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Supreme Court Justice Antonin Scalia appears to endorse that position, for he quoted this same Romans 13 passage in his article, “God’s Justice and Ours,” to prove that Christian doctrine states “government—however you want to limit that concept—derives its moral authority from God.” Government is not only the “minister of God” but it has the authority to “execute God’s wrath.”

The power of the sword is surely the power to kill or maim and certainly the power to intimidate. Scalia believes the power of the sword in this passage is “unmistakably a reference to the death penalty.”

At this point, Scalia demonstrates the absolute brilliance of the judicial rule created by neo-conservatives that requires a judge to determine the “original intent” of the writers of the Constitution. As Scalia himself describes it, “The Constitution that I interpret and apply is not living but dead…It means today not what current society…thinks it ought to mean, but what it meant when it was adopted.” Once the original thinking is determined, the judge can enforce the Constitution only as a document that is bound by the time zone in which a particular passage was written.

When I first read articles by authors who were exposing the Dominionists’ intention to extend the death penalty to cover “crimes” like adultery, rebelliousness, homosexuality, witchcraft or effeminateness, I found the death penalty extension goal to be laughable. It couldn’t be done in America.

I was wrong. I now realize that we are very close to seeing the Dominionists achieve their goal. All they need to do is to appoint a majority of judges who will adhere to the “dead Constitution” construction rule of Scalia (or what Harry Jaffa called “the original intent” construction rule). At the point when the Dominionist’s control the judiciary—that judiciary can roll back America’s body of legal jurisprudence to a century or more ago as Law Professor Patricia J. Williams pointed out.

Scalia spilled the beans in his article, “God’s Justice and Ours” when he explained how he would determine whether the death penalty is constitutional or not. His reasoning goes like this: since the death penalty was “clearly permitted when the Eighth Amendment [which prohibits ‘cruel and unusual punishments’] was adopted,” and at that time the death penalty was applied for all felonies—including, for example, the felony of horse-thieving, “so it is clearly permitted today.” Justice Scalia left no doubt that if the crime of horse stealing carried a death penalty today in the United States—he would find that law constitutional.

All a willing Dominionist Republican controlled congress need do to extend the death penalty to those people who practice witchcraft, adultery, homosexuality, heresy, etcetera, is to find those particular death penalty laws existing as of November 3, 1791, and re-instate them. No revolution is required. That’s why the battle over Bush’s judicial appointments is so crucial to the future of the America we know and love. And that’s why the clock is running out on freedom loving Americans.

Scalia himself appears to be a Dominionist, for he believes that Romans 13 represents the correct view— that government authority is derived from God and not from the people; he asserts his view was the consensus of Western thought until recent times. Like Pat Robertson, he laments that the biblical perspective was upset by “the emergence of democracy.” Taking his cue from Leo Strauss, Scalia argued, “a democratic government, being nothing more than the composite will of its individual citizens, has no more moral power or authority than they do as individuals.” Democracy, according to Scalia, creates problems, “It fosters civil disobedience.”

As Patricia Williams wrote: “God bless America. The Constitution is dead.”