-- In HRSepCnS@yahoogroups.com, [delete] wrote:
Ah, we're getting to the heart of the matter now. Are you saying that
the SCOTUS has expanded the literal phrase "make a law" that's in the
Constitution to include endorsement?
It was always there
What you have to do is to read both the majority and the dissenting
opinions of Everson v Bd of ed, 330 U.S. 1 (1947) Both opinions because
all 9 justices agreed on the rule of law they defined in that opinion,
even though they disagreed to application
Then look to the cited material in both the majority and dissenting
opinions since that what they studied to formulate that rule of
law.
After studying that material they wrote the following as being that
which best stated that which they came away with from that studying of
that historical and in some cases legal data
Note especially 2, 2a and 2b. That is your foundation for endorsement.
Also, wording is make no law RESPECTING an establishment of religion
Put in layman language
The federal or state government shall make no law RESPECTING
(with reference or regard to - to be directed to; to refer or relate to; to
deal or be concerned with ) an establishment (institution) of religion
( sect, denomination, cult, religious society, religion )
ESTABLISHMENT CLAUSE
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RULES:
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The Establishment Clause as defined by the USSC in Everson v. Bd of
Ed, 1947 (it is based the Madison view of strict separation)
The "establishment of religion" clause of the First Amendment means at
least this:
(1) neither a state nor the Federal Government can set up a church.
(2) Neither can pass laws which aid one religion,
(2a) aid all religions,
(2b) or prefer one religion over another.
(3) Neither can force
(3a) nor influence a person to go to
(3b) or to remain away from church against his will
(3c) or force him to profess a belief
(3d) or disbelief in any religion.
(4) No person can be punished for entertaining [p*16]
(4a) or professing religious beliefs
(4b) or disbeliefs,
(4c) for church attendance
(4d) or non-attendance.
(5) No tax in any amount,
(5a) large or small, can be levied to support any religious activities
(5b) or institutions, whatever they may be called,
(5c) or whatever form they may adopt to teach
(5d) or practice religion.
(6) Neither a state
(6a) nor the Federal Government can, openly or secretly, participate
in the
(6b) affairs of any religious organizations
(6c) or groups,
(6d) and vice versa.
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Also, if you want to get technical you have to look at the legal
definition for the word Law
Law. That which is laid down, ordained, or established. A rule or
method according to which phenomena or actions co-exist or follow each
other. Law, in its generic sense, is a body of rules of action or
conduct prescribed by controlling authority, and having binding legal
force. That which must be obeyed and followed by citizens subject to
sanctions or legal consequences is a law. Law is a solemn expression
of the will of the supreme power of the State. Calif.Civil Code,
§ 22.
The "law" of a state is to be found in its statutory and
constitutional enactments, as interpreted by its courts, and, in
absence of statute law, in rulings of its courts (i.e. case law).
The word may mean or embrace: body of principles, standards and rules
promulgated by government constitution or constitutional provision;
statute or enactment of legislative body; administrative agency rules
and regulations; judicial decisions, judgments or decrees; municipal
ordinances; or, long established local custom which has the force of law.
With reference to its origin, "law" is derived either from judicial
precedents, from legislation, or from custom.
******************************************************
One also has to look at the legal definition for the word "ACT."
Act and Law has been used interchangeable at times. For example
Madison vetoed three Acts of Congress whole he was President because
he said they violated the Establishment Clause.
One legal definition for act is:
It may denote something done by an individual, as a private citizen,
or as an officer; or by a body of men, as a legislature, a council, or
a court of justice; including not merely physical acts, but also
decrees, edicts, laws, judgments, resolves, awards, and de-
terminations.
The above definitions come from Black's Law Dictionary Abridged Sixth
Edition, West Publishing (1991)
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To place a creche, for example, on a public land one has to get approval
and/or a permit of some kind from the city. The rules for determining what
is and what isn't permitted and other such things such as size,
appearance and the like is lair out in those rules, in the laws and
ordinances passed by the city council, county commissioners, or whoever
makes laws and ordinaces for that area.
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