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When Real Judicial Conservatives Attack [Dover ID opinion]
The UCSD Guardian ^ | 09 January 2005 | Hanna Camp

Posted on 01/09/2006 8:26:54 AM PST by PatrickHenry

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Link to the opinion: Kitzmiller et al. v Dover Area School District et al..

This article is a good analysis of the attitude of the losing side. [Bold, underlining and color-blocking added by me.]

1 posted on 01/09/2006 8:26:55 AM PST by PatrickHenry
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To: VadeRetro; Junior; longshadow; RadioAstronomer; Doctor Stochastic; js1138; Shryke; RightWhale; ...
Evolution Ping

The List-O-Links
A conservative, pro-evolution science list, now with over 330 names.
See the list's explanation, then FReepmail to be added or dropped.
To assist beginners: But it's "just a theory", Evo-Troll's Toolkit,
and How to argue against a scientific theory.

2 posted on 01/09/2006 8:28:15 AM PST by PatrickHenry (ID is to biology what "Brokeback Mountain" is to western movies.)
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To: PatrickHenry

If teaching religion is forbidden in the classroom, why is my child taught in school about Mecca, the beliefs of Islam, and some of their practices? Why is the creation story of the Cheyenne taught in school, but the creation story of Christians forbidden?

Must be some more of that mystery fine print in the constitution that only liberals can read.


3 posted on 01/09/2006 8:41:38 AM PST by kingu
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To: PatrickHenry

It's also a good analysis of the encroaching uselessness of the term "judicial activist." As the author noted, judicial activism is an actual problem, with an actual definition. Unfortunately, it is quickly becoming a meaningless epithet tossed at any and all judges whose rulings don't happen to coincide with a particular ideology.


4 posted on 01/09/2006 8:41:50 AM PST by Chiapet
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===> Placemarker <===
5 posted on 01/09/2006 8:42:16 AM PST by Coyoteman (I love the sound of beta decay in the morning!)
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To: PatrickHenry
Funny how so many creationist groups seemed to have missed the memo that intelligent design isn’t supposed to be about God at all.

This dissimulation over religion has been at once the funniest and most disturbing aspect of this whole affair.

This same mindset is going to torpedo Samuel Alito. The last thing he needs is a bunch of--dare I say it--activists holding rallies in churches, braying about how the confirmation of Alito is the first step in bringing religion back into the public sphere. With friends like these, Alito needs no enemies.

6 posted on 01/09/2006 8:42:48 AM PST by Physicist
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To: PatrickHenry

Driving "nonsense" out of the classroom, huh?

Until evolutionists can demonstrate how a strand of DNA can self-assemble, survive in a hostile chemical environment, and purposelessly begin to reproduce and form the form the first living cell, I'd say the theory is baloney.

People need to learn to think for themselves and reject the "received knowledge" from evolutionists with their own stubborn belief system.


7 posted on 01/09/2006 8:42:59 AM PST by Elpasser
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To: kingu

Don't expect an answer from our evo friends.


8 posted on 01/09/2006 8:43:57 AM PST by mlc9852
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To: kingu
If teaching religion is forbidden in the classroom, why is my child taught in school about Mecca, the beliefs of Islam, and some of their practices? Why is the creation story of the Cheyenne taught in school, but the creation story of Christians forbidden?

Because teaching about religion in the context of history and culture is not forbidden.

9 posted on 01/09/2006 8:44:03 AM PST by Antonello (Oh my God, don't shoot the banana!)
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To: PatrickHenry

There are at least two separate issues here, although they are interlinked.

First of all, there is NO SUCH PHRASE in the Constitution as "Wall of separation between Church and State." That phrase was in a private letter from ONE of the numerous authors of the Constitution, is not part of the Constitution, and cannot be used to define the First Amendment EXCEPT BY ACTIVIST JUDGES.

The First Amendment says that there shall be no "establishment of religion" on a national level. The meaning of "establishment" historically is well known. It means a single state church, a single official church. The model the Founders were clearly thinking of was the Church of England, which at times the English monarchy had tried to foist on the American colonies as their official church.

