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Topic: Religions > Atheism
User: ""
Date: 06 Nov 2005 02:46:15 PM
Object: ‘Intelligent design’ trial ends
http://www.columbiatribune.com/2005/Nov/20051105News013.asp
[excerpt]
‘Intelligent design’ trial ends
Judge expected to issue ruling by January.
Published Saturday, November 5, 2005
HARRISBURG, Pa. (AP) - A lawyer for eight families urged a federal judge
yesterday to overturn a policy that requires the discussion of "intelligent
design" in biology classes, saying it improperly promotes religion in
schools.
A lawyer for the school board defended the policy, explaining that it was
intended to call attention to a new "science movement."
The families’ attorney, Eric Rothschild, said the concept promotes the
Bible’s view of creation with its belief that evolution cannot fully
explain the origin of life or the emergence of highly complex life forms.
"Intelligent design became the label for the board’s desire to teach
creationism," Rothschild said in closing arguments.
Patrick Gillen, a lawyer for the Dover Area School Board, argued that the
concept was intended to call attention to "a new fledgling science
movement."
The policy requires students to hear a statement about intelligent design
before ninth-grade biology lessons on evolution.
The statement says Charles Darwin’s theory is "not a fact," has
inexplicable "gaps" and refers students to a textbook for more information.
Eight families are suing to end the practice, saying it violates the
constitutional separation of church and state.
The lawyers wrapped up a six-week trial that featured expert witnesses for
each side debating intelligent design’s scientific merits. Other witnesses
clashed over whether creationism was discussed in school board meetings
months before the curriculum changed in 2004.
[end of excerpt]
*****************************************************************
Posting and reading from alt.politics.usa.constitution OR alt.education
You are invited to check out the following:
The Rise of the Theocratic States of America
http://members.tripod.com/~candst/theocracy.htm
American Theocrats - Past and Present
http://members.tripod.com/~candst/theocrats.htm
The Constitutional Principle: Separation of Church and State
http://members.tripod.com/~candst/index.html
[and to join the discussion group for the above site and/or Separation of
Church and State in general, listed below]
HRSepCnS · Hampton Roads [Virginia] SepChurch&State
http://groups.yahoo.com/group/HRSepCnS/
[Its not just Hampton Roads folks who are members, there are members from
all over the U.S. and a couple from overseas as well]
***************************************************************
.. . . You can't understand a phrase such as "Congress shall make no law
respecting an establishment of religion" by syllogistic reasoning. Words
take their meaning from social as well as textual contexts, which is why "a
page of history is worth a volume of logic." New York Trust Co. v. Eisner,
256 U.S. 345, 349, 41 S.Ct. 506, 507, 65 L.Ed. 963 (1921) (Holmes, J.).
Sherman v. Community Consol. Dist. 21, 980 F.2d 437, 445 (7th Cir. 1992)
.. . .
****************************************************************
THE CONSTITUTIONAL PRINCIPLE:
SEPARATION OF CHURCH AND STATE

http://members.tripod.com/~candst/index.html
****************************************************************
.

User: "DaveJr"

Title: Re: 'Intelligent design' trial ends 06 Nov 2005 04:08:00 PM

'Intelligent design' trial ends
Judge expected to issue ruling by January.

Published Saturday, November 5, 2005

HARRISBURG, Pa. (AP) - A lawyer for eight families urged a federal judge
yesterday to overturn a policy that requires the discussion of

"intelligent

design" in biology classes, saying it improperly promotes religion in
schools.

A lawyer for the school board defended the policy, explaining that it was
intended to call attention to a new "science movement."

The families' attorney, Eric Rothschild, said the concept promotes the
Bible's view of creation with its belief that evolution cannot fully
explain the origin of life or the emergence of highly complex life forms.

"Intelligent design became the label for the board's desire to teach
creationism," Rothschild said in closing arguments.

Patrick Gillen, a lawyer for the Dover Area School Board, argued that the
concept was intended to call attention to "a new fledgling science
movement."

The policy requires students to hear a statement about intelligent design
before ninth-grade biology lessons on evolution.

The statement says Charles Darwin's theory is "not a fact," has
inexplicable "gaps" and refers students to a textbook for more

information.


Eight families are suing to end the practice, saying it violates the
constitutional separation of church and state.

The lawyers wrapped up a six-week trial that featured expert witnesses for
each side debating intelligent design's scientific merits. Other witnesses
clashed over whether creationism was discussed in school board meetings
months before the curriculum changed in 2004.
[end of excerpt]

Friggen monkey trials in the 21st century, jeeesh. Furthermore...doesn't
our court system revolve around PROOF!
.

User: "Gray Shockley"

Title: reference: Intelligent design’ trial ends 06 Nov 2005 06:16:47 PM
On Sun, 6 Nov 2005 08:46:15 -0600,
wrote:

Patrick Gillen, a lawyer for the Dover Area School Board, argued that the
concept was intended to call attention to "a new fledgling science
movement."

The Flat Earth "theory"?
Gray Shockley
--------------------------
Now my own suspicion is that the
Universe is not only queerer than
we suppose, but queerer than
we can suppose.
- J. B. S. Haldane
.

User: "fred"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 06 Nov 2005 09:31:07 PM
alt.education removed
As I've mentioned elsewhere, the Christian right, and Christians in
general whom the Christian right misguides, don't understand that the
United States (federal government) is not founded on so-called
Christian principals or that the 10th Amendment reserved the power to
legislate religion for the States since the 1st Amendment explicitly
prohibited this power only to Congress.
Activist judges, separationists and atheists, on the other hand, don't
understand that the 14th Amendment, not the outcome-driven Everson
interpretation of the establishment clause, is what protects their
personal federal rights from the Christian right who can reasonably be
expected to get overzealous with the 10th Amendment protected sovereign
powers of the States to legislate religion.
The 1st Amendment prohibits laws that puts tests on free speech,
religious free speech included, such as what classrooms such free
speech is permitted in (deja vu with respect to segregated bussing) or
if that free speech is based on scientific fact. So the only reason
that anti-religious expression separationists have resorted to taking
Christians to Constitution-ignoring, activist judges whenever religious
free speech issues arise is because such judges are willing to
unlawfully legislate such tests from the bench on a case by case basis
in order to unconstitutionally stifle free religious speech. But
consider these words from Jefferson:
"One of the amendments to the Constitution... expressly declares that
'Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof, or abridging the freedom of
speech, or of the press,' thereby guarding in the same sentence and
under the same words, the freedom of religion, of speech, and of the
press; insomuch that whatever violates either throws down the sanctuary
which covers the others." --Thomas Jefferson: Draft Kentucky
Resolutions, 1798. ME 17:382
.
User: "David Jensen"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 06 Nov 2005 09:36:56 PM
On 6 Nov 2005 13:31:07 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131312667.649580.95430@g47g2000cwa.googlegroups.com>:

alt.education removed

As I've mentioned elsewhere, the Christian right, and Christians in
general whom the Christian right misguides, don't understand that the
United States (federal government) is not founded on so-called
Christian principals or that the 10th Amendment reserved the power to
legislate religion for the States since the 1st Amendment explicitly
prohibited this power only to Congress.

Activist judges, separationists and atheists, on the other hand, don't
understand that the 14th Amendment, not the outcome-driven Everson
interpretation of the establishment clause, is what protects their
personal federal rights from the Christian right who can reasonably be
expected to get overzealous with the 10th Amendment protected sovereign
powers of the States to legislate religion.

