[talleyman]

It goes like this. A state actor cannot take action in the absence of legislation if legislation authorizing such action would be unconstitutional.

Of course, whether or not something passes constitutional muster (such as the pledge of allegiance) depends upon the whim of judges who make it up as they go along.

While we're on hypothetical legislation, how's this one for you?

"There being no greater threat to life or liberty than exposure to Judeo-Christian concepts or artifacts, all public representations of anything associated with said beliefs or history (except for "works of art" which trash Christian beliefs or symbols) is strictly prohibited."

[lugsoul]

Not only would I disagree with your hypothetical legislation, it goes far beyond the opinions of the courts in this case and other cases. Some want to ascribe this view to the courts so they will have an argument, but this is not the law - either statutory or common law.

[jethropalerobber]

Of course, whether or not something passes constitutional muster (such as the pledge of allegiance) depends upon the whim of judges who make it up as they go along.

you seem unhappy with our third branch of government.

should we abolish it?