At a secondary level, they were probably thinking of the Catholic Church in France, also an established national religion at that time, or the Lutheran Church in one of the Protestant German states.

The Constitution could and did permit establishment of religion within the states, if the citizens of those states chose to do so. Massachusetts had an established religion, as did several other states, and people who didn't like it were welcome to move to Rhode Island and Connecticut with Anne Hutchinson.

In later times, the citizens of the states freely and by their own votes ended these established churches. But there is nothing in the Constitution that would prevent them from reestablishing a religion in any state in the unlikely event that they chose to do so.

Still less is there anything in the Constitution that forbids praying in public, putting up Christian monuments on state or municiple land, or (probably) putting up nondenominational Christian monuments on federal land. There is nothing to forbid teaching of or about religion in the public schools. There is nothing to forbid saying that God created the universe. That was taught in all of our public schools until activist judges and closed minded fanatics managed to outlaw it.

The second issue is whether Darwinism has a monopoly on the truth, and should be enabled to demand that no competition will be permitted. I don't think so. But I've argued that on other threads and will not do so here. All I will say is that every one of these threads make it evident that Darwinists are closed minded, refuse to brook any competition, insist on a monopoly to brainwash our children who must never be permitted to hear any alternative views or questions, and ARE CLEARLY NOT CONSERVATIVE on any of these issues.

Perhaps they should wonder why they inevitably find themselves allied with the ACLU every time the issue of public school teaching arises.


10 posted on 01/09/2006 8:45:59 AM PST by Cicero (Marcus Tullius)
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To: Elpasser

"Until evolutionists can demonstrate how a strand of DNA can self-assemble, survive in a hostile chemical environment, and purposelessly begin to reproduce and form the form the first living cell, I'd say the theory is baloney. "



Until IDers can demonstrate the existence of a Designer (and address who designed the Designer), I'd say that the idea of ID (because it's not a theory) is baloney.

Until Creationists can demonstrate the creation of a young-Earth and prove the Earth is <10,000 years old (i.e. Biblical Creationism), I'd say that Creationism as scientific theory is baloney.


11 posted on 01/09/2006 8:46:03 AM PST by Blzbba (Sub sole nihil novi est)
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To: PatrickHenry
This is an activist decision...but because of anything to do with the substance of the decision

The real issue is not whether ID is science or creationism disguised as science...the real issue is who decides what students are taught...local school boards or federal courts.

What goes in a school in Dover, PA is a purely local issue. The Establishment Clause of the US Constitution has been so perverted since the 1947 Everson case that most people do not know that it applies to Congress and the federal government only. It would matter not one bit if the Dover schools spent an entire semester teaching about birth of Jesus...that is a state and local issue...and the federal government has no authority here. Granted courts, since 1947, have pretended that the First Amendment applies to local schools, towns and states...but it does not....and that is an easily provable fact. Applying the Constitution's prohibition on federal establishment of religion to state and local issues is judicial activism in every sense of the phrase

12 posted on 01/09/2006 8:46:10 AM PST by Irontank (Let them revere nothing but religion, morality and liberty -- John Adams)
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To: PatrickHenry
In his decision, Judge John E. Jones III ruled that not only is the theory of intelligent design religion poorly dressed in science language, teaching it in class is an outright violation of the First Amendment.

Well, I guess the issue is settled then. We all know that people with law degrees are completely qualified to make arbitrary determinations regarding what is and isn't scientific. By the way, that was sarcasm, people.

