lawsuit for Jesus prayer in VA City Council



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Topic: Religions > Atheism
User: ""
Date: 16 Jan 2006 10:57:46 AM
Object: lawsuit for Jesus prayer in VA City Council
Take your pick of which story you prefer
Just the first 10 listed
http://www.google.com/search?hl=en&q=lawsuit+for+Jesus+prayer+in+VA+City+Council&btnG=Google+Search

:|Conservative Group Sues Virginia City Council Over Prayer Policy ...
:|... Va., city council member who claims the city council's prayer policy ...
:|The Rutherford Institute's lawsuit calls on the city council to end its ...
:|www.cnsnews.com/ViewCulture.asp?Page=%5CCulture%5Carchive%5C200601%5CCUL20060111b.html - 27k - Cached - Similar pages
:|
:|ARTICLE: Ruling puts prayers under renewed scrutiny (The Virginian ...
:|A Fredericksburg City Council member, who also is a minister, has refused to
:|remove Jesus’ name from his council prayer, and the state’s office of the ...
:|home.hamptonroads.com/stories/story.cfm?story=73723&ran=38823 - Similar pages
:|
:|Townhall.com :: News ::Conservative Group Sues Virginia City ...
:|Conservative Group Sues Virginia City Council Over Prayer Policy ... has filed
:|a lawsuit on behalf of a Fredericksburg, Va., city council member who claims ...
:|www.townhall.com/news/ext_wire.html?rowid=46417 - 18k - Cached - Similar pages
:|
:|ReligionLink - Continuing clashes over prayer before public meetings
:|... who delivered the city council's opening prayer prayed in the name of Jesus.
:|... 8, 2002, Washington Times story about a federal lawsuit filed by a ...
:|www.religionlink.org/tip_030203b.php - 46k - Cached - Similar pages
:|
:|Prayers and invocations at municipal council meetings
:|This was a prayer in the name of Jesus. That's what crossed the line. ...
:|2004-JUL-29: Half of Tampa FL city council walks out of meeting: ...
:|www.religioustolerance.org/sep_c_st4.htm - 37k - Cached - Similar pages
:|
:| Invocations at Great Falls, SC, town council meetings
:| Prayers at the Great Falls Council have not referred to Jesus Christ since that
:| ... P.pdf; JG "Appeals court rules South Carolina City council prayers ...
:| www.religioustolerance.org/wicgf.htm - 26k - Cached - Similar pages
:|
:|firstamendmentcenter.org: news
:|The group has warned the city that it may face a lawsuit if such prayers continue
:|at council meetings. Because of that threat, Councilman Hashmel Turner ...
:|www.firstamendmentcenter.org/news.aspx?id=14407 - 21k - Cached - Similar pages
:|
:|Fredericksburg.com - Virginia prayer case is reversed
:|Appeals court rules against Wiccan in Virginia prayer lawsuit ... Other City
:|Council members pray but make no reference to Christ or any specific ...
:|www.fredericksburg.com/News/FLS/2005/042005/04152005/1734938 - 41k - Cached - Similar pages
:|
:| Fredericksburg.com - Turner yields on prayer
:| To avoid a lawsuit, Fredericksburg City Councilman Hashmel Turner did not give
:| the opening prayer at last night's council meeting, as had been planned. ...
:| www.fredericksburg.com/News/FLS/2004/072004/07282004/1446563 - 41k - Cached - Similar pages
:|
:|ACLU Story Archives
:|5/7/2004 ACLU Threatens La Mesa City Council Over Prayer ... been threatened with
:|a lawsuit for having the name of Jesus Christ used in an opening prayer. ...
:|www.reclaimamerica.org/Pages/ACLU/StoryArchives.asp - 53k - Cached - Similar pages
:|

**************************************************************
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: "fred"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 16 Jan 2006 12:11:55 PM
wrote:

Take your pick of which story you prefer

Just the first 10 listed

http://www.google.com/search?hl=3Den&q=3Dlawsuit+for+Jesus+prayer+in+VA+C=

ity+Council&btnG=3DGoogle+Search
Regarding the Fredericksburg, Va. prayer issue, the following
generalization concerning free religious speech applies:
"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
In this particular case, claiming that the council member is violating
the establishment clause by mentioning Jesus merely reflects the
Court's unsophisticated interpretation of the establishment clause in
the Everson opinion. This particular issue amounts to nothing more
than unconstitutional suppression of religious expression under the
guise of upholding the Constitution. Given that the States have the
power to address religious issues (10th) the bottom line is that it's
up to the city's majority voters to decide such things. If the
practice is unpopular, the voters can optionally get rid of the council
member, for example.
The bottom line problem with never-ending church-state separation
unrest, however, is that the people don't read the Constitution in the
first place.
10th Amendment: 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.
When the 1st and 10th Amendments are considered together, it is
reasonable to conclude that the 10th reserved the power to legislate
religion to the States since the 1st explicitly prohibited this power
only to Congress (federal government; aka United States). Church-state
separation discussions which fail to mention the 10th are based on the
Court's scandalous interpretation of the establishment clause in the
Everson opinion:
"The 'establishment of religion' clause of the First Amendment means at
least this: Neither a state nor the Federal Government can set up a
church. Neither can pass laws which aid one religion, aid all
religions, or prefer one religion over another. Neither can force nor
influence a person to go to or to remain away from church against his
will or force him to profess a belief or disbelief in any religion. No
person can be punished for entertain- [330 U.S. 1, 16] ing or
professing religious beliefs or disbeliefs, for church attendance or
non-attendance. No tax in any amount, large or small, can be levied to
support any religious activities or institutions, whatever they may be
called, or whatever from they may adopt to teach or practice religion.
Neither a state nor the Federal Government can, openly or secretly,
participate in the affairs of any religious organizations or groups and
vice versa. 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.


:|Conservative Group Sues Virginia City Council Over Prayer Policy ...
:|... Va., city council member who claims the city council's prayer poli=

cy ...

:|The Rutherford Institute's lawsuit calls on the city council to end it=

s ...

:|www.cnsnews.com/ViewCulture.asp?Page=3D%5CCulture%5Carchive%5C200601%5=

CCUL20060111b.html - 27k - Cached - Similar pages

:|
:|ARTICLE: Ruling puts prayers under renewed scrutiny (The Virginian ...
:|A Fredericksburg City Council member, who also is a minister, has refu=

sed to

:|remove Jesus' name from his council prayer, and the state's office of =

the ...

:|home.hamptonroads.com/stories/story.cfm?story=3D73723&ran=3D38823 - Si=

milar pages

:|
:|Townhall.com :: News ::Conservative Group Sues Virginia City ...
:|Conservative Group Sues Virginia City Council Over Prayer Policy ... h=

as filed

:|a lawsuit on behalf of a Fredericksburg, Va., city council member who =

claims ...

:|www.townhall.com/news/ext_wire.html?rowid=3D46417 - 18k - Cached - Sim=

ilar pages

:|
:|ReligionLink - Continuing clashes over prayer before public meetings
:|... who delivered the city council's opening prayer prayed in the name=

of Jesus.

:|... 8, 2002, Washington Times story about a federal lawsuit filed by a=

=2E..

