- May 28, 2015
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- US-Constitution
Has the decision been reversed? In not then it is what it is......reegardless of what any future justices might say.Yes, Joel Barlow negotiated the Treaty of Tripoli. Yes, he is not considered a Founding Father. He was an American diplomat who had served as a military chaplin during the Revolution. However, the Treaty--including Article 11--was ratified by the United States Senate. Once a treaty is ratified it is given the weight of law.
Yes, Justice Brewer, who authored the opinion, did write that the United States is a "Christian nation." However, his statement is considered to be dicta and is given no precidential value. The late Justice Antonin Scalia, a great conservative, criticized the the Holy Trinity case as "nothing but an invitation to judicial lawmaking."
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