From Justice Scalia, a Chilling Vision of Religion’s Authority in America
Earlier this year Antonin Scalia decided to share some aspects of his worldview with the public. His inspiration seems to have been the death penalty: recent debates with his colleagues on the Supreme Court and his general reflections on the legitimacy of the state taking to itself the power to kill a citizen. Justice Scalia spoke on these matters at the University of Chicago Divinity School in January, beginning with the ritual disclaimer that "my views on the subject have nothing to do with how I vote in capital cases"; his remarks appeared in the May issue of First Things: The Journal of Religion and Public Life. They are supplemented by his dissent to the court's decision on June 20 that mentally retarded people should not be executed. Justice Scalia's remarks show bitterness against democracy, strong dislike for the Constitution's approach to religion and eager advocacy for the submission of the individual to the state. It is a chilling mixture for an American.

Because Mr. Scalia is on the Supreme Court, and because President Bush has held him up as an example of judicial greatness, his writings deserve careful attention.

Mr. Scalia seems to believe strongly that a person's religious faith is something that he or she (as a Roman Catholic like Mr. Scalia) must take whole from church doctrine and obey. In his talk in Chicago, Mr. Scalia noted with relief that the Catholic Church's recent opinion that the death penalty was very rarely permissible was not "binding" on Catholics. If it had been, Mr. Scalia said, this teaching would have led the church to "effectively urge the retirement of Catholics from public life," given that the federal government and 38 states "believe the death penalty is sometimes just."

Mr. Scalia apparently believes that Catholics, at least, would be unable to uphold, as citizens, views that contradict church doctrine. This is exactly the stereotype of Catholicism as papist mind control that Catholics have struggled against throughout the modern era and that John F. Kennedy did so much to overcome. But Mr. Scalia sees submission as desirable — and possibly the very definition of faith. He quotes St. Paul, "For there is no power but of God: the powers that be are ordained of God."

"The Lord," Mr. Scalia explained in Chicago, "repaid — did justice — through His minister, the state."

This view, according to Mr. Scalia, once represented the consensus "not just of Christian or religious thought, but of secular thought regarding the powers of the state." He said, "That consensus has been upset, I think, by the emergence of democracy." And now, alarmingly, Mr. Scalia wishes to rally the devout against democracy's errors. "The reaction of people of faith to this tendency of democracy to obscure the divine authority behind government should not be resignation to it, but the resolution to combat it as effectively as possible," he said in Chicago.

Mr. Scalia is right about one thing. Modern democracy did upset the divine authority of the state. That has usually been considered by Americans to have been a step forward. The great 17th-century dissenter Roger Williams declared that government derived no authority whatsoever from God, but was "merely human and civil." Thomas Jefferson put matters bluntly in 1779: "[O]ur civil rights have no dependence on our religious opinions any more than on opinions in physics or geometry."

That view prevailed among the framers at Philadelphia in 1787. Throughout their debates, even when they prayed for divine guidance, they rejected the idea that political authority lay with anyone or anything other than the sovereign people. The only extended discussion of religion in the Federalist Papers has James Madison listing zeal in religious opinion as one of "the latent causes of faction" that cause men "to vex and oppress each other" and that need institutional checks.
http://www.nytimes.com/2002/07/08/opinion/08WILE.html