:|www.religionlink.org/tip_030203b.php - 46k - Cached - Similar pages
:|
:|Prayers and invocations at municipal council meetings
:|This was a prayer in the name of Jesus. That's what crossed the line. =

..=2E.

:|2004-JUL-29: Half of Tampa FL city council walks out of meeting: ...
:|www.religioustolerance.org/sep_c_st4.htm - 37k - Cached - Similar pages
:|
:| Invocations at Great Falls, SC, town council meetings
:| Prayers at the Great Falls Council have not referred to Jesus Chri=

st since that

:| ... P.pdf; JG "Appeals court rules South Carolina City council pra=

yers ...

:| www.religioustolerance.org/wicgf.htm - 26k - Cached - Similar pages
:|
:|firstamendmentcenter.org: news
:|The group has warned the city that it may face a lawsuit if such praye=

rs continue

:|at council meetings. Because of that threat, Councilman Hashmel Turner=

=2E..

:|www.firstamendmentcenter.org/news.aspx?id=3D14407 - 21k - Cached - Sim=

ilar pages

:|
:|Fredericksburg.com - Virginia prayer case is reversed
:|Appeals court rules against Wiccan in Virginia prayer lawsuit ... Othe=

r City

:|Council members pray but make no reference to Christ or any specific .=

..=2E

:|www.fredericksburg.com/News/FLS/2005/042005/04152005/1734938 - 41k - C=

ached - Similar pages

:|
:| Fredericksburg.com - Turner yields on prayer
:| To avoid a lawsuit, Fredericksburg City Councilman Hashmel Turner =

did not give

:| the opening prayer at last night's council meeting, as had been pl=

anned. ...

:| www.fredericksburg.com/News/FLS/2004/072004/07282004/1446563 - 41k=

- Cached - Similar pages

:|
:|ACLU Story Archives
:|5/7/2004 ACLU Threatens La Mesa City Council Over Prayer ... been thre=

atened with

:|a lawsuit for having the name of Jesus Christ used in an opening praye=

r=2E ...

:|www.reclaimamerica.org/Pages/ACLU/StoryArchives.asp - 53k - Cached - S=

imilar pages

:|



**************************************************************
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 =B7 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. Eisne=

r,

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: ""

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 16 Jan 2006 04:12:48 PM
On 16 Jan 2006 10:11:55 -0800, "fred"
<clarma1@gmail.com> wrote:

buckeye-elo@nospam.net wrote:

Take your pick of which story you prefer

Just the first 10 listed

http://www.google.com/search?hl=en&q=lawsuit+for+Jesus+prayer+in+VA+City+Council&btnG=Google+Search


Regarding the Fredericksburg, Va. prayer issue, the following
generalization concerning free religious speech applies:
--Thomas Jefferson: Draft Kentucky
Resolutions, 1798. ME 17:382

What constitutional legal standing does "what Jefferson
thought" have to do with anything, Freddie?

I Given that the States have the
power to address religious issues (

No such power exists, Freddie


The bottom line problem with never-ending church-state separation
unrest, however, is that the people don't read the Constitution in the
first place.

"PEOPLE" don't need to "read" the constitution unless
they just like to babble on about it, Freddie
The USSC "reads" and interprets the constituion. Hasn't
that been made clear?
An individual's "reading" has NO authority, no
legality, not one thing relevant to any discussion.

10th Amendment: 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.

Those "powers" are limited by a FEDERAL constituion and
by what the USSC SAYS they have.

When the 1st and 10th Amendments are considered together, it is
reasonable to conclude........

No it isn't
THe reason it isn't, is because NO ONE (except a
fucking nut-case judge) thinks it is.

"The 'establishment of religion' clause of the First Amendment means at
least this: Neither a state nor the Federal Government can set up a
church.

Wrong again (and again, and again, and again)
You "establish" by lending: a) authority to; b)
legitimizing); c) giving credence to, or a host of
other things designed to give crediblity to a specified
dogma.
.
User: "fred"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 16 Jan 2006 08:32:21 PM
wrote:

On 16 Jan 2006 10:11:55 -0800, "fred"
<clarma1@gmail.com> wrote:

buckeye-elo@nospam.net wrote:

Take your pick of which story you prefer

Just the first 10 listed

http://www.google.com/search?hl=en&q=lawsuit+for+Jesus+prayer+in+VA+City+Council&btnG=Google+Search


Regarding the Fredericksburg, Va. prayer issue, the following
generalization concerning free religious speech applies:


--Thomas Jefferson: Draft Kentucky
Resolutions, 1798. ME 17:382


What constitutional legal standing does "what Jefferson
thought" have to do with anything, Freddie?

As I have repeatedly been telling you, take your complaint about
Jefferson to the Supreme Court. This is because it is your
anti-religious expression Justice friends who referenced Jefferson's
"wall of separation" writing to help defend their twisted
interpretation of the establishment clause. Here is the key paragraph
from the Everson opinion for you to ignore again:
"The 'establishment of religion' clause of the First Amendment means at
least this: Neither a state nor the Federal Government can set up a
church. Neither can pass laws which aid one religion, aid all
religions, or prefer one religion over another. Neither can force nor
influence a person to go to or to remain away from church against his
will or force him to profess a belief or disbelief in any religion. No
person can be punished for entertain- [330 U.S. 1, 16] ing or
professing religious beliefs or disbeliefs, for church attendance or
non-attendance. No tax in any amount, large or small, can be levied to
support any religious activities or institutions, whatever they may be
called, or whatever from they may adopt to teach or practice religion.
Neither a state nor the Federal Government can, openly or secretly,
participate in the affairs of any religious organizations or groups and
vice versa. 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.


I Given that the States have the
power to address religious issues (


No such power exists, Freddie

You continue to ignore that the States not only had the power to
address religion before the federal government even existed but that
the States reserved this power uniquely for themselves as reflected by
the 1st and 10th Amendments.



The bottom line problem with never-ending church-state separation
unrest, however, is that the people don't read the Constitution in the
first place.


"PEOPLE" don't need to "read" the constitution unless
they just like to babble on about it, Freddie

The USSC "reads" and interprets the constituion. Hasn't
that been made clear?

Article 5 of the Constitution shows that the people are the final
authority as to how the Constitution is to be interpreted.


An individual's "reading" has NO authority, no
legality, not one thing relevant to any discussion.

Again, the people are the final constitutional authority.


10th Amendment: 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.


Those "powers" are limited by a FEDERAL constituion and
by what the USSC SAYS they have.

You have evidently chosen to ignore Article 5 of the Constitution.


When the 1st and 10th Amendments are considered together, it is
reasonable to conclude........


No it isn't

Ask a grade school child about this. I'm sure that they'll be glad to
straighten you out.


THe reason it isn't, is because NO ONE (except a
fucking nut-case judge) thinks it is.

The only reason you that you are denying the common sense
interpretation of the 1st and 10th Amendments where our religious
freedoms concerned is because you want to destroy constitutionally
guaranteed free religious expression.


"The 'establishment of religion' clause of the First Amendment means at
least this: Neither a state nor the Federal Government can set up a
church.