The author of this article shows her ignorance right off the bat by declaring the term "judicial activism" to be a false one, while immediately lauding an instance of that judicial activism. Whether intelligent design is a legitimate science or not is not the question. The question is whether it is within the jurisdiction of the court system to determine such a thing. Add to that the fact that the study of religion-related issues is not the same as promoting the religion itself. For instance, one could have a class completely devoted to the study of the Bible, as it is the most influential book in history, without it being a state-endorsed religion. In fact, any school that doesn't teach anything about Judeo-Christianity and the Bible isn't worth a damn, because no accurate history, literature, or law class would be complete without it.
13 posted on 01/09/2006 8:47:08 AM PST by fr_freak
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To: Elpasser
Until evolutionists can demonstrate how a strand of DNA can self-assemble, survive in a hostile chemical environment, and purposelessly begin to reproduce and form the form the first living cell, I'd say the theory is baloney.

Is there another theory that demonstrates how a strand of DNA does this?
14 posted on 01/09/2006 8:47:13 AM PST by drjimmy
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To: Physicist
This dissimulation over religion has been at once the funniest and most disturbing aspect of this whole affair.

It's also one of the dumbest. The entire purpose behind the construct of ID was to somehow slip creationism past the First Amendment radar detectors of the federal courts, while at the same time it would be enthusiastically supported by creationists' buying the books and tapes.

15 posted on 01/09/2006 8:52:10 AM PST by PatrickHenry (ID is to biology what "Brokeback Mountain" is to western movies.)
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To: kingu
If teaching religion is forbidden in the classroom, why is my child taught in school about Mecca, the beliefs of Islam, and some of their practices?

Last time I checked, none of this is taught in biology class.

Why is the creation story of the Cheyenne taught in school, but the creation story of Christians forbidden?

It is not forbidden. When I was in high school, we read the Bible in literature class. Some high schools have comparative religion class, in which the Christian story is compared to various others.

The only thing forbidden is attempting to pass off religion as science, which is exactly what happened in Dover.

16 posted on 01/09/2006 8:52:30 AM PST by curiosity
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To: Cicero
But there is nothing in the Constitution that would prevent them from reestablishing a religion in any state in the unlikely event that they chose to do so.

Exactly right...but, unfortunately, few people seem to get this (not so complicated) nuance of Constitutional law...and the federal courts now have 60 years of illegitimate rulings behind them which they can cite as some kind of authority for interjecting themselves in every local issue state-religion issue

17 posted on 01/09/2006 8:52:53 AM PST by Irontank (Let them revere nothing but religion, morality and liberty -- John Adams)
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To: PatrickHenry
....this case came to us as the result of the activism of an ill-informed faction on a school board, aided by a national public interest law firm eager to find a constitutional test case on intelligent design, who in combination drove the Board to adopt an imprudent and ultimately unconstitutional policy. The breathtaking inanity of the Board’s decision is evident when considered against the factual backdrop, which has now been fully revealed through this trial.
[emphasis added]

When a Bush appointed conservative Republican judge rules against ID with language like that, you know IDs time has come and gone. Defendants who lied under oath, expert defense witnesses who admitted there was no positive evidence for ID published in peer-reviewed science journals nor any experiments or research to back it up, and an activist law firm that shopped ID policy to school boards around the country to "gen up" a court challenge; ID's demise was orchestrated by a conspiracy of clowns, nitwits, and agenda-driven fanatics -- all of whom were on the pro-ID side.

Stick a fork in ID; in time, Dover will be seen as ID's Waterloo..... ID's demise will be recorded as a case intellectual suicide.

18 posted on 01/09/2006 8:53:41 AM PST by longshadow (FReeper #405, entering his ninth year of ignoring nitwits, nutcases, and recycled newbies)
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To: Irontank

Bingo on who decides.


19 posted on 01/09/2006 8:53:54 AM PST by Madeleine Ward
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To: fr_freak
From the article: "Gratuitous overuse has, in just a few short years, turned the phrase “judicial activism” from a description of an actual problem in the legal system into a catch-all keyword for any ruling that social conservatives dislike."

You: "The author of this article shows her ignorance right off the bat by declaring the term "judicial activism" to be a false one, while immediately lauding an instance of that judicial activism."

Spin only works if it has some resemblance to the subject being "spun".

20 posted on 01/09/2006 8:55:19 AM PST by atlaw
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