School held prayer services before tests (how much, private school, gun control, articles)
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I'm not asking you whether or not it would be wise for a state government to do that - I'm asking you whether you believe a state government could do so legally.
Basically, do you think that a state can legally violate a person's right to freedom of speech and freedom of assembly? Seems like you think the answer is yes, but I'll wait to hear from you.
But yes, the Constitution prohibits Congress from banning political parties under the Free Speech Clause.
Irrelevant question. The Founding Fathers were abundantly clear they wanted to practice free religion with no interference from the federal government. The fact that there was already state religions shows that they didn't have an issue with them.
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Strawmen arguments don't help here. I admire our Constitution, and it's one of the most remarkable political documents ever drafted.
Then stop it.
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I am absolutely not saying that the Constitution should be read differently than written. What I am saying is that words are often unclear. For example, "Congress shall make no law respecting an establishment of religion." It raises several questions - at what point does a law respect an establishment of religion; what constitutes a law under this, a statute, regulation, any action; can an agency mandate religion by regulation?
Sounds to me like "Congress shall make no law respecting an establishment of religion."
They didn't care what the states did--they didn't want the Feds walking on their rights. You really need a Civics lesson. You apparently have no clue.
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We can answer those questions by going back to what the Framers stated. That's certainly doable and advisable in most circumstances. Another possibility is to apply the Establishment Clause in the modern context, and in conjunction with the 14th Amendment, which incorporates most of the requirements of the Bill of Rights to state and local governments. Those restrictions on the federal government that had been present since 1789 have also been restrictions on state and local governments for almost 100 years now.
You realize the 14th Ammendment was not written at the time of the Constitution, right? It didn't mention religion, and it didn't address the subject. Honestly....you are just not making a lot of sense.
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For example, if we evaluate the constitutionality of say, the Civil Rights Act, based solely on what the Framers said and believed, then it would be plainly unconstitutional. Our Framers had ideas on race that would be considered abhorrent today, and they would have disapproved of the Civil Rights Act, Voting Rights Act, and other civil rights legislation.
Except that slavery was specifically addressed in the 13th Ammendment. Unless, of course, a later court decides to reinterpret it and say it's ok. Your method of reading it would seem to suggest that is a possibility.
You realize the 14th Ammendment was not written at the time of the Constitution, right? It didn't mention religion, and it didn't address the subject. Honestly....you are just not making a lot of sense.
Once again, and slower this time.
The 14th amendment made the 1st applicable to the states and all other governmental entities.
The 1st contains the religion clauses.
Thus the 1st, and all cases interpreting it, apply to the states and to school boards too.
I already once posted the flyer that was being passed out. It explicitly listed a bible verse. Jeremiah 33:3, to be exact. Not many muslims I know of would reference Jeremiah 33:3.
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Originally Posted by alphamale
Wrong.
The school does not represent congress.
No, but the Supreme Court has explicitly stated that an authority-led prayer in school is unconstitutional.
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Originally Posted by Calvinist
as long as we have nitwits that can't tell the difference between Congress and a local government, yah.....they are too dumb.
In case you missed it: The Supreme Court has explicitly stated that an authority-led prayer in school is unconstitutional.
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Originally Posted by alphamale
You obviously ignore that part of the 1st amendment.
Again (for emphasis): The Supreme Court has explicitly stated that an authority-led prayer in school is unconstitutional.
So, if authority-led prayer in school has been unconstitutional for nearly 50 years and has been held up as precedent in numerous cases over the course of the last 50 years... there's only one conclusion:
As things are right now, the actions of this school's principal are... Unconstitutional.
as long as we have nitwits that can't tell the difference between Congress and a local government, yah.....they are too dumb.
It is you two that don't seem to grasp the effect of the 14th amendment.
An effect that is not a matter of opinion, but of fact and law.
Epic fail for both of you.
The same laws that used to apply only to Congress now apply to all governmental entities.
This has been explained at length, yet you still keep getting it wrong...
Why is that?
You just don't like it, so you pretend it doesn't exist?
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