Wrong again (and again, and again, and again)

You "establish" by lending: a) authority to; b)
legitimizing); c) giving credence to, or a host of
other things designed to give crediblity to a specified
dogma.

Again, read Article 5 of the Constitution to prove to yourself that it
is the people who ultimately call the shots in the United States of
America.
.
User: "cpt banjo"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 16 Jan 2006 10:16:41 PM
fred wrote:

You continue to ignore that the States not only had the power to
address religion before the federal government even existed but that
the States reserved this power uniquely for themselves as reflected by
the 1st and 10th Amendments.

And Freddie continues to ignore that the 14th Amendment (as well as
other later amendments) limits what the states can do under the 10th.

The USSC "reads" and interprets the constituion. Hasn't
that been made clear?


Article 5 of the Constitution shows that the people are the final
authority as to how the Constitution is to be interpreted.

They are, but where the Supreme Court has ruled on an issue of
constitutional law, the Court is the final authority unless and until
the people act to reverse the Court's decision by amending the
Constitution. Until they do, the decision is the law.

The only reason you that you are denying the common sense
interpretation of the 1st and 10th Amendments where our religious
freedoms concerned is because you want to destroy constitutionally
guaranteed free religious expression.

Freddie continues to spread the lie that refusing to allow the
government to promote religion somehow amounts to stifling religious
expression.
.
User: "fred"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 17 Jan 2006 12:01:01 AM
cpt banjo wrote:

fred wrote:

You continue to ignore that the States not only had the power to
address religion before the federal government even existed but that
the States reserved this power uniquely for themselves as reflected by
the 1st and 10th Amendments.



And Freddie continues to ignore that the 14th Amendment (as well as
other later amendments) limits what the states can do under the 10th.

The states have the constitutional power (10th) to authorize public
schools to lead non-mandatory (14th) classroom discussions about the
pros and cons of evolution, creationism and irreducible complexity, for
example, regardless that atheists, separationists, secular judges and
the liberal media are misleading the people to believe that doing such
things is unconstitutional.


The USSC "reads" and interprets the constituion. Hasn't
that been made clear?


Article 5 of the Constitution shows that the people are the final
authority as to how the Constitution is to be interpreted.



They are, but where the Supreme Court has ruled on an issue of
constitutional law, the Court is the final authority unless and until
the people act to reverse the Court's decision by amending the
Constitution. Until they do, the decision is the law.

You're not being honest with yourself about where the buck finally
stops and are consequently contradicting yourself. The people, not the
Court, are the final authority.



The only reason you that you are denying the common sense
interpretation of the 1st and 10th Amendments where our religious
freedoms concerned is because you want to destroy constitutionally
guaranteed free religious expression.



Freddie continues to spread the lie that refusing to allow the
government to promote religion somehow amounts to stifling religious
expression.

"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: ""

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 17 Jan 2006 08:42:38 AM
On 16 Jan 2006 22:01:01 -0800, "fred"
<clarma1@gmail.com> wrote:

The states have the constitutional power (10th) to authorize public
schools to lead non-mandatory (14th) classroom discussions about the
pros and cons of evolution, creationism and irreducible complexity, for
example, regardless that atheists, separationists, secular judges and
the liberal media are misleading the people to believe that doing such
things is unconstitutional.

You're absolutely right, Freddie
But NOT in a SCIENCE Class
Creationism is NOT science----its religious speculation

They are, but where the Supreme Court has ruled on an issue of
constitutional law, the Court is the final authority unless and until
the people act to reverse the Court's decision by amending the
Constitution. Until they do, the decision is the law.


You're not being honest with yourself about where the buck finally
stops and are consequently contradicting yourself. The people, not the
Court, are the final authority.

He just told you that ONLY by amending the constitution
could the USSC be "overruled" as to the interpretation
of the constitution.
Even then, a constitutional amendment MUST pass USSC
constitutional requirement.

"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

A 1798 "writing" by Jefferson is NOT binding authority,
Freddie.
A state cannot do what a national constitution forbids
the national government from doing
Being "Free" from religion is a RIGHT extended to ALL
citizens irrespective of what STATE they live in.
The supremacy clause, the 14th amendment, (and various
other rulings) have established that NO STATE can
independently do what the federal government guarantees
ALL citizens will be free from
.
User: "fred"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 17 Jan 2006 12:49:29 PM
wrote:

On 16 Jan 2006 22:01:01 -0800, "fred"
<clarma1@gmail.com> wrote:

The states have the constitutional power (10th) to authorize public
schools to lead non-mandatory (14th) classroom discussions about the
pros and cons of evolution, creationism and irreducible complexity, for
example, regardless that atheists, separationists, secular judges and
the liberal media are misleading the people to believe that doing such
things is unconstitutional.


You're absolutely right, Freddie

But NOT in a SCIENCE Class

Your anti-religious expression tunnel vision is blinding you to the
problem that putting such a test on free speech is unconstitutionally
limiting free speech. Public schools might consider offering classes
that teach science from both points of view.


Creationism is NOT science----its religious speculation

Agreed.



They are, but where the Supreme Court has ruled on an issue of
constitutional law, the Court is the final authority unless and until
the people act to reverse the Court's decision by amending the
Constitution. Until they do, the decision is the law.


You're not being honest with yourself about where the buck finally
stops and are consequently contradicting yourself. The people, not the
Court, are the final authority.


He just told you that ONLY by amending the constitution
could the USSC be "overruled" as to the interpretation
of the constitution.

So what if the Constitution has to be amended? We're discussing the
FINAL authority with how the Constitution is to be interpreted. The
people are still the FINAL authority, not the USSC. The only reason
that you and other anti-religious expression factions are putting
Justices on a pedestal, in fact, is because secular-minded Justices are
telling you the things that you want to hear with respect to the
unconstitutional stifling of free religious speech.


Even then, a constitutional amendment MUST pass USSC
constitutional requirement.

You're in the Twilight Zone -- again. You are ignoring that it was the
States who created the federal government and the USSC in the first
place; it is the States who ultimately call the shots in the US of A,
not the USSC. Article 5 of the Constitution shows that only Congress
and the States are involved in the constitutional amendment process.
The USSC would only get involved if someone were to complain that
Article 5 procedures weren't reasonably followed.
Article V:
"The Congress, whenever two thirds of both Houses shall deem it
necessary, shall propose Amendments to this Constitution, or, on the
Application of the Legislatures of two thirds of the several States,
shall call a Convention for proposing Amendments, which, in either
Case, shall be valid to all Intents and Purposes, as Part of this
Constitution, when ratified by the Legislatures of three fourths of the
several States, or by Conventions in three fourths thereof, as the one
or the other Mode of Ratification may be proposed by the Congress;
Provided that no Amendment which may be made prior to the Year One
thousand eight hundred and eight shall in any Manner affect the first
and fourth Clauses in the Ninth Section of the first Article; and that
no State, without its Consent, shall be deprived of its equal Suffrage
in the Senate."
Again, you are putting Justices on a pedestal because secular Justices
are telling you what you want to hear as they are ignoring what the
Constitution indicates about free religious expression.



"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


A 1798 "writing" by Jefferson is NOT binding authority,
Freddie.

