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To: andrewhorning

The judge could not have ruled any other way. The Supreme Court has interpreted the "Congress shall make no law respecting" clause. For a lower court to rule against the Supreme Court would be judicial activism.

The S.C. has spoken on the issue, whether you like it or not, these cases must be judged against the Lemon Test.

The only way to change it would be for the S.C. to overrule their previous ruling (not likely) or for congress to amend the constitution (not likely, but more likely that the first)


5 posted on 12/29/2005 12:51:34 PM PST by ndt
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To: ndt

"The judge could not have ruled any other way."

excuse me, my brain is a bit foggy after the nap.

shoud be "Judges can not rule any other way."


7 posted on 12/29/2005 12:57:26 PM PST by ndt
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