The 1st Amendment prohibits laws that puts tests on free speech,
religious free speech included, such as what classrooms such free
speech is permitted in (deja vu with respect to segregated bussing) or
if that free speech is based on scientific fact. So the only reason
that anti-religious expression separationists have resorted to taking
Christians to Constitution-ignoring, activist judges whenever religious
free speech issues arise is because such judges are willing to
unlawfully legislate such tests from the bench on a case by case basis
in order to unconstitutionally stifle free religious speech. But
consider these words from Jefferson:

"One of the amendments to the Constitution... expressly declares that
'Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof, or abridging the freedom of
speech, or of the press,' thereby guarding in the same sentence and
under the same words, the freedom of religion, of speech, and of the
press; insomuch that whatever violates either throws down the sanctuary
which covers the others." --Thomas Jefferson: Draft Kentucky
Resolutions, 1798. ME 17:382

Let's see, you deleted the message that you were responding to and
posted something that you have posted again and again in response to it.
Why?
.
User: "fred"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 06 Nov 2005 09:55:24 PM
David Jensen wrote:

On 6 Nov 2005 13:31:07 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131312667.649580.95430@g47g2000cwa.googlegroups.com>:

alt.education removed

As I've mentioned elsewhere, the Christian right, and Christians in
general whom the Christian right misguides, don't understand that the
United States (federal government) is not founded on so-called
Christian principals or that the 10th Amendment reserved the power to
legislate religion for the States since the 1st Amendment explicitly
prohibited this power only to Congress.

Activist judges, separationists and atheists, on the other hand, don't
understand that the 14th Amendment, not the outcome-driven Everson
interpretation of the establishment clause, is what protects their
personal federal rights from the Christian right who can reasonably be
expected to get overzealous with the 10th Amendment protected sovereign
powers of the States to legislate religion.

The 1st Amendment prohibits laws that puts tests on free speech,
religious free speech included, such as what classrooms such free
speech is permitted in (deja vu with respect to segregated bussing) or
if that free speech is based on scientific fact. So the only reason
that anti-religious expression separationists have resorted to taking
Christians to Constitution-ignoring, activist judges whenever religious
free speech issues arise is because such judges are willing to
unlawfully legislate such tests from the bench on a case by case basis
in order to unconstitutionally stifle free religious speech. But
consider these words from Jefferson:

"One of the amendments to the Constitution... expressly declares that
'Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof, or abridging the freedom of
speech, or of the press,' thereby guarding in the same sentence and
under the same words, the freedom of religion, of speech, and of the
press; insomuch that whatever violates either throws down the sanctuary
which covers the others." --Thomas Jefferson: Draft Kentucky
Resolutions, 1798. ME 17:382


Let's see, you deleted the message that you were responding to and
posted something that you have posted again and again in response to it.
Why?

The message that I deleted concerned a church-state separation issue
which failed to mention the 10th Amendment, an Amendment as important
to our constitutional rights as the 1st Amendment. So I corrected the
problem.
.
User: ""

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 07 Nov 2005 04:16:56 PM
On 6 Nov 2005 13:55:24 -0800, "fred" <clarma1@gmail.com> wrote:

The message that I deleted concerned a church-state separation issue
which failed to mention the 10th Amendment, an Amendment as important
to our constitutional rights as the 1st Amendment. So I corrected the
problem.

The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States
respectively, or to the people.
Powers, then, which are determined (by the USSC) to be prohibited to a
state(s), are by that wording not given to states.
.

User: "David Jensen"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 06 Nov 2005 10:15:59 PM
On 6 Nov 2005 13:55:24 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131314124.502330.71440@z14g2000cwz.googlegroups.com>:

David Jensen wrote:

On 6 Nov 2005 13:31:07 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131312667.649580.95430@g47g2000cwa.googlegroups.com>:

alt.education removed

As I've mentioned elsewhere, the Christian right, and Christians in
general whom the Christian right misguides, don't understand that the
United States (federal government) is not founded on so-called
Christian principals or that the 10th Amendment reserved the power to
legislate religion for the States since the 1st Amendment explicitly
prohibited this power only to Congress.

Activist judges, separationists and atheists, on the other hand, don't
understand that the 14th Amendment, not the outcome-driven Everson
interpretation of the establishment clause, is what protects their
personal federal rights from the Christian right who can reasonably be
expected to get overzealous with the 10th Amendment protected sovereign
powers of the States to legislate religion.

The 1st Amendment prohibits laws that puts tests on free speech,
religious free speech included, such as what classrooms such free
speech is permitted in (deja vu with respect to segregated bussing) or
if that free speech is based on scientific fact. So the only reason
that anti-religious expression separationists have resorted to taking
Christians to Constitution-ignoring, activist judges whenever religious
free speech issues arise is because such judges are willing to
unlawfully legislate such tests from the bench on a case by case basis
in order to unconstitutionally stifle free religious speech. But
consider these words from Jefferson:

"One of the amendments to the Constitution... expressly declares that
'Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof, or abridging the freedom of
speech, or of the press,' thereby guarding in the same sentence and
under the same words, the freedom of religion, of speech, and of the
press; insomuch that whatever violates either throws down the sanctuary
which covers the others." --Thomas Jefferson: Draft Kentucky
Resolutions, 1798. ME 17:382


Let's see, you deleted the message that you were responding to and
posted something that you have posted again and again in response to it.
Why?


The message that I deleted concerned a church-state separation issue
which failed to mention the 10th Amendment, an Amendment as important
to our constitutional rights as the 1st Amendment. So I corrected the
problem.

No, you corrected nothing, and you have ignored the case law.
.
User: "fred"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 07 Nov 2005 03:52:02 AM
David Jensen wrote:

On 6 Nov 2005 13:55:24 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131314124.502330.71440@z14g2000cwz.googlegroups.com>:

David Jensen wrote:

On 6 Nov 2005 13:31:07 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131312667.649580.95430@g47g2000cwa.googlegroups.com>:

alt.education removed

As I've mentioned elsewhere, the Christian right, and Christians in
general whom the Christian right misguides, don't understand that the
United States (federal government) is not founded on so-called
Christian principals or that the 10th Amendment reserved the power to
legislate religion for the States since the 1st Amendment explicitly
prohibited this power only to Congress.

Activist judges, separationists and atheists, on the other hand, don't
understand that the 14th Amendment, not the outcome-driven Everson
interpretation of the establishment clause, is what protects their
personal federal rights from the Christian right who can reasonably be
expected to get overzealous with the 10th Amendment protected sovereign
powers of the States to legislate religion.

The 1st Amendment prohibits laws that puts tests on free speech,
religious free speech included, such as what classrooms such free
speech is permitted in (deja vu with respect to segregated bussing) or
if that free speech is based on scientific fact. So the only reason
that anti-religious expression separationists have resorted to taking
Christians to Constitution-ignoring, activist judges whenever religious
free speech issues arise is because such judges are willing to
unlawfully legislate such tests from the bench on a case by case basis
in order to unconstitutionally stifle free religious speech. But
consider these words from Jefferson:

"One of the amendments to the Constitution... expressly declares that
'Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof, or abridging the freedom of
speech, or of the press,' thereby guarding in the same sentence and
under the same words, the freedom of religion, of speech, and of the
press; insomuch that whatever violates either throws down the sanctuary
which covers the others." --Thomas Jefferson: Draft Kentucky
Resolutions, 1798. ME 17:382


Let's see, you deleted the message that you were responding to and
posted something that you have posted again and again in response to it.
Why?


The message that I deleted concerned a church-state separation issue
which failed to mention the 10th Amendment, an Amendment as important
to our constitutional rights as the 1st Amendment. So I corrected the
problem.


No, you corrected nothing, and you have ignored the case law.

I wish you'd answer my question if you were a trial lawyer or not.
.
User: ""

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 07 Nov 2005 04:22:11 PM
On 6 Nov 2005 19:52:02 -0800, "fred" <clarma1@gmail.com> wrote:

I wish you'd answer my question if you were a trial lawyer or not.

I wish you'd stop rambling on about things, Freddie.
.

User: "David Jensen"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 07 Nov 2005 04:07:46 AM
On 6 Nov 2005 19:52:02 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131335522.665672.170070@g44g2000cwa.googlegroups.com>:


David Jensen wrote:

On 6 Nov 2005 13:55:24 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131314124.502330.71440@z14g2000cwz.googlegroups.com>:

David Jensen wrote:

On 6 Nov 2005 13:31:07 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131312667.649580.95430@g47g2000cwa.googlegroups.com>:

alt.education removed

As I've mentioned elsewhere, the Christian right, and Christians in
general whom the Christian right misguides, don't understand that the
United States (federal government) is not founded on so-called
Christian principals or that the 10th Amendment reserved the power to
legislate religion for the States since the 1st Amendment explicitly
prohibited this power only to Congress.

