers knew to a secular > multicultural category they never contemplated, the change must be put > to the Australian voters under section 128. > Judicial redefinition bypasses the democratic process and amends the > founding document without the people’s consent. > The alternative approach treated by the High Court as a “living” > instrument allows the application of the words to evolve with > contemporary social conditions. > That path has carried Australian law a long distance from the framers’ > assumptions. > To those who hold that the original meaning governs until the people > alter it, the result is a quiet constitutional change effected without > a vote. > The same pattern appears in the treatment of symbols. > The Australia Act 1986 severed the remaining legislative and appellate > links with the United Kingdom. > Thereafter the continued display of the British Royal Arms in > Australian courts was characterised as an anachronism. > State legislation followed. > The New South Wales State Arms, Symbols and Emblems Act 2004 required > the British Royal Arms to be removed from courtrooms and parliamentary > buildings and replaced with the State Arms so as to reflect > independent sovereignty. > In newer buildings such as the ACT Supreme Court the walls behind the > bench have been left deliberately blank, the stated purpose being to > mark the judiciary as a separate branch of government rather than one > sitting under an historic emblem. > To the originalist these changes form part of the steady dismantling > of the founding architecture. > When the British coat of arms is taken down, the motto “Dieu et mon > droit” disappears with it. > That motto, the battle cry of Richard I at Gisors in 1198, asserted in > its proper medieval sense that the King’s right was derived from > God—“God is my legal right”—and that he answered to no earthly > authority. > Its removal, and the substitution of native fauna or blank walls, > severs a visible thread of the sovereignty the framers inherited and > assumed. > (By contrast, the Royal Coat of Arms remains in regular use in the > great majority of courtrooms throughout the United Kingdom.) > In short, the word “religion” in the Constitution as originally > understood referred only to the Christian denominations. > Section 116 denies the Commonwealth power to alter that meaning; the > domain remains with the States. > Any wider meaning requires the authority of the people expressed in a > section 128 referendum. > That is the presentation required by the original text and by the > legal advice that the change, if it is to be made, must be made by the > electors themselves. > > https://grok.com/share/c2hhcmQtMw_e5ecc77c-554c-4e25-a335-361d4aee3ade > Bottom line > The document correctly identifies the Christian cultural and legal > matrix in which the Constitution was framed, the deliberate insertion > of the Almighty God clause, Downer’s contemporaneous characterisation, > and the High Court’s later expansive approach to “religion.” It then > draws the strong originalist conclusion that any move beyond the > framers’ Christian denominational understanding of “religion,” or any > analogous change in constitutional symbolism, requires s 128 approval > and cannot validly be effected by judicial or ordinary legislative > action. > That is a coherent position within originalist theory. > It is not the position the High Court has adopted, nor the > understanding that has governed Australian public law and practice for > decades. > The gap between the two is precisely the ongoing debate over whether > the Constitution is to be read according to its original public > meaning until the people change it, or whether its application may > evolve with changed social conditions without formal amendment.
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test only Petzl <petzlx@gmail.com> - 2026-09-08 13:45 +1000
Re: test only "Rod Speed" <rod.speed.aaa@gmail.com> - 2026-09-08 17:03 +1000
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Re: test only "Rod Speed" <rod.speed.aaa@gmail.com> - 2026-09-09 08:10 +1000
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Re: test only "Rod Speed" <rod.speed.aaa@gmail.com> - 2026-09-09 11:53 +1000
Re: test only Petzl <petzlx@gmail.com> - 2026-09-09 13:37 +1000
Re: test only "Rod Speed" <rod.speed.aaa@gmail.com> - 2026-09-09 15:51 +1000
Re: test only Petzl <petzlx@gmail.com> - 2026-09-09 20:22 +1000
Re: test only "Rod Speed" <rod.speed.aaa@gmail.com> - 2026-09-10 04:56 +1000
Re: test only Petzl <petzlx@gmail.com> - 2026-09-10 08:23 +1000
Re: test only "Rod Speed" <rod.speed.aaa@gmail.com> - 2026-09-10 08:58 +1000
Re: test only Petzl <petzlx@gmail.com> - 2026-09-10 11:09 +1000
Re: test only "Rod Speed" <rod.speed.aaa@gmail.com> - 2026-09-10 09:37 +1000
Re: test only Petzl <petzlx@gmail.com> - 2026-09-10 10:53 +1000
Re: test only "Rod Speed" <rod.speed.aaa@gmail.com> - 2026-09-10 13:42 +1000
Re: test only Petzl <petzlx@gmail.com> - 2026-09-10 17:43 +1000
Re: test only "Rod Speed" <rod.speed.aaa@gmail.com> - 2026-09-10 18:30 +1000
Re: test only Petzl <petzlx@gmail.com> - 2026-09-10 18:38 +1000
Re: test only "Rod Speed" <rod.speed.aaa@gmail.com> - 2026-09-10 19:07 +1000
Re: test only "Rod Speed" <rod.speed.aaa@gmail.com> - 2026-09-10 05:50 +1000
Re: test only "Rod Speed" <rod.speed.aaa@gmail.com> - 2026-09-10 07:13 +1000
Re: test only Petzl <petzlx@gmail.com> - 2026-09-09 19:35 +1000
Re: test only Newsmaster <newsmaster@ausics.net> - 2026-09-11 09:15 +1000
Re: test only Petzl <petzlx@gmail.com> - 2026-09-11 09:47 +1000
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