I've repeatedly told you to take your complaint about Jefferson to the
Justices who are indeed treating Jefferson's words as if Jefferson was
a binding authority.


A state cannot do what a national constitution forbids
the national government from doing

You are pulling ideas out of thin air. It's your credibility.


Being "Free" from religion is a RIGHT extended to ALL
citizens irrespective of what STATE they live in.

What you need to do is to find an uninhabited island in the Pacific and
establish your own government on it. Indeed, you're already off to a
good start with respect to writing your own constitution.


The supremacy clause, the 14th amendment, (and various
other rulings) have established that NO STATE can
independently do what the federal government guarantees
ALL citizens will be free from

Interesting idea. You may want to include it in your island's
constitution.
.
User: "Bob LeChevalier"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 18 Jan 2006 03:43:55 AM
"fred" <clarma1@gmail.com> wrote:

Your anti-religious expression tunnel vision is blinding you to the
problem that putting such a test on free speech is unconstitutionally
limiting free speech. Public schools might consider offering classes
that teach science from both points of view.

Public schools are part of government, and government speech is not
"free speech"

Creationism is NOT science----its religious speculation


Agreed.

Therefore it has no place in the science classroom. End of
discussion.

So what if the Constitution has to be amended? We're discussing the
FINAL authority with how the Constitution is to be interpreted. The
people are still the FINAL authority, not the USSC.

No. If the Constitution is amended, that does not change the
interpretation of the unamended text. It merely requires the courts
to consider the amendment as binding on later interpretations.
lojbab
.
User: "fred"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 21 Jan 2006 07:06:39 PM
Bob LeChevalier wrote:

"fred" <clarma1@gmail.com> wrote:

Your anti-religious expression tunnel vision is blinding you to the
problem that putting such a test on free speech is unconstitutionally
limiting free speech. Public schools might consider offering classes
that teach science from both points of view.


Public schools are part of government, and government speech is not
"free speech"

You are concocting things on the spot. I suppose that anything goes,
at least in your book, to perpetuate the lie about absolute
church-state separation.


Creationism is NOT science----its religious speculation


Agreed.


Therefore it has no place in the science classroom. End of
discussion.

ROTFL
Yes, hurry, change the subject before somebody catches on to your
double talk.


So what if the Constitution has to be amended? We're discussing the
FINAL authority with how the Constitution is to be interpreted. The
people are still the FINAL authority, not the USSC.


No. If the Constitution is amended, that does not change the
interpretation of the unamended text. It merely requires the courts
to consider the amendment as binding on later interpretations.

ROTFL
The people can write the 28th Amendment so that it repeals all existing
amendments and then start a new Constitution from scratch if they want
to. I think you are just maneuvering to promote the politically
correct interpretation of the 14th which unconstitutionally stifles
religious exprression.


lojbab

.
User: "Bob LeChevalier"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 21 Jan 2006 10:56:23 PM
"fred" <clarma1@gmail.com> wrote:

Bob LeChevalier wrote:

"fred" <clarma1@gmail.com> wrote:

Your anti-religious expression tunnel vision is blinding you to the
problem that putting such a test on free speech is unconstitutionally
limiting free speech. Public schools might consider offering classes
that teach science from both points of view.


Public schools are part of government, and government speech is not
"free speech"


You are concocting things on the spot.

No, I am repeating the gist of a goodly number of court rulings.

I suppose that anything goes,
at least in your book, to perpetuate the lie about absolute
church-state separation.

I don't lie.

So what if the Constitution has to be amended? We're discussing the
FINAL authority with how the Constitution is to be interpreted. The
people are still the FINAL authority, not the USSC.


No. If the Constitution is amended, that does not change the
interpretation of the unamended text. It merely requires the courts
to consider the amendment as binding on later interpretations.


ROTFL

The people can write the 28th Amendment so that it repeals all existing
amendments and then start a new Constitution from scratch if they want
to.

They could. But that would not change any decision from before the
amendment.
The Dred Scott decision has been superseded by the Civil War and the
13th and 14th amendments, but Dred Scott himself was returned to
slavery for the next several years, and no amendment could ever give
him his life back.

I think you are just maneuvering to promote the politically
correct interpretation of the 14th

I promote the only LEGAL interpretation of the 14th, which is the one
promulgated by the USSC. All other interpretations are utterly
irrelevant.

which unconstitutionally stifles religious exprression.

It doesn't, and it cannot be unconstitutional because only the USSC
can rule something unconstitutional.
Your opinion is utterly irrelevant.
lojbab
.
User: "fred"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 22 Jan 2006 01:01:01 AM
Bob LeChevalier wrote:

"fred" <clarma1@gmail.com> wrote:

Bob LeChevalier wrote:

"fred" <clarma1@gmail.com> wrote:

Your anti-religious expression tunnel vision is blinding you to the
problem that putting such a test on free speech is unconstitutionally
limiting free speech. Public schools might consider offering classes
that teach science from both points of view.


Public schools are part of government, and government speech is not
"free speech"


You are concocting things on the spot.


No, I am repeating the gist of a goodly number of court rulings.

Ah yes, strength in numbers. But in your case it's a false sense of
security. The problem is that you've put your faith into the wrong
number because Article 5 of the Constitution shows that the only number
that counts in America is the majority will of the people. Lincoln put
it this way:
"We the People are the rightful master of both congress and the courts
- not to overthrow the Constitution, but to overthrow the men who
pervert the Constitution." --Abraham Lincoln, Political Debates Between
Lincoln and Douglas. 1897
Let's face it lojbab, you're as anti-religious expression as they come.
The only reason that you're cheerleading the unconstitutional
decisions of activist Justices is because they are telling you what you
want to hear, the Constitution be damned. I wouldn't be surprised if
you celebrate every time your corrupt Justice friends legislate an
unconstitutional, absolute church-state separation "law" from the
bench.


I suppose that anything goes,
at least in your book, to perpetuate the lie about absolute
church-state separation.


I don't lie.

I don't lie either. ;^)


So what if the Constitution has to be amended? We're discussing the
FINAL authority with how the Constitution is to be interpreted. The
people are still the FINAL authority, not the USSC.


No. If the Constitution is amended, that does not change the
interpretation of the unamended text. It merely requires the courts
to consider the amendment as binding on later interpretations.


ROTFL

The people can write the 28th Amendment so that it repeals all existing
amendments and then start a new Constitution from scratch if they want
to.


They could. But that would not change any decision from before the
amendment.

The people can write an amendment which voids judicial precedent just
as easily as they can repeal any existing amendment.
Again, you are unwittingly putting case precedents on a pedestal,
regarding precedents as more important than the Constitution itself.
And the reason that you do this is because precedents reflect the
decisions of corrupt, anti-religious expression Justices who tell you
what you want to hear about the bogus constitutional principal of
absolute church-state separation, the Constitution be damned.


The Dred Scott decision has been superseded by the Civil War and the
13th and 14th amendments, but Dred Scott himself was returned to
slavery for the next several years, and no amendment could ever give
him his life back.