Activist judges, separationists and atheists, on the other hand, don't
understand that the 14th Amendment, not the outcome-driven Everson
interpretation of the establishment clause, is what protects their
personal federal rights from the Christian right who can reasonably be
expected to get overzealous with the 10th Amendment protected sovereign
powers of the States to legislate religion.

The 1st Amendment prohibits laws that puts tests on free speech,
religious free speech included, such as what classrooms such free
speech is permitted in (deja vu with respect to segregated bussing) or
if that free speech is based on scientific fact. So the only reason
that anti-religious expression separationists have resorted to taking
Christians to Constitution-ignoring, activist judges whenever religious
free speech issues arise is because such judges are willing to
unlawfully legislate such tests from the bench on a case by case basis
in order to unconstitutionally stifle free religious speech. But
consider these words from Jefferson:

"One of the amendments to the Constitution... expressly declares that
'Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof, or abridging the freedom of
speech, or of the press,' thereby guarding in the same sentence and
under the same words, the freedom of religion, of speech, and of the
press; insomuch that whatever violates either throws down the sanctuary
which covers the others." --Thomas Jefferson: Draft Kentucky
Resolutions, 1798. ME 17:382


Let's see, you deleted the message that you were responding to and
posted something that you have posted again and again in response to it.
Why?


The message that I deleted concerned a church-state separation issue
which failed to mention the 10th Amendment, an Amendment as important
to our constitutional rights as the 1st Amendment. So I corrected the
problem.


No, you corrected nothing, and you have ignored the case law.


I wish you'd answer my question if you were a trial lawyer or not.

I hadn't understood it as a question, but as a rhetorical device on your
part. I am not a trial lawyer.
.


User: ""

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 07 Nov 2005 04:21:33 PM
On Sun, 06 Nov 2005 16:15:59 -0600, David Jensen
<david@dajensen-family.com> wrote:

No, you corrected nothing, and you have ignored the case law.

"Case law" isn't relevant to Freddies beliefs
Freddie, believes HE can "read" the constitution, make a determination
that particular ruling(s) do not conform to his interpretations--and
therefore are "wrong"
He circular argues that "founders writings" support his belief, yet
cannot support a claim that "writings, letters, etc" are legally
binding.
Freddie is one of those who "picks up" (from god knows where), some
obiter dicta (whether the gist of a ruling or not) and expands it to
conform to his odd "interpretations"
I sense he's enamored of his own rambling babbling which is almost
comical sometimes.
.
User: "fred"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 07 Nov 2005 06:18:40 PM
wrote:

On Sun, 06 Nov 2005 16:15:59 -0600, David Jensen
<david@dajensen-family.com> wrote:

No, you corrected nothing, and you have ignored the case law.


"Case law" isn't relevant to Freddies beliefs

Freddie, believes HE can "read" the constitution, make a determination
that particular ruling(s) do not conform to his interpretations--and
therefore are "wrong"

"Laws are made for men of ordinary understanding and should, therefore,
be construed by the ordinary rules of common sense. Their meaning is
not to be sought for in metaphysical subtleties which may make anything
mean everything or nothing at pleasure." --Thomas Jefferson to William
Johnson, 1823. ME 15:450
"Common sense [is] the foundation of all authorities, of the laws
themselves, and of their construction." --Thomas Jefferson: Batture at
New Orleans, 1812. ME 18:92


He circular argues that "founders writings" support his belief, yet
cannot support a claim that "writings, letters, etc" are legally
binding.

Your above statement in an outright lie. I've been pointing out, until
I'm blue in the face, that the Everson Justices unthinkingly
cherry-picked previous opinions without bothering to corroborate them
in order to help bluff its outcome-driven interpretation of the
establishment clause. The Court's first blunder in Everson was to
twist Jefferson's "wall of separation" words to suggest that the
Founding Fathers had wanted absolute church-state separation all along:
"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.' Reynolds v. United States, supra, 98 U.S. at page
164." -- Everson v. Board of Education of Ewing TP. 1947.
But then the nervous Justices unwittingly disagreed with their own
story about Jefferson by also blessing the Cantwell opinion's
reasonable implication that the States actually had the powers (via the
10th Amendment) that the Founding Fathers had decided that they
couldn't have until the 14th Amendment took these powers away:
"The First Amendment declares that Congress shall make no law
respecting an establishment of religion or prohibiting the free
exercise thereof. The Fourteenth Amendment has rendered the
legislatures of the states as incompetent as Congress to enact such
laws." -- Cantwell v. State of Connecticut 1940.
Again, our anti-religous expression Court has now painted itself into a
corner with respect to the Everson absurdity that the 14th Amendment
took away powers from the States which the Court is also claiming that
the Founding Fathers had never given them in the first place.


Freddie is one of those who "picks up" (from god knows where), some
obiter dicta (whether the gist of a ruling or not) and expands it to
conform to his odd "interpretations"

To the contrary, I am careful to reference extracts from Court opinions
and historical documents.


I sense he's enamored of his own rambling babbling which is almost
comical sometimes.

Consider that you're unwittingly projecting your personal problems into
me.
.
User: ""

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 07 Nov 2005 08:24:46 PM
On 7 Nov 2005 10:18:40 -0800, "fred" <clarma1@gmail.com> wrote:

Knickkkers@Hang-up.com wrote:

On Sun, 06 Nov 2005 16:15:59 -0600, David Jensen
<david@dajensen-family.com> wrote:

No, you corrected nothing, and you have ignored the case law.


"Case law" isn't relevant to Freddies beliefs

Freddie, believes HE can "read" the constitution, make a determination
that particular ruling(s) do not conform to his interpretations--and
therefore are "wrong"


"Laws are made for men of ordinary understanding and should, therefore,
be construed by the ordinary rules of common sense. Their meaning is
not to be sought for in metaphysical subtleties which may make anything
mean everything or nothing at pleasure." --Thomas Jefferson to William
Johnson, 1823. ME 15:450

"Common sense [is] the foundation of all authorities, of the laws
themselves, and of their construction." --Thomas Jefferson: Batture at
New Orleans, 1812. ME 18:92

Exactly what LAW is found there?

He circular argues that "founders writings" support his belief, yet
cannot support a claim that "writings, letters, etc" are legally
binding.


Your above statement in an outright lie. I've been pointing out, until
I'm blue in the face, that the Everson Justices unthinkingly
cherry-picked previous opinions without bothering to corroborate them
in order to help bluff its outcome-driven interpretation of the
establishment clause.

There, Freddie, you did it again
YOU just gave YOUR interpretaton.....It's worthless as "truth"

............. -- Everson v. Board of Education of Ewing TP. 1947.
Once again therefore, it is not inappropriate briefly to review the background and
environment of the period in which that constitutional language was fashioned and adopted.
But then the nervous Justices unwittingly disagreed with their own
story about Jefferson

What the ***** does a "story about Jefferson" have to do with New
Jersey Laws that won't give funds to A Catholic School?
Jefferson "stories" aren't law.

Again, our anti-religous expression Court has now painted itself into a
corner with respect to the Everson absurdity that the 14th Amendment
took away powers from the States which the Court is also claiming that
the Founding Fathers had never given them in the first place.

The "founding fathers" penned a constitution
The people ratified it
Once ratified, the "founding fathers" had no legal control of the
mechanism

Freddie is one of those who "picks up" (from god knows where), some
obiter dicta (whether the gist of a ruling or not) and expands it to
conform to his odd "interpretations"


To the contrary, I am careful to reference extracts from Court opinions
and historical documents.

