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To: NYer
ROFL!
This writer references the court of the 1890's. The same court that gave us segregation. The same court that gave the federal government power over the states. The same court that started us down the road of liberal activist judges!
.
5 posted on 10/14/2005 9:03:39 AM PDT by radioman
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To: radioman
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

Congress pretty clear - no need to look to original intent.
shall make no law pretty clear - no need to look to original intent.
respecting

Main Entry: 2respect
Function: transitive verb
1 a : to consider worthy of high regard : ESTEEM b : to
refrain from interfering with
2 : to have reference to : CONCERN
synonym see REGARD
- re·spect·er noun

Pretty clear - no need to look to original intent.

an establishment

Main Entry: es·tab·lish·ment
Pronunciation: is-'ta-blish-m&nt
Function: noun
1 : something established : as a : a settled arrangement;
especially : a code of laws b : ESTABLISHED CHURCH c : a
permanent civil or military organization d : a place of business or
residence with its furnishings and staff e : a public or private
institution
2 : an established order of society: as a often
capitalized : a group of social, economic, and political
leaders who form a
ruling class (as of a nation) b often capitalized : a controlling
group
3 a : the act of establishing b : the state of being established

ALSO

Main Entry: established church
Function: noun
: a church recognized by law as the official church of a
nation or state and supported by civil authority

Again, pretty clear

or prohibiting the free exercise thereof
Very clear - still no need for "original intent"

School Prayer, 10 Commandments Posted on the wall, A stone in the rotunda of the Capital - none of these violate our Constitution. None of them violate even the very first statement of the 1st amendment: "Congress shall pass no law".
Most of the states debating the Constitution had established State religions. THREE had them well after it was adopted with Massachusetts (if memory serves me correct) keeping its until the 1850's when The Commonwealth of Massachusetts eliminated it NOT the Federal Government. These people who kept their STATE established religion DEBATED and helped WRITE our Constitution - their credentials for understanding it are impeccable!
Constitutionally the Federal Government can't make any law with to regard to (See definition of respecting)establishment; either to establish or to unestablish.
That is the PLAIN, CLEAR wording of the first amendment - WITH or WITHOUT "original intent".

GE
15 posted on 10/14/2005 11:21:39 AM PDT by GrandEagle
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