I think you are just maneuvering to promote the politically
correct interpretation of the 14th


I promote the only LEGAL interpretation of the 14th, which is the one
promulgated by the USSC. All other interpretations are utterly
irrelevant.

You're merely defending your corrupt, lying Justice friends because
they tell you what you want to hear. Again, both Jefferson and Lincoln
told us to be on our guard for corrupt judges:
"One single object... [will merit] the endless gratitude of society:
that of restraining the judges from usurping legislation." --Thomas
Jefferson to Edward Livingston, 1825. ME 16:113
"We the People are the rightful master of both congress and the courts
- not to overthrow the Constitution, but to overthrow the men who
pervert the Constitution." --Abraham Lincoln, Political Debates Between
Lincoln and Douglas. 1897


which unconstitutionally stifles religious exprression.


It doesn't, and it cannot be unconstitutional because only the USSC
can rule something unconstitutional.

ROTFL
Again, Article 5 of the Constitution shows that you are ignoring that
it is ultimately the majority will of the people, not your corrupt USSC
Justice friends, who call the shots in the United States of America.


Your opinion is utterly irrelevant.

No, I'm not like one of your crooked Justice friends who tell you what
you want to hear.


lojbab

.
User: "Bob LeChevalier"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 22 Jan 2006 08:18:02 AM
"fred" <clarma1@gmail.com> wrote:

Bob LeChevalier wrote:

You are concocting things on the spot.


No, I am repeating the gist of a goodly number of court rulings.


Ah yes, strength in numbers.

Strength in reference to THE authority stated in the Constitution for
matters in dispute regarding the Constitution.

But in your case it's a false sense of
security. The problem is that you've put your faith into the wrong
number because Article 5 of the Constitution shows that the only number
that counts in America is the majority will of the people.

Obviously not, or Gore would have been president in 2001.

Lincoln put it this way:

and Lincoln wouldn't have been in 1861.

"We the People are the rightful master of both congress and the courts
- not to overthrow the Constitution, but to overthrow the men who
pervert the Constitution." --Abraham Lincoln, Political Debates Between
Lincoln and Douglas. 1897

As long as you keep thinking that Lincoln was involved in a debate
with anyone in 1897, you will continue to look very silly.
The problem is that Lincoln wasn't an especially good authority on the
Constitution. He may have stated a political reality, but in 1857
when he actually said that, he did not know that it would take a
million lives to overthrow the "men who pervert the Constitution".
And note that he did NOT say anything about "majority", because in the
Civil War, being in the majority wasn't nearly enough. The North
outnumbered the South almost 2 to 1, but it still took those million
lives to win, and a couple more bad breaks and Lincoln would have gone
down in history as a loser and not one of our greatest Presidents.

Let's face it lojbab, you're as anti-religious expression as they come.

No. I am pro-"rule by law".
You can express all the religious you want here on Usenet, and the
worst that will happen is that I will laugh at you.

The only reason that you're cheerleading the unconstitutional
decisions of activist Justices is because

.... they are the judges, so their decisions are inherently
constitutional.

they are telling you what you want to hear, the Constitution be damned.

No. I did not want to hear what they ruled in Bush vs Gore, which was
as activist as the court has ever been, and I think their decision was
wrong. But I still accept that it was their decision, and it is the
law, and Bush was the President from 2001-2004 (when he won a more
legitimate majority).

I wouldn't be surprised if
you celebrate every time your corrupt Justice friends legislate an
unconstitutional, absolute church-state separation "law" from the
bench.

I don't much "celebrate" anything of the sort. But I certainly will
use it in debating a nonentity like you that has nothing but your
irrelevant opinion.
Their opinions matter. Yours don't.

No. If the Constitution is amended, that does not change the
interpretation of the unamended text. It merely requires the courts
to consider the amendment as binding on later interpretations.


ROTFL

The people can write the 28th Amendment so that it repeals all existing
amendments and then start a new Constitution from scratch if they want
to.


They could. But that would not change any decision from before the
amendment.


The people can write an amendment which voids judicial precedent just
as easily as they can repeal any existing amendment.

They can *effectively* void a precedent. If they get the power to do
so through a constitutional convention. Otherwise they have to rely
on their elected representatives.
And perhaps in theory the text of an amendment could say anything. But
I doubt that there will ever be an amendment that specifically
mentions and voids a court case. Without it, that court case remains
on the books, and in any event remains part of history. Plessy vs
Ferguson was overturned by Brown vs Board in 1954, but no court
decision, and no amendment to the constitution, can change the very
real discrimination that occurred under the former from 1895 to 1954.
They cannot void every legal case that relied on the precedent,
probably because they couldn't all be determined - only those with a
written opinion state the legal basis..

Again, you are unwittingly putting case precedents on a pedestal,
regarding precedents as more important than the Constitution itself.

No. The precedents ARE the Constitution, de jure.

I promote the only LEGAL interpretation of the 14th, which is the one
promulgated by the USSC. All other interpretations are utterly
irrelevant.


You're merely defending your corrupt, lying Justice friends because
they tell you what you want to hear.

Scalia is NOT my friend, and he seldom says what I want to hear. But
his opinion matters, and yours doesn't.

Again, Article 5 of the Constitution shows that you are ignoring that
it is ultimately the majority will of the people, not your corrupt USSC
Justice friends, who call the shots in the United States of America.

No the majority will does not call the shots. See above.
lojbab
.
User: "fred"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 22 Jan 2006 01:38:43 PM
Bob LeChevalier wrote:

"fred" <clarma1@gmail.com> wrote:

Bob LeChevalier wrote:

You are concocting things on the spot.


No, I am repeating the gist of a goodly number of court rulings.


Ah yes, strength in numbers.


Strength in reference to THE authority stated in the Constitution for
matters in dispute regarding the Constitution.

Where are you coming from with these vague references to the
Constitution? It doesn't take any effort to reference an article,
amendment or clause to substantiate your assertions. Please be more
specific about the authority stated in the Constitution so that we know
that you aren't fabricating things.
It's your credibility.


But in your case it's a false sense of
security. The problem is that you've put your faith into the wrong
number because Article 5 of the Constitution shows that the only number
that counts in America is the majority will of the people.


Obviously not, or Gore would have been president in 2001.

Lincoln put it this way:


and Lincoln wouldn't have been in 1861.

"We the People are the rightful master of both congress and the courts
- not to overthrow the Constitution, but to overthrow the men who
pervert the Constitution." --Abraham Lincoln, Political Debates Between
Lincoln and Douglas. 1897


As long as you keep thinking that Lincoln was involved in a debate
with anyone in 1897, you will continue to look very silly.

I'll double check the date. Mea Culpa, I screwed up. 1858.


The problem is that Lincoln wasn't an especially good authority on the
Constitution. He may have stated a political reality, but in 1857
when he actually said that, he did not know that it would take a
million lives to overthrow the "men who pervert the Constitution".

You would probably like for everybody to believe that interpreting the
Constitution requires a seance. (And why does that "spirit" who keeps
on fading in and out, who is trying to reveal the secret meanings of
the Constitution to us, look an awful lot like you?) To the contrary
with respect to your concern about constitutional "experts," here is
Jefferson's "secret formula" for interpreting the Constitution:
"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


And note that he did NOT say anything about "majority", because in the
Civil War, being in the majority wasn't nearly enough. The North
outnumbered the South almost 2 to 1, but it still took those million
lives to win, and a couple more bad breaks and Lincoln would have gone
down in history as a loser and not one of our greatest Presidents.