"extracts" are obiter dicta, you ninny
But "extracts" aren't the rulings
You're attempting to use "extracts" (obiter dicta) as argument
here's "obiter Dicta" as background contained in the Ruling
"A large proportion of the early settlers of this country came here
from Europe to escape the bondage of laws which compelled them to
support and attend government favored churches. The centuries
immediately before and contemporaneous with the colonization of
America had been filled with turmoil, civil strife, and persecutions,
generated in large part by established sects determined to [330 U.S.
1, 9] maintain their absolute political and religious supremacy.
With the power of government supporting them, at various times and
places, Catholics had persecuted Protestants, Protestants had
persecuted Catholics, Protestant sects had persecuted other Protestant
sects, Catholics of one shade of belief had persecuted Catholics of
another shade of belief, and all of these had from time to time
persecuted Jews. In efforts to force loyalty to whatever religious
group happened to be on top and in league with the government of a
particular time and place, men and women had been fined, cast in jail,
cruelly tortured, and killed. Among the offenses for which these
punishments had been inflicted were such things as speaking
disrespectfully of the views of ministers of government-established
churches, nonattendance at those churches, expressions of non-belief
in their doctrines, and failure to pay taxes and tithes to support
them."
That "dicta" isn't binding---it's not a ruling, it's merely
background.
Here's another:

We must consider the New Jersey statute in accordance with the foregoing
limitations imposed by the First Amendment. But we must not strike that >
state statute down if it is within the state's constitutional power even though
it approaches the verge of that power. See Interstate Consolidated Street Ry.
Co. v. Commonwealth of Massachusetts, Holmes, J., supra 207 U.S. at
85, 88, 28 S.Ct. 26, 27, 28, 12 Ann.Cas. 555.
New Jersey cannot consistently
with the 'establishment of religion' clause of the First Amendment contribute
tax-raised funds to the support of an institution which teaches the tenets and
faith of any church.

This, Then is the Ruling of the court

This Court has said that parents may, in the discharge of their duty under state compulsory
education laws, send their children to a religious rather than a public school if the school
meets the secular educational requirements which the state has power to impose.
See Pierce v. Society of Sisters, 268 U.S. 510 , 45 S.Ct. 571, 39 A.L.R. 468.
It appears that these parochial schools meet New Jersey's requirements.
The State contributes no money to the schools. It does not support them.
Its legislation, as applied, does no more than provide a general program to help
parents get their children, regardless of their religion, safely and expeditiously to
and from accredited schools.

The First Amendment has erected a wall between church and state. That wall must
be kept high and impregnable. We could not approve the slightest breach.
New Jersey has not breached it here.

AFFIRMED.

This ruling has stood
.
User: "fred"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 07 Nov 2005 08:43:42 PM
wrote:

On 7 Nov 2005 10:18:40 -0800, "fred" <clarma1@gmail.com> wrote:

Knickkkers@Hang-up.com wrote:

On Sun, 06 Nov 2005 16:15:59 -0600, David Jensen
<david@dajensen-family.com> wrote:

No, you corrected nothing, and you have ignored the case law.


"Case law" isn't relevant to Freddies beliefs

Freddie, believes HE can "read" the constitution, make a determination
that particular ruling(s) do not conform to his interpretations--and
therefore are "wrong"


"Laws are made for men of ordinary understanding and should, therefore,
be construed by the ordinary rules of common sense. Their meaning is
not to be sought for in metaphysical subtleties which may make anything
mean everything or nothing at pleasure." --Thomas Jefferson to William
Johnson, 1823. ME 15:450

"Common sense [is] the foundation of all authorities, of the laws
themselves, and of their construction." --Thomas Jefferson: Batture at
New Orleans, 1812. ME 18:92


Exactly what LAW is found there?

He circular argues that "founders writings" support his belief, yet
cannot support a claim that "writings, letters, etc" are legally
binding.


Your above statement in an outright lie. I've been pointing out, until
I'm blue in the face, that the Everson Justices unthinkingly
cherry-picked previous opinions without bothering to corroborate them
in order to help bluff its outcome-driven interpretation of the
establishment clause.


There, Freddie, you did it again

YOU just gave YOUR interpretaton.....It's worthless as "truth"

<ROTFL>
I'm simply applying Jefferson's "secret formula" for interpreting the
laws:
"Laws are made for men of ordinary understanding and should, therefore,
be construed by the ordinary rules of common sense. Their meaning is
not to be sought for in metaphysical subtleties which may make anything
mean everything or nothing at pleasure." --Thomas Jefferson to William
Johnson, 1823. ME 15:450
"Common sense [is] the foundation of all authorities, of the laws
themselves, and of their construction." --Thomas Jefferson: Batture at
New Orleans, 1812. ME 18:92
With respect to the folly of the Everson opinion:
I've been pointing out, until I'm blue in the face, that the Everson
Justices unthinkingly cherry-picked previous opinions without bothering
to corroborate them in order to help bluff their outcome-driven
interpretation of the establishment clause. The Court's first blunder
in Everson was to twist Jefferson's "wall of separation" words to
suggest that the Founding Fathers had wanted absolute church-state
separation all along:
"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.' Reynolds v. United States, supra, 98 U.S. at page
164." -- Everson v. Board of Education of Ewing TP. 1947.
But then the nervous Justices unwittingly disagreed with their own
story about Jefferson by also blessing the Cantwell opinion's
reasonable implication that the States actually had the powers (via the
10th Amendment) that the Founding Fathers had decided that they
couldn't have until the 14th Amendment took these powers away:
"The First Amendment declares that Congress shall make no law
respecting an establishment of religion or prohibiting the free
exercise thereof. The Fourteenth Amendment has rendered the
legislatures of the states as incompetent as Congress to enact such
laws." -- Cantwell v. State of Connecticut 1940.
Again, our anti-religous expression Court has now painted itself into a
corner with respect to the Everson absurdity that the 14th Amendment
took away powers from the States which the Court is also claiming that
the Founding Fathers had never given them in the first place.


............. -- Everson v. Board of Education of Ewing TP. 1947.


Once again therefore, it is not inappropriate briefly to review the background and
environment of the period in which that constitutional language was fashioned and adopted.




But then the nervous Justices unwittingly disagreed with their own
story about Jefferson


What the ***** does a "story about Jefferson" have to do with New
Jersey Laws that won't give funds to A Catholic School?

Jefferson "stories" aren't law.

Again, our anti-religous expression Court has now painted itself into a
corner with respect to the Everson absurdity that the 14th Amendment
took away powers from the States which the Court is also claiming that
the Founding Fathers had never given them in the first place.


The "founding fathers" penned a constitution

The people ratified it

Once ratified, the "founding fathers" had no legal control of the
mechanism

Freddie is one of those who "picks up" (from god knows where), some
obiter dicta (whether the gist of a ruling or not) and expands it to
conform to his odd "interpretations"


To the contrary, I am careful to reference extracts from Court opinions
and historical documents.


"extracts" are obiter dicta, you ninny

But "extracts" aren't the rulings

You're attempting to use "extracts" (obiter dicta) as argument

here's "obiter Dicta" as background contained in the Ruling

"A large proportion of the early settlers of this country came here
from Europe to escape the bondage of laws which compelled them to
support and attend government favored churches. The centuries
immediately before and contemporaneous with the colonization of
America had been filled with turmoil, civil strife, and persecutions,
generated in large part by established sects determined to [330 U.S.
1, 9] maintain their absolute political and religious supremacy.
With the power of government supporting them, at various times and
places, Catholics had persecuted Protestants, Protestants had
persecuted Catholics, Protestant sects had persecuted other Protestant
sects, Catholics of one shade of belief had persecuted Catholics of
another shade of belief, and all of these had from time to time
persecuted Jews. In efforts to force loyalty to whatever religious
group happened to be on top and in league with the government of a
particular time and place, men and women had been fined, cast in jail,
cruelly tortured, and killed. Among the offenses for which these
punishments had been inflicted were such things as speaking
disrespectfully of the views of ministers of government-established
churches, nonattendance at those churches, expressions of non-belief
in their doctrines, and failure to pay taxes and tithes to support
them."

