Amid all the argument over semantics and what is and is not an appropriate short hand for the rights guaranteed under the 1st Amendment (both Madison and Jefferson seemed to think that the 1st was necessary as a “wall” (Jefferson) or as “perfect separation” (Madison) between Church and State) - is lost that VERY salient point.
well, schools can teach creationism because of the establishment clause.
Orginally, as written, schools can teach creationism or have school prayer, or whatever, because the establishment clause protects the state and the localities from Federals telling them what to do. “creationism” is “an establishment of religion.
Congress shall pass no law respecting creationism
Congress shall pass no law respecting school prayer.
States can have these things, and did without anybody caring at all until 1947, when the SCt decided to clearly negate the clear meaning of the 1A.
Christine, after the debate yesterday, decided to explain what she was doing during the debate as an attempt to get Coons to talk about the free exercise clause. Unfortunately, the free exercise clause isn’t really relevant here.
Very very few people on either side of this debate have any real clue. Honestly, I think I have as good an understanding of anybody, and I am not confident at all in my mastery of this.
I recommend everyone take a look at Elk Grove - the Thomas concurrence.
But it’s also fun to just type whatever based on what little information. It can be fun to read post after post and article after article by people who really have no idea whatsoever about what they’re talking about.