Let's face it lojbab, you're as anti-religious expression as they come.


No. I am pro-"rule by law".

No you aren't. You persistantly deny your basic reading skills and
common sense with respect to deciding what the Constitution says.
Again, you put Justices who don't give a damn what the Constitution
says on a pedestal because they are babbling the anti-religious garbage
that is music to your ears.


You can express all the religious you want here on Usenet, and the
worst that will happen is that I will laugh at you.

The only reason that you're cheerleading the unconstitutional
decisions of activist Justices is because


... they are the judges, so their decisions are inherently
constitutional.

Sigh. :^( You must be another card-carrying member of the Twilight
Zone.
Given Justices can be split in their decisions, for example, how can
their decisions be inherently constitutional? You evidently regard
Justices as gods because they tell you what you want to hear about
unconstitutional absolute church-state separation, the Constitution be
damned.


they are telling you what you want to hear, the Constitution be damned.


No. I did not want to hear what they ruled in Bush vs Gore, which was
as activist as the court has ever been, and I think their decision was
wrong. But I still accept that it was their decision, and it is the
law, and Bush was the President from 2001-2004 (when he won a more
legitimate majority).

I wouldn't be surprised if
you celebrate every time your corrupt Justice friends legislate an
unconstitutional, absolute church-state separation "law" from the
bench.


I don't much "celebrate" anything of the sort. But I certainly will
use it in debating a nonentity like you that has nothing but your
irrelevant opinion.

Their opinions matter. Yours don't.

Again, Article 5 of the Constitution shows that the people have the
final say in what the Constitution means.


No. If the Constitution is amended, that does not change the
interpretation of the unamended text. It merely requires the courts
to consider the amendment as binding on later interpretations.


ROTFL

The people can write the 28th Amendment so that it repeals all existing
amendments and then start a new Constitution from scratch if they want
to.


They could. But that would not change any decision from before the
amendment.


The people can write an amendment which voids judicial precedent just
as easily as they can repeal any existing amendment.


They can *effectively* void a precedent. If they get the power to do
so through a constitutional convention. Otherwise they have to rely
on their elected representatives.

But Lincoln reminded the people that the people are the masters of both
Congress and the Courts:
"We the People are the rightful master of both congress and the courts
- not to overthrow the Constitution, but to overthrow the men who
pervert the Constitution." --Abraham Lincoln (Political debates between
Lincoln and Douglas) 1858


And perhaps in theory the text of an amendment could say anything. But
I doubt that there will ever be an amendment that specifically
mentions and voids a court case. Without it, that court case remains
on the books, and in any event remains part of history. Plessy vs
Ferguson was overturned by Brown vs Board in 1954, but no court
decision, and no amendment to the constitution, can change the very
real discrimination that occurred under the former from 1895 to 1954.
They cannot void every legal case that relied on the precedent,
probably because they couldn't all be determined - only those with a
written opinion state the legal basis..

Again, evidently anything goes in your book to perpetuate the Court's
lie of absolute church-state separation, the Constitution be damned.


Again, you are unwittingly putting case precedents on a pedestal,
regarding precedents as more important than the Constitution itself.


No. The precedents ARE the Constitution, de jure.

By your logic Article 5 of the Constitution, the power of the people to
call the shots in America, is meaningless.


I promote the only LEGAL interpretation of the 14th, which is the one
promulgated by the USSC. All other interpretations are utterly
irrelevant.


You're merely defending your corrupt, lying Justice friends because
they tell you what you want to hear.


Scalia is NOT my friend, and he seldom says what I want to hear. But
his opinion matters, and yours doesn't.

You would have everybody beileve that Scalia's "inherently
constitutional" decisions are overridden by other Justices' "inherently
constitutional" decisions. The problem is that your assertions about
Justices' decisions being "inherently constitutional" doesn't make any
sense.
Again, corrupt, Constitution-ignoring Justices are merely telling you
what you want to hear about unconstitutional absolute church-state
separation. All you really care about is stifling religious
expression, the Constitution be damned.


Again, Article 5 of the Constitution shows that you are ignoring that
it is ultimately the majority will of the people, not your corrupt USSC
Justice friends, who call the shots in the United States of America.


No the majority will does not call the shots. See above.

Article 5 is not going to go away just because you want to make
everybody slaves to secular-minded Justices.


lojbab

.
User: "Bob LeChevalier"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 22 Jan 2006 02:56:01 PM
"fred" <clarma1@gmail.com> wrote:

Bob LeChevalier wrote:

"fred" <clarma1@gmail.com> wrote:

Bob LeChevalier wrote:

You are concocting things on the spot.


No, I am repeating the gist of a goodly number of court rulings.


Ah yes, strength in numbers.


Strength in reference to THE authority stated in the Constitution for
matters in dispute regarding the Constitution.


Where are you coming from with these vague references to the
Constitution?

Article III, which I have quoted in response to you several times as
to the authority of the USSC, so the reference is hardly vague.

It's your credibility.

I have plenty of credibility in the newsgroups which I habituate. I
research and post data, and make it clear the difference between my
personal opinion and that of the references which I cite.
You have no credibility, and never post anything other than your own
opinion, or quotes from people who you think agree with you in some
vague sense.

The problem is that Lincoln wasn't an especially good authority on the
Constitution. He may have stated a political reality, but in 1857
when he actually said that, he did not know that it would take a
million lives to overthrow the "men who pervert the Constitution".


You would probably like for everybody to believe that interpreting the
Constitution requires a seance.

No. It requires a Supreme Court.

"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

That was his opinion. And of course Jefferson's "common sense" was
not the "common sense" of his opponents on some matters and thus was
not "common".

And note that he did NOT say anything about "majority", because in the
Civil War, being in the majority wasn't nearly enough. The North
outnumbered the South almost 2 to 1, but it still took those million
lives to win, and a couple more bad breaks and Lincoln would have gone
down in history as a loser and not one of our greatest Presidents.

Let's face it lojbab, you're as anti-religious expression as they come.


No. I am pro-"rule by law".


No you aren't. You persistantly deny your basic reading skills and
common sense with respect to deciding what the Constitution says.

My common sense says that your common sense is wrong. And my reading
skills are quite superior to yours, but it hardly matters, since the
Constitution says that the Supreme Court adjudicates matters arising
regarding the Constitution, not me.

Again, you put Justices who don't give a damn what the Constitution
says

Maybe Congress should be thinking more carefully before accepting
their nomination then.
The fact still remains that they have the authority, and you don't, so
you are de jure, "wrong".

The only reason that you're cheerleading the unconstitutional
decisions of activist Justices is because


... they are the judges, so their decisions are inherently
constitutional.


Sigh. :^( You must be another card-carrying member of the Twilight
Zone.

Given Justices can be split in their decisions, for example, how can
their decisions be inherently constitutional?

The rules of the court indicate what happens when the justices are
split.