That "dicta" isn't binding---it's not a ruling, it's merely
background.

Here's another:

We must consider the New Jersey statute in accordance with the foregoing
limitations imposed by the First Amendment. But we must not strike that >
state statute down if it is within the state's constitutional power even though
it approaches the verge of that power. See Interstate Consolidated Street Ry.
Co. v. Commonwealth of Massachusetts, Holmes, J., supra 207 U.S. at
85, 88, 28 S.Ct. 26, 27, 28, 12 Ann.Cas. 555.


New Jersey cannot consistently
with the 'establishment of religion' clause of the First Amendment contribute
tax-raised funds to the support of an institution which teaches the tenets and
faith of any church.


This, Then is the Ruling of the court

This Court has said that parents may, in the discharge of their duty under state compulsory
education laws, send their children to a religious rather than a public school if the school
meets the secular educational requirements which the state has power to impose.
See Pierce v. Society of Sisters, 268 U.S. 510 , 45 S.Ct. 571, 39 A.L.R. 468.
It appears that these parochial schools meet New Jersey's requirements.
The State contributes no money to the schools. It does not support them.
Its legislation, as applied, does no more than provide a general program to help
parents get their children, regardless of their religion, safely and expeditiously to
and from accredited schools.

The First Amendment has erected a wall between church and state. That wall must
be kept high and impregnable. We could not approve the slightest breach.
New Jersey has not breached it here.

AFFIRMED.


This ruling has stood

.


User: "David Jensen"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 07 Nov 2005 07:47:41 PM
On 7 Nov 2005 10:18:40 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131387520.201498.213070@o13g2000cwo.googlegroups.com>:

Knickkkers@Hang-up.com wrote:

On Sun, 06 Nov 2005 16:15:59 -0600, David Jensen
<david@dajensen-family.com> wrote:

No, you corrected nothing, and you have ignored the case law.


"Case law" isn't relevant to Freddies beliefs

Freddie, believes HE can "read" the constitution, make a determination
that particular ruling(s) do not conform to his interpretations--and
therefore are "wrong"


"Laws are made for men of ordinary understanding and should, therefore,
be construed by the ordinary rules of common sense. Their meaning is
not to be sought for in metaphysical subtleties which may make anything
mean everything or nothing at pleasure." --Thomas Jefferson to William
Johnson, 1823. ME 15:450

Which is why it is so simple to understand that the 14th Amendment
protects all citizens of the United States not only from the Federal
goverment but also the state governments. It makes certain that the
rights all citizens had in the Constitution and the Bill of Rights are
applied at the state and federal level. This is not hard to understand.

"Common sense [is] the foundation of all authorities, of the laws
themselves, and of their construction." --Thomas Jefferson: Batture at
New Orleans, 1812. ME 18:92

He circular argues that "founders writings" support his belief, yet
cannot support a claim that "writings, letters, etc" are legally
binding.


Your above statement in an outright lie. I've been pointing out, until
I'm blue in the face, that the Everson Justices unthinkingly
cherry-picked previous opinions without bothering to corroborate them
in order to help bluff its outcome-driven interpretation of the
establishment clause. The Court's first blunder in Everson was to
twist Jefferson's "wall of separation" words to suggest that the
Founding Fathers had wanted absolute church-state separation all along:

You can say that all you want, but your claim is false. Nothing in
Everson, certainly not the part you repeatedly post supports your claim.
Learn to read case law.

"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.' Reynolds v. United States, supra, 98 U.S. at page
164." -- Everson v. Board of Education of Ewing TP. 1947.

But then the nervous Justices unwittingly disagreed with their own
story about Jefferson by also blessing the Cantwell opinion's
reasonable implication that the States actually had the powers (via the
10th Amendment) that the Founding Fathers had decided that they
couldn't have until the 14th Amendment took these powers away:

"The First Amendment declares that Congress shall make no law
respecting an establishment of religion or prohibiting the free
exercise thereof. The Fourteenth Amendment has rendered the
legislatures of the states as incompetent as Congress to enact such
laws." -- Cantwell v. State of Connecticut 1940.

How hard is it for you to understand the foregoing?

Again, our anti-religous expression Court has now painted itself into a
corner with respect to the Everson absurdity that the 14th Amendment
took away powers from the States which the Court is also claiming that
the Founding Fathers had never given them in the first place.

First, you will note that the 10th Amendment reserves the rights to the
states or the people. Secondly, nowhere does Cantwell say that the
Founding Fathers had never given them the right. Thirdly, even if they
had said what you claim but cannot produce, the basic interpretation of
the 14th Amendment is sufficient.

Freddie is one of those who "picks up" (from god knows where), some
obiter dicta (whether the gist of a ruling or not) and expands it to
conform to his odd "interpretations"


To the contrary, I am careful to reference extracts from Court opinions
and historical documents.

No, you are not.

I sense he's enamored of his own rambling babbling which is almost
comical sometimes.


Consider that you're unwittingly projecting your personal problems into
me.

That could have been more constructive.
.
User: "fred"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 07 Nov 2005 08:26:04 PM
David Jensen wrote:

On 7 Nov 2005 10:18:40 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131387520.201498.213070@o13g2000cwo.googlegroups.com>:

Knickkkers@Hang-up.com wrote:

On Sun, 06 Nov 2005 16:15:59 -0600, David Jensen
<david@dajensen-family.com> wrote:

No, you corrected nothing, and you have ignored the case law.


"Case law" isn't relevant to Freddies beliefs

<snipped for brevity>

laws." -- Cantwell v. State of Connecticut 1940.


How hard is it for you to understand the foregoing?

Again, our anti-religous expression Court has now painted itself into a
corner with respect to the Everson absurdity that the 14th Amendment
took away powers from the States which the Court is also claiming that
the Founding Fathers had never given them in the first place.


First, you will note that the 10th Amendment reserves the rights to the
states or the people. Secondly, nowhere does Cantwell say that the
Founding Fathers had never given them the right. Thirdly, even if they
had said what you claim but cannot produce, the basic interpretation of
the 14th Amendment is sufficient.

You missed your calling by not becoming a scumbag, fact-twisting trial
lawyer. I'm sure that you'd have made a fortune.
I never said that Cantwell says that the Founding Fathers never gave
the States the 10th Amendment protected sovereign powers, such as the
power to legislate religion. I said that the Cantwell Justices
reasonably implied that the Founding Fathers gave the States such
powers as evidenced by the following from Cantwell:
"The First Amendment declares that Congress shall make no law
respecting an establishment of religion or prohibiting the free
exercise thereof. The Fourteenth Amendment has rendered the
legislatures of the states as incompetent as Congress to enact such
laws." -- Cantwell v. State of Connecticut 1940.
Not only does the above extract reasonably imply that the Founding
Fathers had given the States 10th Amendment sovereign powers, but the
activist Cantwell Justices also swept the 10th Amendment under the
carpet by not referencing it in the opinion. At least an honest
Justice had the guts to mention the 10th Amendment in a later Court
opinion in context with our 1st Amendment rights and the 14th
Amendment:
"Conflicts in the exercise of rights arise and the conflicting forces
seek adjustments in the courts, as do these parties, claiming on the
one side the freedom of religion, speech and the press, guaranteed by
the Fourteenth Amendment,11 and on the other the right to employ the
sovereign power explicitly reserved to the State by the Tenth Amendment
to ensure orderly living without which constitutional guarantees of
civil liberties would be a mockery." -- Jones v. City of Opelika 1942


Freddie is one of those who "picks up" (from god knows where), some
obiter dicta (whether the gist of a ruling or not) and expands it to
conform to his odd "interpretations"


To the contrary, I am careful to reference extracts from Court opinions
and historical documents.


No, you are not.

That's an outright lie.
Everson, Opelika and Cantwell opinions, Jefferson, 1st, 10th and 14th
Amendments


I sense he's enamored of his own rambling babbling which is almost
comical sometimes.


Consider that you're unwittingly projecting your personal problems into
me.


That could have been more constructive.

