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To: VadeRetro
A school board is not a monarchy in its realm and during its term. It is subject to the US Constitution and must respect the rights of the citizens. It can be sued for failing to do so.

A few thoughts. You're quite right, a school board is not a monarchy or even an oligarchy...it is subject to the voters. What you're implicity endorsing is a "monarchy", or really, a tyranny of the judiciary. A judge is not a monarch, and yet the judicial branch in recent decades has acted like one...and, like a monarch, a judge cannot be removed except under the most extreme cases...in essence, a judge is a judge for life.

Secondly, the Constitution addresses the prohibition of Congress (not a school board or a state) passing a religious law. So, even though the judge used the Constitution as an excuse to insert his curriculum preferences into the town's schools, such an argument is not germane.

As for being sued, anyone can be sued for anything.

I am appalled that a federal judge is deciding curriculum. The people of the city or school district have that job. Nowhere does the Constitution give the federal government ANY right to decide what local schools teach.

1,871 posted on 12/21/2005 11:07:38 AM PST by Recovering_Democrat (I am SO glad to no longer be associated with the party of Dependence on Government!)
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To: Recovering_Democrat
the Constitution addresses the prohibition of Congress (not a school board or a state) passing a religious law. So, even though the judge used the Constitution as an excuse to insert his curriculum preferences into the town's schools, such an argument is not germane.

When you get around to reading the judge's opinion, you will see that he basis his jurisdiction on a long line of cases that apply the First Amendment to the states. I don't like it either, but it's based on the 14th Amendment. It's Abe Lincoln's fault.

Also, when you read the opinion, you will learn that the judge found (as the plaintiffs originally complained) that the school board's activities violated the state constitution too.

1,878 posted on 12/21/2005 11:15:42 AM PST by PatrickHenry (... endless horde of misguided Luddites ...)
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To: Recovering_Democrat
Individual voters don't have to wait for the next election. They can sue the school board. I don't know how long it's been like that, but I suspect it's been a long time.

As for being sued, anyone can be sued for anything.

There you are. Do something stupid, deceitful, and unconstitutional and you might be sued. You might lose. That's what happened here.

1,911 posted on 12/21/2005 12:02:21 PM PST by VadeRetro (Liberalism is a cancer on society. Creationism is a cancer on conservatism.)
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