I'm analyzing the case on its legal merits. jwalsh07 accuses me of 'glee' at the result, all the while claiming that the case against the school board amounts to 'thoughtcrime'. Bit of a disconnect there. Yes, as a parent of public school kids, I do want my children taught biology and not superstitious nonsense. I'd prefer to handle the issue locally and democratically, as we have successfully done here in Nebraska. Do I approve of a federal lawsuit as a last ditch alternative? Probably; I think the establishment clause is important, and ultimately, since its in the US constitution, there has to be some recourse through the federal courts. And I certainly take glee in theocrats making a pigs ear of the case.
Of course, if we were discussing a different case, say the case of the student who sued his instructor at Texas Tech because the instructor would not write letters of recommendation for creationists, the sides would be reversed. In that case, intrusion of federal judges to protect the religious rights of a state university student would be entirely proper, and I'd be defending his individual right to write recommendations for whatever reasons he wanted.
Yes, it's a culture war, and it's one that neither side is fighting with any particular set of consistent jurisprudential principles. So those of us on our high horses should dismount before we get thrown off and break something :-)
The establishment clause...
Are you historically blind?
What specific religion is the federal government advocating?
Oh, it is a local decision. The federal government may actually be asked to overturn a local decision on the establishment clause.
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/estabinto.htm
As always, you have the constitution, exactly backwards.
Personally, I think the K-12 education system should be redone, parents like you should be given the voucher equal to the amount a school says it spends on the student, and you should be given the choice of where your kids go. Anywhere, parochial or not.
But then, the federal courts would not be able to interfere with local educational decisions. Like the ones you advocate.
But you sound kind of liberal to me.
LOL again Perfessor.
DK
Right, hypocrisy from the technocrats, that would be you.
I'm analyzing the case on its legal merits.
No you're not, you're analyzing based on your belief system. Which is why your legal analysis leaves much to be desired.
jwalsh07 accuses me of 'glee' at the result, all the while claiming that the case against the school board amounts to 'thoughtcrime'. Bit of a disconnect there.
No disconnect at all. Legally speaking, motivation absent an action is non justiciable, period. And evidently my accusation of glee was right on target since you admit to glee a bit further down.
Yes, as a parent of public school kids, I do want my children taught biology and not superstitious nonsense. I'd prefer to handle the issue locally and democratically, as we have successfully done here in Nebraska.
Right, but having that statist streak forces you to conclude that you know better than the parents in Dover what is good for their children. And as such, you don't hesitate to bring the power of the federal judiciary to bear.
Do I approve of a federal lawsuit as a last ditch alternative? Probably; I think the establishment clause is important, and ultimately, since its in the US constitution, there has to be some recourse through the federal courts. And I certainly take glee in theocrats making a pigs ear of the case.
The establishment clause is very important, a pity you don't understand it. And there is nothing in the constitution that allows federal courts to run local school boards at the behest of technocrats and leftists, you being the former absent a violation of rights. Nobody's rights are violated by the written statement read at the beginning of the school year. Absent coercion, the federal government has no business in local schools.
Of course, if we were discussing a different case, say the case of the student who sued his instructor at Texas Tech because the instructor would not write letters of recommendation for creationists, the sides would be reversed. In that case, intrusion of federal judges to protect the religious rights of a state university student would be entirely proper, and I'd be defending his individual right to write recommendations for whatever reasons he wanted.
You don't understand the free exercise clause either. More's the pity.
Yes, it's a culture war, and it's one that neither side is fighting with any particular set of consistent jurisprudential principles. So those of us on our high horses should dismount before we get thrown off and break something :-)
Professor, I've broken more bones than I care to remember. No big deal but please don't revert to the 'we all do it' canard. My philosophy is consistently applies. It is a philosophy consistent with the belief that the original intent of the constitution should always be the starting point and if that document needs changing it should be amended. It prevents culture wars and saves otherwise good folks from their own hypocrisy.