I actually wouldn't be able to sleep at night.
.
User: "David Jensen"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 07 Nov 2005 08:38:16 PM
On 7 Nov 2005 12:26:04 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131395164.556081.284160@f14g2000cwb.googlegroups.com>:

David Jensen wrote:

On 7 Nov 2005 10:18:40 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131387520.201498.213070@o13g2000cwo.googlegroups.com>:

Knickkkers@Hang-up.com wrote:

On Sun, 06 Nov 2005 16:15:59 -0600, David Jensen
<david@dajensen-family.com> wrote:

No, you corrected nothing, and you have ignored the case law.


"Case law" isn't relevant to Freddies beliefs


<snipped for brevity>

laws." -- Cantwell v. State of Connecticut 1940.


How hard is it for you to understand the foregoing?

Again, our anti-religous expression Court has now painted itself into a
corner with respect to the Everson absurdity that the 14th Amendment
took away powers from the States which the Court is also claiming that
the Founding Fathers had never given them in the first place.


First, you will note that the 10th Amendment reserves the rights to the
states or the people. Secondly, nowhere does Cantwell say that the
Founding Fathers had never given them the right. Thirdly, even if they
had said what you claim but cannot produce, the basic interpretation of
the 14th Amendment is sufficient.


You missed your calling by not becoming a scumbag, fact-twisting trial
lawyer. I'm sure that you'd have made a fortune.

I never said that Cantwell says that the Founding Fathers never gave
the States the 10th Amendment protected sovereign powers, such as the
power to legislate religion. I said that the Cantwell Justices
reasonably implied that the Founding Fathers gave the States such
powers as evidenced by the following from Cantwell:

"The First Amendment declares that Congress shall make no law
respecting an establishment of religion or prohibiting the free
exercise thereof. The Fourteenth Amendment has rendered the
legislatures of the states as incompetent as Congress to enact such
laws." -- Cantwell v. State of Connecticut 1940.

Not only does the above extract reasonably imply that the Founding
Fathers had given the States 10th Amendment sovereign powers, but the
activist Cantwell Justices also swept the 10th Amendment under the
carpet by not referencing it in the opinion. At least an honest
Justice had the guts to mention the 10th Amendment in a later Court
opinion in context with our 1st Amendment rights and the 14th
Amendment:

"Conflicts in the exercise of rights arise and the conflicting forces
seek adjustments in the courts, as do these parties, claiming on the
one side the freedom of religion, speech and the press, guaranteed by
the Fourteenth Amendment,11 and on the other the right to employ the
sovereign power explicitly reserved to the State by the Tenth Amendment
to ensure orderly living without which constitutional guarantees of
civil liberties would be a mockery." -- Jones v. City of Opelika 1942

Yes, you keep quoting things that prove that you are wrong. I'm actually
quite confused about what you think the court should be doing.

Freddie is one of those who "picks up" (from god knows where), some
obiter dicta (whether the gist of a ruling or not) and expands it to
conform to his odd "interpretations"


To the contrary, I am careful to reference extracts from Court opinions
and historical documents.


No, you are not.


That's an outright lie.

Everson, Opelika and Cantwell opinions, Jefferson, 1st, 10th and 14th
Amendments

I didn't mean it that way. You say something or other and then assert
that whatever you quote supports it, even if the quote is opposed to
your conclusion. It's quite confusing.
Please answer these questions:
Do you think that the First Amendment protects citizens from improper
state entanglement with religion just as it protects citizens from
improper federal entanglement?
Now that the 14th Amendment was passed, how does the 10th possibly apply
to the First?

I sense he's enamored of his own rambling babbling which is almost
comical sometimes.


Consider that you're unwittingly projecting your personal problems into
me.


That could have been more constructive.


I actually wouldn't be able to sleep at night.

.
User: "fred"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 08 Nov 2005 09:42:22 PM
David Jensen wrote:
<snipped for brevity>


No, you are not.


That's an outright lie.

Everson, Opelika and Cantwell opinions, Jefferson, 1st, 10th and 14th
Amendments


I didn't mean it that way. You say something or other and then assert
that whatever you quote supports it, even if the quote is opposed to
your conclusion. It's quite confusing.

Please answer these questions:

Do you think that the First Amendment protects citizens from improper
state entanglement with religion just as it protects citizens from
improper federal entanglement?

Subjectively, yes, the 1st A. protects citizens from the abuse of state
powers. Objectively however, where basic reading skills are concerned,
it actually falls short of doing the job.
The 1st and 10th Amendments of our experimental Constitution only imply
that the Founding Father's had expected the States to take the
initiative to balance their sovereign powers with personal federal
rights. But rear view vision shows that the Founding Father's wording
of the BOR had some weaknesses in this regard. But that's why the
Founding Fathers made the Constitution amendable in the first place.
Although many States proved that they could be trusted to balance their
10th Amendment protected sovereign powers with personal federal rights
on their own initiative, the 14th Amendment was a needed "read my lips"
for those states who were essentially using the 10th Amendment as a
loophole to abridge personal federal rights. Indeed, the 14th
Amendment didn't mean anything to those states who were already
respecting personal federal rights.


Now that the 14th Amendment was passed, how does the 10th possibly apply
to the First?

The problem is that separationist extremists, evidently yourself
included, are now insisting on the absurdity that the mere existance of
government power to legislate religion automatically translates into an
abuse of personal federal rights. However, this tunnel-vision
perspective ignores the fact that many states had previously
successfully balanced their sovereign powers with personal federal
rights which shows that separationists don't know what they're talking
about. The activist interpretation of the 14th Amendment is now being
used to unconstitutionally stifle free religious speech, plain and
simple.
As I've posted many times elsewhere, the Opelika extract is essentially
saying the same thing that I am:
"Conflicts in the exercise of rights arise and the conflicting forces
seek adjustments in the courts, as do these parties, claiming on the
one side the freedom of religion, speech and the press, guaranteed by
the Fourteenth Amendment,11 and on the other the right to employ the
sovereign power explicitly reserved to the State by the Tenth Amendment
to ensure orderly living without which constitutional guarantees of
civil liberties would be a mockery." -- Jones v. City of Opelika 1942
Again and again, Justices are expected to balance the 10th Amendment
protected sovereign powers of the States with the now explicit 14th
Amendment protections of federal personal rights. But this obviously
hasn't stopped activist Justices from claiming that the 14th Amendment
applied the 1st Amendment prohibitions on the federal government to the
State governments with respect to their scandalous efforts to
unconstitutionally stifle free religious speech. The Slaughterhouse
opinion, in fact, reflects that it's not the job of Justices to
(re)define the boundaries of government power:
"This court has no authority to interpolate a limitation that is
neither expressed nor implied. Our duty is to execute the law, not to
make it." -- Slaughterhouse Cases 1872


I sense he's enamored of his own rambling babbling which is almost
comical sometimes.


Consider that you're unwittingly projecting your personal problems into
me.


That could have been more constructive.


I actually wouldn't be able to sleep at night.

.
User: ""

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 09 Nov 2005 05:52:14 PM
On 8 Nov 2005 13:42:22 -0800, "fred" <clarma1@gmail.com> wrote:

Subjectively, yes, the 1st A. protects citizens from the abuse of state
powers.

Freddie.......
Protection from ALL government abuse---not just state.........
.

User: "David Jensen"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 09 Nov 2005 12:43:02 AM
On 8 Nov 2005 13:42:22 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131486142.223997.79190@f14g2000cwb.googlegroups.com>:

David Jensen wrote:

<snipped for brevity>


No, you are not.


That's an outright lie.

Everson, Opelika and Cantwell opinions, Jefferson, 1st, 10th and 14th
Amendments


I didn't mean it that way. You say something or other and then assert
that whatever you quote supports it, even if the quote is opposed to
your conclusion. It's quite confusing.

Please answer these questions:

Do you think that the First Amendment protects citizens from improper
state entanglement with religion just as it protects citizens from
improper federal entanglement?


