The Foundation of Our Law?

A great man once told me that he expected the years immediately before and after the Millenium to be frought with religious ferver. He said those years would have much uncertainty, and one human response to uncertainty is to cling all the tighter to religion. It remains no surprise to me that this has come to pass. In fact I believe the uncertainty effect is beginning to recede - and I cite as evidence the current debate about whether the Ten Commandments, delivered unto Moses, are "the Foundation" or our current legal system. It seems to me that considering this question alone brings the realization that in some ways our civilization has swung too far towards religiosity, and the pendulum is beginning its reverse course.

Are the Ten Commandments the Foundations of our current legal system?

By definition, being the foundation means that our legal system is built upon the Commandments. Is this true? Following are the Commandments - paraphrased, but based upon Exodus 20 as published in the Catholic Bible - and my estimation as to whether each is a basis to our laws.

#1 You shall have no other gods before me, you shall not make or worship idols
The Constitution of the United States specifies that our legal system should be silent on the matter of religion, which means that America does not have a state religion, and America can not force her citizens to adhere to a religion. It is therefore a right of Americans to be atheistic, agnostic, buddist, rastafarian, etc. Also, in connection with many of the religions practiced in America, we have many, many "graven images." This Commandment is purposefuly excluded from our legal system

#2 Do not take the Lord's name in vain
We have a traditon of, and right to, "Free Speech" in America. We hold "Speaking truth to power" in high esteem. We don't even have to get into a discussion of what "taking His name in vain" means. This one is also purposefuly excluded from our legal system.

#3 Keep the Sabbath holy
The Sabbath was orignally, and is still for Jews, sundown Friday to sundown Saturday. For most Christians, the Sabbath is now understood to be Sunday, or even just Sunday morning. During a portion of America's Colonial period, some locales banned work/commercial enterprise on Sunday. In recent years, many locales have banned the sale of alcohol on Sundays (except in restaurants). However, even during our Colonial period, most locales allowed commerce and work on Sundays. By the time of the Industrial Revolution, working seven days a week was required. Our current weekend, including the sabbath, came from the changes wrought by labor unions - changes usually supported by Churches, but which had little to do with religion. In the case of alcohol sales the laws are more a vestige of Prohibiton than a compliance with this Commandment. So again my answer is this is not in our laws.

For the first three Commandments then, it seems to me that rather than being enshrined, they are specifically shunned by our American legal system. So far, we're 0 for 3.

#4 Honor your Father and Mother
This Commandment is not included in our laws either. Our legal system recognizes many rights, responsibilities and privileges of parents - to and from the State. But nothing in our laws requires our Children to honor us. 0 for 4.

#5 You shall not kill
I'll agree this Commandment is in our laws. However, it should be noted that our laws allow exceptions not included in the Commandment - like war and self defense. Any way, we're at 1 for 5.

#6 No adultery
Adultery can be grounds for divorce, but it is not illegal. There have been times in our history when it was illegal for the wife to be adulterous. but in those times it was not illegal for the husband - go figure.

#7 Do not steal
This one is definitely in our laws, notwithstanding the legalistic argumets surrounding what constitutes "stealing." Now we are at 2 for 7.

#8 Do not bear false witness
This one is tough. It is illegal to lie to police, agents of the government, etc. and it is illegal to give false testimony on the witness stand. However, it is not illegal to present the portion of a story which makes one look good (advertising), or to gossip, or to rumor-monger. I think we can only give this one half credit - so we are 2.5 for 8.

#9 Do not covet your neighbor's wife
#10 Do not covet your neighbor's possesions
Rather than outlaw covetousness, we celebrate it. We call it "Keeping up with the Joneses." Our laws are silent about proscribing thought.

That brings the total score to 25%. This is not what I would call a foundation for our legal system.

The counter to my refutation might be that the Ten Commandments are the basis for civilization itself. We all regardless of religion tend to teach our children at least 5 of the listed proscriptions. We teach our children not to lie, cheat, steal, murder, or commit adultery and we teach them to honor us - so there is some basis to the argument. However, these proscriptions transcend one religion. They are taught pretty much by every religion, and they are taught pretty much by every society.

My conclusion is therefore that the Ten Commandments in part reflect some of the rules wihtout which a society could not function. This is happy coincedence, only.