You've heard the lines
in a Hollywood movie, or even seen a live court room case in America
where somebody takes the fifth. And we all know that it means
you don't have to answer the question on the grounds that it might
incriminate you - but why is it called the fifth?
The fifth of what?
It's part of the fifth
amendment to the American Constitution – the fifth amendment is
actually Due Process; the bit about incriminating yourself is included in that, or something like that – I'm not about to look it
up, if there are any scholars out there.
I heard the other day,
that Britain had written forty or so constitutions for other
countries since about the mid fifties and yet doesn't have one
itself; I knew it didn't have one itself but nothing written down in any case. The reason why they wrote those constitutions is that they
were for former members of the Commonwealth or part of the British Empire
(the colonies) and were granted independence. New countries starting out so they needed a
constitution.
Just like America.
Why doesn't Britain have
a written constitution? Or England?
Because it makes it up
as it goes along; it is formed by common law, statutes and practices
and has something to do with Magna Carta.
It came to me the other
day that I missed the word constitution; it is in constant use in
America; every time they try and do something different some clever
clogs pipes up and says that whatever they are trying to do is
against the constitution.
You hear words like constitutionality
banded about in arguments and . . well I thought I'd just mention
that as we wait for the impending strike of the clock tomorrow at
midnight to let us know that it's Christmas and as soon as we hear
that bong, we know that we have to behave differently, be kind
to each other and have a jolly time.
But going back to that
good old constitution: America separates church (religion) and state.
You are not allowed to say prayers at a state school (they call them
public schools over there), not allowed to have a copy of the ten
commandments in the foyer of your government buildings, can't say
prayers at sporting fixtures and the like, yes total separation of
church and state.
They are not allowed to
teach religion in state schools or say Goddamn on television
and this, of course, makes the population seek out religion for
themselves and they all go to church – or to the temple or mosque.
Well not all but about
80% where as here, they ram religion down your throats, have prayers
each day in parliament and schools, and the figures are the other way around with
empty churches.
I heard the other day that it costs millions to run
Lincoln Cathedral and they even charge £8 to get in – of course
it's free if you pray or come to a service; but how do they know?
So back to America and
the constitution and to Christmas and the separation of church and
state.
Why do they have
Christmas Day as a holiday? I understand Thanksgiving being a holiday
to celebrate the breaking of bread with the Indians but why
Christmas? Church and State?
By the way - the title of this post: it's 'Happy Christmas my arse' from The Pogues Fairytale of New York but I'm not allowed to use that as a title so -
Happy Christmas.
Thomas Jefferson
The
third President of the United States, whose letter to the Danbury
Baptists Association is often quoted in debates regarding the
separation of church and state.
