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To: lugsoul
That view is contrary to the entirety of Establishment Clause jurisprudence.

Ah, there it is. You're blinded by the "jurisprudence" on this issue. Tell me, if Dred Scot was still in vogue today - if the jurisprudence still upheld the Dred Scot decision - would you be here arguing that slaves are just property. No, instead you would recognize that the decisions on the issue from Dred Scot up until today were WRONG. Just as we are arguing that the distorted interpretations of the establishment clause and the ensuing decisions and enforcements are WRONG.

Just because the Supreme Court was established by the Constitution does not make them the final arbiter of whether the contract (the Constitution) is being breached or not. The contract was between the several States and the new Federal (not National - I really hope you will learn the difference) Government. The States are still sovereign and still have a say in the matter.

Your model would be like a group of companies contracting with a builder to build a skyscraper for them and then letting ONLY the builder's legal department be the final arbiter of whether the builder is meeting the contract or not. The companies would have no say when the builder uses the contract to continue collecting money from the companies and to start building all kinds of stuff in addition to the teetering skyscraper because the legal department keeps declaring the alterations and additional projects to be within the contract.

386 posted on 07/02/2003 7:49:07 AM PDT by Spiff (Liberalism is a mental illness - a precursor disease to terminal Socialism.)
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To: Spiff
Just because the Supreme Court was established by the Constitution does not make them the final arbiter of whether the contract (the Constitution) is being breached or not.

Then who is?

388 posted on 07/02/2003 7:53:07 AM PDT by Catspaw
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To: Spiff
Just because the Supreme Court was established by the Constitution does not make them the final arbiter of whether the contract (the Constitution) is being breached or not.

Then you reject the holding of Marbury v Madison, something which fixed what I consider a flaw in the Constitution.

Congress is now free to pass unconstitutional laws and your only recourse is to vote in new legislators who will repeal them.

389 posted on 07/02/2003 7:54:00 AM PDT by Dog Gone
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To: Spiff
You still won't answer the question -

Can any state legally prohibit speech criticizing the state government?

Can any state ban the practice of a particular religion?

Based on your argument, they can.

394 posted on 07/02/2003 8:00:29 AM PDT by lugsoul
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