Subjectively, yes, the 1st A. protects citizens from the abuse of state
powers. Objectively however, where basic reading skills are concerned,
it actually falls short of doing the job.

The 1st and 10th Amendments of our experimental Constitution only imply
that the Founding Father's had expected the States to take the
initiative to balance their sovereign powers with personal federal
rights. But rear view vision shows that the Founding Father's wording
of the BOR had some weaknesses in this regard. But that's why the
Founding Fathers made the Constitution amendable in the first place.

Although many States proved that they could be trusted to balance their
10th Amendment protected sovereign powers with personal federal rights
on their own initiative, the 14th Amendment was a needed "read my lips"
for those states who were essentially using the 10th Amendment as a
loophole to abridge personal federal rights. Indeed, the 14th
Amendment didn't mean anything to those states who were already
respecting personal federal rights.


Now that the 14th Amendment was passed, how does the 10th possibly apply
to the First?


The problem is that separationist extremists, evidently yourself
included, are now insisting on the absurdity that the mere existance of
government power to legislate religion automatically translates into an
abuse of personal federal rights.

Wow. I wasn't aware that I said that or believe it. Thank you for
telling me what I believe.

However, this tunnel-vision
perspective ignores the fact that many states had previously
successfully balanced their sovereign powers with personal federal
rights which shows that separationists don't know what they're talking
about. The activist interpretation of the 14th Amendment is now being
used to unconstitutionally stifle free religious speech, plain and
simple.

Where?

As I've posted many times elsewhere, the Opelika extract is essentially
saying the same thing that I am:

"Conflicts in the exercise of rights arise and the conflicting forces
seek adjustments in the courts, as do these parties, claiming on the
one side the freedom of religion, speech and the press, guaranteed by
the Fourteenth Amendment,11 and on the other the right to employ the
sovereign power explicitly reserved to the State by the Tenth Amendment
to ensure orderly living without which constitutional guarantees of
civil liberties would be a mockery." -- Jones v. City of Opelika 1942

As you have been told again and again that this is not a controlling
case, though the Court decisions that you object to have been protective
of free exercise. Don't you like JWs or something?

Again and again, Justices are expected to balance the 10th Amendment
protected sovereign powers of the States with the now explicit 14th
Amendment protections of federal personal rights. But this obviously
hasn't stopped activist Justices from claiming that the 14th Amendment
applied the 1st Amendment prohibitions on the federal government to the
State governments with respect to their scandalous efforts to
unconstitutionally stifle free religious speech. The Slaughterhouse
opinion, in fact, reflects that it's not the job of Justices to
(re)define the boundaries of government power:

Has anyone in a majority opinion refered to it for support in the past
century? I haven't noticed.

"This court has no authority to interpolate a limitation that is
neither expressed nor implied. Our duty is to execute the law, not to
make it." -- Slaughterhouse Cases 1872

And then it gutted the Fourteenth Amendment.
.
User: "fred"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 09 Nov 2005 06:58:10 AM
David Jensen wrote:

On 8 Nov 2005 13:42:22 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131486142.223997.79190@f14g2000cwb.googlegroups.com>:

David Jensen wrote:

<snipped for brevity>


No, you are not.


That's an outright lie.

Everson, Opelika and Cantwell opinions, Jefferson, 1st, 10th and 14th
Amendments


I didn't mean it that way. You say something or other and then assert
that whatever you quote supports it, even if the quote is opposed to
your conclusion. It's quite confusing.

Please answer these questions:

Do you think that the First Amendment protects citizens from improper
state entanglement with religion just as it protects citizens from
improper federal entanglement?


Subjectively, yes, the 1st A. protects citizens from the abuse of state
powers. Objectively however, where basic reading skills are concerned,
it actually falls short of doing the job.

The 1st and 10th Amendments of our experimental Constitution only imply
that the Founding Father's had expected the States to take the
initiative to balance their sovereign powers with personal federal
rights. But rear view vision shows that the Founding Father's wording
of the BOR had some weaknesses in this regard. But that's why the
Founding Fathers made the Constitution amendable in the first place.

Although many States proved that they could be trusted to balance their
10th Amendment protected sovereign powers with personal federal rights
on their own initiative, the 14th Amendment was a needed "read my lips"
for those states who were essentially using the 10th Amendment as a
loophole to abridge personal federal rights. Indeed, the 14th
Amendment didn't mean anything to those states who were already
respecting personal federal rights.


Now that the 14th Amendment was passed, how does the 10th possibly apply
to the First?


The problem is that separationist extremists, evidently yourself
included, are now insisting on the absurdity that the mere existance of
government power to legislate religion automatically translates into an
abuse of personal federal rights.


Wow. I wasn't aware that I said that or believe it. Thank you for
telling me what I believe.

Thank you for clarifying that.


However, this tunnel-vision
perspective ignores the fact that many states had previously
successfully balanced their sovereign powers with personal federal
rights which shows that separationists don't know what they're talking
about. The activist interpretation of the 14th Amendment is now being
used to unconstitutionally stifle free religious speech, plain and
simple.


Where?

What a disingenuous response. :^(
As I've mentioned elsewhere, public school teachers can predictably get
fired, for example, if their students complain that their teacher lead
a 1st Amendment "protected" free speech classroom discussion about the
ramifications of irreducible complexity, for example.


As I've posted many times elsewhere, the Opelika extract is essentially
saying the same thing that I am:

"Conflicts in the exercise of rights arise and the conflicting forces
seek adjustments in the courts, as do these parties, claiming on the
one side the freedom of religion, speech and the press, guaranteed by
the Fourteenth Amendment,11 and on the other the right to employ the
sovereign power explicitly reserved to the State by the Tenth Amendment
to ensure orderly living without which constitutional guarantees of
civil liberties would be a mockery." -- Jones v. City of Opelika 1942


As you have been told again and again that this is not a controlling
case, though the Court decisions that you object to have been protective
of free exercise. Don't you like JWs or something?

With all due respect to JWs, I'm not concerned with the outcome of the
case. I reference the Opelika opinion to show that the 10th Amendment
protected sovereign powers of the States are still alive and kicking
regardless that the activist Court dares not bring this Amendment to
the attention of the constutionally ignorant American people.


Again and again, Justices are expected to balance the 10th Amendment
protected sovereign powers of the States with the now explicit 14th
Amendment protections of federal personal rights. But this obviously
hasn't stopped activist Justices from claiming that the 14th Amendment
applied the 1st Amendment prohibitions on the federal government to the
State governments with respect to their scandalous efforts to
unconstitutionally stifle free religious speech. The Slaughterhouse
opinion, in fact, reflects that it's not the job of Justices to
(re)define the boundaries of government power:


Has anyone in a majority opinion refered to it for support in the past
century? I haven't noticed.

Don't know. But that's not saying much given the lifetime appointment
of Justices including activist Justices.


"This court has no authority to interpolate a limitation that is
neither expressed nor implied. Our duty is to execute the law, not to
make it." -- Slaughterhouse Cases 1872


And then it gutted the Fourteenth Amendment.

Activist Justices are essentially free to wallow in mud with respect to
gutting the 14th A. and anything else in the Constitution for that
matter since the People are largely ignorant of the Constitution anyway.
.
User: ""

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 09 Nov 2005 05:56:22 PM
On 8 Nov 2005 22:58:10 -0800, "fred" <clarma1@gmail.com> wrote:

As I've mentioned elsewhere, public school teachers can predictably get
fired, for example, if their students complain that their teacher lead
a 1st Amendment "protected" free speech classroom discussion about the
ramifications of irreducible complexity, for example.

Well, this is some expert babbling, Freddie
Teachers cannot lead prayer.
Teachers cannot promote religious dogma as "fact"---such as teaching
"creation".
The statement that teachers can be "fired..." for teaching "1st
Amendment protected speech...." is a bogus claim.
Teaching religious dogma is NOT "protected" because the "wall"
prevents government from doing so.
Teachers are GOVERNMENT
.

