Putting the technical legality of the presence of the monument aside for a moment, the judge's justification for its placement has little to do with historical accuracy. He claims the Constitution is based on Biblical beliefs and based on the Christain faith of the Founders. This is absolutely not the case. It's based on French and English philosophy, among other secular inspirations, with no references to religion to be found.
Now, placement of a Ten Commandments monument in a public building is tacit promotion of a specific religion, and at the very least, it's confusing. I would rather let it stay--in addition to Hammurabi's Code, and whatever the equivalents are in the Q'uran, Talmud, Book of the Dead, and I Ching.
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"The idea that money doesn't buy you happiness is a lie put about by the rich, to stop the poor from killing them." -- Michael Caine
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