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To: SmithL
I am not about to panic by anything the 9th Circus Court says, but...

I hope some bright legal type can explain to me how the clowns found in the Constitution such a right accruing to schools when schools are not even mentioned in the Constitution.
An explanation is not too much to expect, is it?
I know it's called an opinion, but it can't be an arbitrary one.

15 posted on 11/02/2005 2:36:13 PM PST by Publius6961 (Liberal level playing field: If the Islamics win we are their slaves..if we win they are our equals.)
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To: Publius6961
I hope some bright legal type can explain to me how the clowns found in the Constitution such a right accruing to schools when schools are not even mentioned in the Constitution.

Just because the Constitution for the United States doesn't mention public schools, doesn't preculde the several States from instituting them. See the Tenth Amendment.

I know it's called an opinion, but it can't be an arbitrary one.

From what I can tell, it's a matter of in loco parentis, IOW when you drop off your kids to a public school, you have tacitly assented to accepting what they do per the written policies and procedures of your local school district. You have every right to bitch about it at the school board or elect different offals who'll fire the principal, but that is your recourse.

56 posted on 11/02/2005 4:47:05 PM PST by Carry_Okie (The fourth estate is the fifth column.)
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To: Publius6961

Actually, and I haven't read the actual opinon, as I don't have time to try to grasp the tripe that comes out of that kangaroo court, but it appears that you are reading it backward.

The Court did not necessarily find that the schools have the Constitutional right to do this, it did find that the parents do not have the Constitutional right to prevent it.

A significant difference, legally speaking! But of course they may have elaborated in the body of the opinion, prior disclaimer noted....


75 posted on 11/02/2005 7:07:22 PM PST by GatorGirl
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