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National Review

| July 18, 2005 | Goldberg, Jonah | COPYRIGHT 2005 National Review, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

IN a famous scene in Mel Brooks's History of the World: Part I, Brooks plays Moses coming down from Mount Sinai. He declares, "I bring you these 15"--and then, mid-sentence, he drops one tablet, breaking it--"Ten! I bring you these Ten Commandments."

Perhaps there is wisdom here.

Last month the Supreme Court burped up one of its classic hairball rulings. There were two rulings actually--and ten opinions between them. In one ruling the Decalogue is fit for posting on state property; in the other it's verboten. It's okay outside, no good inside. There are other tests, rules, and criteria, of course. You've got to fertilize the surrounding soil with "secular" and/or "educational" bric-a brac. And in a Hayekian touch for which I actually have some sympathy, the display becomes less offensive if it's been sitting around for a long time--like the depictions hanging around the actual Supreme Court building in Washington, D.C.

Again, while I have sympathy for the idea that old things deserve more respect than new, the Court's "position" is another example of the justices' taking Yogi Berra's advice about how when you come to a fork in the road you should take it. The upshot: State institutions can recognize that America was a religious country; they just ...

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