You evidently regard Justices as gods

No. It is sufficient for me to regard them as justices of the Supreme
Court. The word "supreme" has significance.

because they tell you what you want to hear about
unconstitutional absolute church-state separation, the Constitution be
damned.

They don't always tell me what I want to hear, but their decision
remains the law nonetheless.

I don't much "celebrate" anything of the sort. But I certainly will
use it in debating a nonentity like you that has nothing but your
irrelevant opinion.

Their opinions matter. Yours don't.


Again, Article 5 of the Constitution shows that the people have the
final say in what the Constitution means.

No it doesn't. There is in fact no mention of "the people" in that
article. Some power to CHANGE the constitution rests with the
Congress and potentially the legislatures, but even that can change
only the text, not what the text means.

They can *effectively* void a precedent. If they get the power to do
so through a constitutional convention. Otherwise they have to rely
on their elected representatives.


But Lincoln reminded the people that the people are the masters of both
Congress and the Courts:

"We the People are the rightful master of both congress and the courts
- not to overthrow the Constitution, but to overthrow the men who
pervert the Constitution." --Abraham Lincoln (Political debates between
Lincoln and Douglas) 1858

Of course, but it isn't a simple majority matter, and that mastery is
limited and indirect.

And perhaps in theory the text of an amendment could say anything. But
I doubt that there will ever be an amendment that specifically
mentions and voids a court case. Without it, that court case remains
on the books, and in any event remains part of history. Plessy vs
Ferguson was overturned by Brown vs Board in 1954, but no court
decision, and no amendment to the constitution, can change the very
real discrimination that occurred under the former from 1895 to 1954.
They cannot void every legal case that relied on the precedent,
probably because they couldn't all be determined - only those with a
written opinion state the legal basis..


Again, evidently anything goes in your book

That's the whole point. "Anything" doesn't go. Just Supreme Court
decisions "go", or if you insist, constitutional amendments if
ratified "go".

to perpetuate the Court's
lie of absolute church-state separation, the Constitution be damned.

The court doesn't lie, nor does it have a doctrine of "absolute
church-state separation".

Again, you are unwittingly putting case precedents on a pedestal,
regarding precedents as more important than the Constitution itself.


No. The precedents ARE the Constitution, de jure.


By your logic Article 5 of the Constitution, the power of the people to
call the shots in America, is meaningless.

There is nothing in Article 5 about the people, and all Article V
discusses us the power to change the constitution, not to decide how
it applies to cases.

You're merely defending your corrupt, lying Justice friends because
they tell you what you want to hear.


Scalia is NOT my friend, and he seldom says what I want to hear. But
his opinion matters, and yours doesn't.


You would have everybody beileve that Scalia's "inherently
constitutional" decisions are overridden by other Justices' "inherently
constitutional" decisions.

Individual justice's "decisions" are not the decisions of the court.
It is the decisions of the court that are inherently constitutional.
His opinion affects the decisions of the court, however, whereas yours
does not.

The problem is that your assertions about
Justices' decisions being "inherently constitutional" doesn't make any
sense.

Only because you lack sense.

Again, Article 5 of the Constitution shows that you are ignoring that
it is ultimately the majority will of the people, not your corrupt USSC
Justice friends, who call the shots in the United States of America.


No the majority will does not call the shots. See above.


Article 5 is not going to go away just because you want to make
everybody slaves to secular-minded Justices.

Article 5 has no bearing on what the current law of the land is.
lojbab
.
User: "fred"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 22 Jan 2006 07:03:13 PM
Bob LeChevalier wrote:

"fred" <clarma1@gmail.com> wrote:

Bob LeChevalier wrote:

"fred" <clarma1@gmail.com> wrote:

Bob LeChevalier wrote:

You are concocting things on the spot.


No, I am repeating the gist of a goodly number of court rulings.


Ah yes, strength in numbers.


Strength in reference to THE authority stated in the Constitution for
matters in dispute regarding the Constitution.


Where are you coming from with these vague references to the
Constitution?


Article III, which I have quoted in response to you several times as
to the authority of the USSC, so the reference is hardly vague.

What is "THE authority" above supposed to mean? Such a term is
actually nothing more than sleight-of-hand on your part for wrongly
implying that the USSC is the FINAL authority for Constitutional
matters. But you are stubbornly ignoring that this is simply not the
case.
The bottom line is that you continue to ignore Article 5 which clearly
shows that the States, the people, are THE FINAL authority in how the
Constitution is to be interpreted. You ignore that the USSC did not
write the Constitution or ratify any if its amendments; such things are
done only by the authority of the people. Indeed, it was the authority
of the people who established the USSC in the first place. In fact,
the orignial States not only had the power to legislate religious laws
before they established the federal government and its Constitution,
but they reserved the power to legislate religion uniquely for
themselves as evidenced by the 1st and 10th Amendments.
Also, Jefferson noted that if a dispute of power should arise between
federal and state governments, then the States, not your glorious,
anti-religious expression USSC, should decide who holds the power:
"If the two departments [Federal and State] should claim each the same
subject of power, where is the common umpire to decide ultimately
between them? In cases of little importance or urgency, the prudence of
both parties will keep them aloof from the questionable ground; but if
it can neither be avoided not compromised, a convention of the States
must be called to ascribe the doubtful power to that department which
they may think best." --Thomas Jefferson to John Cartwright, 1824. ME
16:47
Again, you are essentially trying to deify the USSC to perpuate the
Court's lie that something in the Constitution is supposed to mean
absolute church-state separation, the Constitution be damned.


It's your credibility.


I have plenty of credibility in the newsgroups which I habituate. I
research and post data, and make it clear the difference between my
personal opinion and that of the references which I cite.

whatever


You have no credibility, and never post anything other than your own
opinion, or quotes from people who you think agree with you in some
vague sense.

Your problem is that, because of the substantiated points that I am
making, your sleigh-of-hand deceptions about the Constitution don't
hold water - and you know it.


The problem is that Lincoln wasn't an especially good authority on the
Constitution. He may have stated a political reality, but in 1857
when he actually said that, he did not know that it would take a
million lives to overthrow the "men who pervert the Constitution".


You would probably like for everybody to believe that interpreting the
Constitution requires a seance.


No. It requires a Supreme Court.

ROTFL!
You know that your politically correct, dishonest interpretation of the
Constitution where church-state separation issue are concerned simply
cannot hold up to honest, common sense interpretations of the
Constitution. You practically have to "deify" scumbag Justices who lie
about what the Constitution means in order to perpetuate the lie about
absolute church-state separation.


"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


That was his opinion. And of course Jefferson's "common sense" was
not the "common sense" of his opponents on some matters and thus was
not "common".

Now you're attacking Jefferson because you've painted yourself in a
corner.


And note that he did NOT say anything about "majority", because in the
Civil War, being in the majority wasn't nearly enough. The North
outnumbered the South almost 2 to 1, but it still took those million
lives to win, and a couple more bad breaks and Lincoln would have gone
down in history as a loser and not one of our greatest Presidents.

Let's face it lojbab, you're as anti-religious expression as they come.


No. I am pro-"rule by law".


No you aren't. You persistantly deny your basic reading skills and
common sense with respect to deciding what the Constitution says.