User: "David Jensen"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 09 Nov 2005 01:55:39 PM
On 8 Nov 2005 22:58:10 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131519490.638244.21440@g44g2000cwa.googlegroups.com>:

David Jensen wrote:

On 8 Nov 2005 13:42:22 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131486142.223997.79190@f14g2000cwb.googlegroups.com>:

David Jensen wrote:

<snipped for brevity>


No, you are not.


That's an outright lie.

Everson, Opelika and Cantwell opinions, Jefferson, 1st, 10th and 14th
Amendments


I didn't mean it that way. You say something or other and then assert
that whatever you quote supports it, even if the quote is opposed to
your conclusion. It's quite confusing.

Please answer these questions:

Do you think that the First Amendment protects citizens from improper
state entanglement with religion just as it protects citizens from
improper federal entanglement?


Subjectively, yes, the 1st A. protects citizens from the abuse of state
powers. Objectively however, where basic reading skills are concerned,
it actually falls short of doing the job.

The 1st and 10th Amendments of our experimental Constitution only imply
that the Founding Father's had expected the States to take the
initiative to balance their sovereign powers with personal federal
rights. But rear view vision shows that the Founding Father's wording
of the BOR had some weaknesses in this regard. But that's why the
Founding Fathers made the Constitution amendable in the first place.

Although many States proved that they could be trusted to balance their
10th Amendment protected sovereign powers with personal federal rights
on their own initiative, the 14th Amendment was a needed "read my lips"
for those states who were essentially using the 10th Amendment as a
loophole to abridge personal federal rights. Indeed, the 14th
Amendment didn't mean anything to those states who were already
respecting personal federal rights.


Now that the 14th Amendment was passed, how does the 10th possibly apply
to the First?


The problem is that separationist extremists, evidently yourself
included, are now insisting on the absurdity that the mere existance of
government power to legislate religion automatically translates into an
abuse of personal federal rights.


Wow. I wasn't aware that I said that or believe it. Thank you for
telling me what I believe.


Thank you for clarifying that.


However, this tunnel-vision
perspective ignores the fact that many states had previously
successfully balanced their sovereign powers with personal federal
rights which shows that separationists don't know what they're talking
about. The activist interpretation of the 14th Amendment is now being
used to unconstitutionally stifle free religious speech, plain and
simple.


Where?


What a disingenuous response. :^(

As I've mentioned elsewhere, public school teachers can predictably get
fired, for example, if their students complain that their teacher lead
a 1st Amendment "protected" free speech classroom discussion about the
ramifications of irreducible complexity, for example.

Fired? I've not heard of that happening, but, the students are protected
from teachers, in the role of representatives of the state, from trying
to teach religious doctrines. Now, in a history of science, or maybe a
class called "Popular Delusions and the Madness of Crowds" it would be
perfectly reasonable to discuss it.

As I've posted many times elsewhere, the Opelika extract is essentially
saying the same thing that I am:

"Conflicts in the exercise of rights arise and the conflicting forces
seek adjustments in the courts, as do these parties, claiming on the
one side the freedom of religion, speech and the press, guaranteed by
the Fourteenth Amendment,11 and on the other the right to employ the
sovereign power explicitly reserved to the State by the Tenth Amendment
to ensure orderly living without which constitutional guarantees of
civil liberties would be a mockery." -- Jones v. City of Opelika 1942


As you have been told again and again that this is not a controlling
case, though the Court decisions that you object to have been protective
of free exercise. Don't you like JWs or something?


With all due respect to JWs, I'm not concerned with the outcome of the
case. I reference the Opelika opinion to show that the 10th Amendment
protected sovereign powers of the States are still alive and kicking
regardless that the activist Court dares not bring this Amendment to
the attention of the constutionally ignorant American people.

You keep repeating the same thing, but don't follow up with any evidence
other than a misreading of a case that was overturned the next year.

Again and again, Justices are expected to balance the 10th Amendment
protected sovereign powers of the States with the now explicit 14th
Amendment protections of federal personal rights. But this obviously
hasn't stopped activist Justices from claiming that the 14th Amendment
applied the 1st Amendment prohibitions on the federal government to the
State governments with respect to their scandalous efforts to
unconstitutionally stifle free religious speech. The Slaughterhouse
opinion, in fact, reflects that it's not the job of Justices to
(re)define the boundaries of government power:


Has anyone in a majority opinion refered to it for support in the past
century? I haven't noticed.


Don't know. But that's not saying much given the lifetime appointment
of Justices including activist Justices.

Like Scalia?

"This court has no authority to interpolate a limitation that is
neither expressed nor implied. Our duty is to execute the law, not to
make it." -- Slaughterhouse Cases 1872


And then it gutted the Fourteenth Amendment.


Activist Justices are essentially free to wallow in mud with respect to
gutting the 14th A. and anything else in the Constitution for that
matter since the People are largely ignorant of the Constitution anyway.

.






User: "Strabo"

Title: Re: 'Intelligent design' trial ends; discussion fails 10th Amendment test 08 Nov 2005 07:39:31 PM
In Re: 'Intelligent design' trial ends; discussion fails 10th
Amendment test on Mon, 07 Nov 2005 13:47:41 -0600, by David
Jensen, we read:

On 7 Nov 2005 10:18:40 -0800, in alt.atheism
"fred" <clarma1@gmail.com> wrote in
<1131387520.201498.213070@o13g2000cwo.googlegroups.com>:

Knickkkers@Hang-up.com wrote:

On Sun, 06 Nov 2005 16:15:59 -0600, David Jensen
<david@dajensen-family.com> wrote:

No, you corrected nothing, and you have ignored the case law.


"Case law" isn't relevant to Freddies beliefs

Freddie, believes HE can "read" the constitution, make a determination
that particular ruling(s) do not conform to his interpretations--and
therefore are "wrong"


"Laws are made for men of ordinary understanding and should, therefore,
be construed by the ordinary rules of common sense. Their meaning is
not to be sought for in metaphysical subtleties which may make anything
mean everything or nothing at pleasure." --Thomas Jefferson to William
Johnson, 1823. ME 15:450


Which is why it is so simple to understand that the 14th Amendment
protects all citizens of the United States not only from the Federal
goverment but also the state governments. It makes certain that the
rights all citizens had in the Constitution and the Bill of Rights are
applied at the state and federal level. This is not hard to understand.

Which is the problem inherent with statutes or amendments that
can be interpreted as altering individual rights or state powers
as originally stated in the Constitution.
It's a conflict of philosophy and ideology.
The 14th A. also has the problem of interpretation as regards
children of illegal aliens born on American soil. In this case
the practical nature of the original intent is glaring, no nation
can long survive invasion by illegal aliens no matter the
circumstance.
The Congress is currently faced with amending the amendment or
attempting a legalistic bypass.
One can argue that, since the Congress of 1861 was interrupted
and never reconvened or concluded, the 14th A. represents the
end of the Constitution and original intent, and the beginning
of extra-constitutional government.

"Common sense [is] the foundation of all authorities, of the laws
themselves, and of their construction." --Thomas Jefferson: Batture at
New Orleans, 1812. ME 18:92

He circular argues that "founders writings" support his belief, yet
cannot support a claim that "writings, letters, etc" are legally
binding.


Your above statement in an outright lie. I've been pointing out, until
I'm blue in the face, that the Everson Justices unthinkingly
cherry-picked previous opinions without bothering to corroborate them
in order to help bluff its outcome-driven interpretation of the
establishment clause. The Court's first blunder in Everson was to
twist Jefferson's "wall of separation" words to suggest that the
Founding Fathers had wanted absolute church-state separation all along:


You can say that all you want, but your claim is false. Nothing in
Everson, certainly not the part you repeatedly post supports your claim.
Learn to read case law.

And if case law were to say, outlaw private property, would you
continue to avoid original intent?
Case law provides a convenience for attorneys and positive law
advocates but has no basis in original intent. In other words,
constitutional judgement nor the judgement of jurors need heed
case law. The former seeks adherence to first principles and
the latter to conscience.

"In the words of Jefferson, the clause against establishment of
religion by law was intended to erec