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More Separation

On the O’Donnell flap, looks like the fix is in. It fits the narrative mentioned here.

14 Responses to “More Separation”

  1. chris Says:

    Read the Insty link.

    These precocious law students, each a brilliant Constitutional law scholar in his or her own right, laughs down a candidate who correctly notes that the First Amendment doesn’t say anything about the separation of church and state that the media has ordained it to provide.

    I have a better question for these soon to be debt-ridden, unemployed attorneys: – Where in the hell is Widener Law School?

    I have been studying law for 31 years and practicing law for 28 years, and I have never heard of it.

    Lots of luck to you, youngsters.

  2. Kristopher Says:

    They probably train paralegals, chris.

    Flunkies for real lawyers.

  3. Douglas2 Says:

    Yesterday the school’s event page included an article stating “The law school audience reacted strongly to O’Donnell’s lack of familiarity with the Establishment Clause of the First Amendment”
    Today that whole paragraph has been memory-holed. I think they know a lot more about the first-amendment today than they did yesterday. Perhaps they can invite Philip Hamburger for to give a lecture there.

  4. nk Says:

    O’Donnell is an inarticulate, self-serving politician, who has gotten by on cutenes. And the more she talks, the more it’s obvious.

  5. The Packetman Says:

    O’Donnell is an inarticulate, self-serving politician, who has gotten by on cutenes. And the more she talks, the more it’s obvious.

    And that’s worse than Joe Biden how, exactly?

  6. nk Says:

    Joe Biden is not cute. 😉

    But she’s not running against him. She’s running against a man, no matter whether you like his political philosophy, who is very intelligent, educated, and a good administrator. Hmm?

    I am in Illinois. I cannot vote in Delaware. But I would not vote for O’Donnell vs. Durbin in Illinois. She’s a weirdo.

  7. Mr Evilwrench Says:

    She seems quite articulate to me, troll, certainly moreso than the marxist that can’t list more than zero of the five freedoms acknowledged in the first amendment.

  8. Mr Evilwrench Says:

    Oh, and yeah, she’s cute… them conservative chicks, you know…

  9. Sebastian The Blogless Says:

    Chris,
    With that resume, you’d think you’d have come across the very, very basic law school 101 stuff found here: http://www.au.org/about/faqs/

    To wit:

    “As James Madison, Father of the Constitution, put it “The Constitution of the U.S. forbids everything like an establishment of a national religion.” In a January 1, 1802 letter, President Thomas Jefferson wrote of the intended relationship between religion and government: “I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should make no law respecting an establishment of religion, or prohibit the free exercise thereof, thus building a wall of separation between church and state.”

    The Establishment Clause sets up a line of demarcation between religion and government in our society, and the Supreme Court determines where the line is drawn to accommodate liberties in our ever-changing society. Although the exact language is absent, the Supreme Court has repeatedly determined that the Constitution does indeed call for separation between church and state.

    Jefferson’s “wall of separation between church and state” was first noted by the Supreme Court in an 1878 opinion by Chief Justice Morrison Waite. Justice Hugo Black later reaffirmed the wall’s significance in the landmark case Everson v. Board of Education (1947). Black wrote “In the words of Jefferson, the clause against establishment of religion by law was intended to erect ‘a wall of separation between church and state.’” The wall forbids government to actually or effectively favor one religion over another, favor religion over non-religion and vice-versa. Requiring neutrality removes the authority of government from religious practice and protects each citizen’s right to express his or her personal beliefs.”

    This really isn’t hard–if you can’t have a law “respecting an establishment”, it’s kinda hard to see how you can have public officials endorsing religion or using their positions to foist it upon us.

    Even if you disagree with Messrs. Jefferson and Madison (at your own intellectual peril, obviously) and don’t think such a wall exists between church and state, it’s rather hard to see how exactly a functional 1A compliant govt would integrate the two.

    What exactly does it mean to not have the two separated? I really don’t think you Talibs really have thought that one through.

  10. Bubblehead Les Says:

    Hmm. Interesting. Funny thing about “public officials endorsing religion or using their positions to foist it upon us”. Wonder how you feel knowing that on every Military Base in the U.S., Taxpayer money is used to support an Established Religion, and that on Sunday Mornings, the Chaplain’s Flag is raised, so that Military Chaplains (who get paid from Tax dollars) can have services in buildings (paid for and built using Taxpayer dollars), and that on most Headstones in a Military Cemetery, there is some sort of Religious Symbol that was paid for out of Taxpayer dollars. Of course, on every piece of currency issued by the U.S. Government in the last 50 years is the Phrase “In God We Trust” (not Buddha, Krishna, Allah, Oden, Jove, but the Judeo-Christian usage of the word God).

    Oh, the 5-4 Hugo Black decision? Written by a man who was a Klansman, was a Lawyer for the Klan, and HATED the Roman Catholic Church. But FDR liked him for some reason.

    And many schools rent out their schools to Churches on Sunday Mornings, which SCOTUS said was perfectly legal.

    And the Government has no problem using Federal Tax Dollars (through the Pell Grants and Stafford Loans) to support places like Harvard and its School of Divinity.

    Of course, if the Federal Government didn’t support Christianity, then we could get mail on Sundays, and go the Court house, and apply for Passports, and see an IRS Agent, or talk to a DOJ Lawyer, but for some reasons Jews and Muslims have to take their Sabbath Days off sometimes to do U.S. Government business.

    Seems like that “Separation Wall” sure has a lot of holes in it.

  11. Douglas2 Says:

    Here is Jefferson talking about the establishment of the state-run University of Virginia:

    “In conformity with the principles of our Constitution, which places all sects of religion on an equal footing, with the jealousies of the different sects in guarding that equality from encroachment and surprise, and with the sentiments of the Legislature in favor of freedom of religion, manifested on former occasions, we have proposed no professor of divinity; and the rather as the proofs of the being of a God, the creator, preserver, and supreme ruler of the universe, the author of all the relations of morality, and of the laws and obligations these infer, will be within the province of the professor of ethics”

    The constitution he refers to here is that of Virginia, which is quite explicit in what is disallowed of government, and yet Jefferson feels fine enforcing state teaching that there is a god who is “creator preserver and supreme ruler of the universe” and the source of our morality and laws.

  12. Douglas2 Says:

    Oops, forgot to close my italics, go by the ” marks…

  13. Chrispy Says:

    I didn’t watch the whole debate, but I did see the clip where the audience laughed. It seemed to be that they were laughing at Coons for not knowing that the phrase “separation of church and state” does not appear in the constitution. That irked me, since the concept is clearly right there in the 1st amendment.

    Maybe in the context of the entire debate it would’ve been clearer, but it wasn’t obvious to me that the students were mocking O’Donnell at all.

  14. Sebastian The Blogless Says:

    Les–those aren’t holes in the wall, those are perfectly reasonable private practices of religion that aren’t impacted by the Wall at all (well the IGWT thing on money is a silly anachronism that we largely ignore by convention since nobody really has standing to challenge it). Offering servicemen a choice of how and where they want to worship or renting out facilities isn’t an endorsement of any particular faith.

    The Wall is simply what keeps our govt from endorsing an official religion…it’s what keeps teachers from indoctrinating the faith of their choice in their students. It’s what keeps Catholic dominated legislatures from passing laws about how Protestants should worship.

    This isn’t hard.

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