My common sense says that your common sense is wrong. And my reading
skills are quite superior to yours, but it hardly matters, since the
Constitution says that the Supreme Court adjudicates matters arising
regarding the Constitution, not me.

ROTFL!
Again, evidently anything goes in your book to perpetuate that lie that
the Constitution says something about absolute church-state separation.


Again, you put Justices who don't give a damn what the Constitution
says


Maybe Congress should be thinking more carefully before accepting
their nomination then.

Minority factions are dependent on judges who unlawfully "legislate"
minority interests from the bench.


The fact still remains that they have the authority, and you don't, so
you are de jure, "wrong".

Again and again, Article 5 of the Constitution shows that it is the
authority of the people, not your corrupt USSC Justice friends, who
call the shots in America. The only reason that crooked Justices are
now calling the shots is because the people are asleep at the wheel
with respect to their understanding of the Constitution. But let's
wake the people up and see what happens!


The only reason that you're cheerleading the unconstitutional
decisions of activist Justices is because


... they are the judges, so their decisions are inherently
constitutional.


Sigh. :^( You must be another card-carrying member of the Twilight
Zone.

Given Justices can be split in their decisions, for example, how can
their decisions be inherently constitutional?


The rules of the court indicate what happens when the justices are
split.

You are now sidestepping your baseless assertion that Justices are
inherently able to decide what is and isn't constitutional. This is
because if Justices were inherently able to decide what is
constitutional then all cases would be decided unanimously.


You evidently regard Justices as gods


No. It is sufficient for me to regard them as justices of the Supreme
Court. The word "supreme" has significance.

Whatever. You nonetheless want everybody to bow down like slaves to
USSC Justices.


because they tell you what you want to hear about
unconstitutional absolute church-state separation, the Constitution be
damned.


They don't always tell me what I want to hear, but their decision
remains the law nonetheless.

As I said, the people are now asleep at the wheel with respect to
letting corrupt Justices get away with murdering the Constitution. But
let's see what happens when we wake the people out of their stupor.


I don't much "celebrate" anything of the sort. But I certainly will
use it in debating a nonentity like you that has nothing but your
irrelevant opinion.

Their opinions matter. Yours don't.


Again, Article 5 of the Constitution shows that the people have the
final say in what the Constitution means.


No it doesn't. There is in fact no mention of "the people" in that
article. Some power to CHANGE the constitution rests with the
Congress and potentially the legislatures, but even that can change
only the text, not what the text means.

The people are the government:
"We the People are the rightful master of both congress and the courts
- not to overthrow the Constitution, but to overthrow the men who
pervert the Constitution." --Abraham Lincoln (Political debates between
Lincoln and Douglas) 1858


They can *effectively* void a precedent. If they get the power to do
so through a constitutional convention. Otherwise they have to rely
on their elected representatives.


But Lincoln reminded the people that the people are the masters of both
Congress and the Courts:

"We the People are the rightful master of both congress and the courts
- not to overthrow the Constitution, but to overthrow the men who
pervert the Constitution." --Abraham Lincoln (Political debates between
Lincoln and Douglas) 1858


Of course, but it isn't a simple majority matter, and that mastery is
limited and indirect.

In order to make people "prisoners" of conscious to your treasonous
interpretations of the Constitution you must necessarily keep them
ignorant of the Constitution.


And perhaps in theory the text of an amendment could say anything. But
I doubt that there will ever be an amendment that specifically
mentions and voids a court case. Without it, that court case remains
on the books, and in any event remains part of history. Plessy vs
Ferguson was overturned by Brown vs Board in 1954, but no court
decision, and no amendment to the constitution, can change the very
real discrimination that occurred under the former from 1895 to 1954.
They cannot void every legal case that relied on the precedent,
probably because they couldn't all be determined - only those with a
written opinion state the legal basis..


Again, evidently anything goes in your book


That's the whole point. "Anything" doesn't go. Just Supreme Court
decisions "go", or if you insist, constitutional amendments if
ratified "go".

I wasn't referring to the Constitution when I said anything goes. I
was referring to the extremes that you are evidently willing to go to
make sure that the people remain "prisoners" of conscious to your
treasonous interpretations of the Constution.


to perpetuate the Court's
lie of absolute church-state separation, the Constitution be damned.


The court doesn't lie, nor does it have a doctrine of "absolute
church-state separation".

The Court has lied about the honest interpretation of the 14th and
establishment clauses in the Cantwell and Everson opinions.


Again, you are unwittingly putting case precedents on a pedestal,
regarding precedents as more important than the Constitution itself.


No. The precedents ARE the Constitution, de jure.


By your logic Article 5 of the Constitution, the power of the people to
call the shots in America, is meaningless.


There is nothing in Article 5 about the people, and all Article V
discusses us the power to change the constitution, not to decide how
it applies to cases.

The people vote on who will vote on amendments to the Constitution.


You're merely defending your corrupt, lying Justice friends because
they tell you what you want to hear.


Scalia is NOT my friend, and he seldom says what I want to hear. But
his opinion matters, and yours doesn't.


You would have everybody beileve that Scalia's "inherently
constitutional" decisions are overridden by other Justices' "inherently
constitutional" decisions.


Individual justice's "decisions" are not the decisions of the court.
It is the decisions of the court that are inherently constitutional.
His opinion affects the decisions of the court, however, whereas yours
does not.

You must have been born yesterday:
"One single object... [will merit] the endless gratitude of society:
that of restraining the judges from usurping legislation." --Thomas
Jefferson to Edward Livingston, 1825. ME 16:113
"We the People are the rightful master of both congress and the courts
- not to overthrow the Constitution, but to overthrow the men who
pervert the Constitution." --Abraham Lincoln (Political debates between
Lincoln and Douglas) 1858


The problem is that your assertions about
Justices' decisions being "inherently constitutional" doesn't make any
sense.


Only because you lack sense.

I'm obviously not saying what you want to hear.


Again, Article 5 of the Constitution shows that you are ignoring that
it is ultimately the majority will of the people, not your corrupt USSC
Justice friends, who call the shots in the United States of America.


No the majority will does not call the shots. See above.


Article 5 is not going to go away just because you want to make
everybody slaves to secular-minded Justices.


Article 5 has no bearing on what the current law of the land is.

You necessarily have to discourage the idea that it is the people who
ultimately call the shots in America in order to perpetuate the Court's
lie about absolute church-state separation.
Again, let's wake the people out of their constitutional stupor and see
what happens.


lojbab

.
User: "Bob LeChevalier"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 22 Jan 2006 07:53:21 PM
"fred" <clarma1@gmail.com> wrote:

Article III, which I have quoted in response to you several times as
to the authority of the USSC, so the reference is hardly vague.


What is "THE authority" above supposed to mean?

<The judicial Power of the United States, shall be vested in one
< supreme Court, and in such inferior Courts as the Congress may from
< time to time ordain and establish. ...
<
<The judicial Power shall extend to all Cases, in Law and Equity,
< arising under this Constitution, the Laws of the United States, and
< Treaties made, or
"supreme" should be clear, as should "one", as should "all Cases, in
Law and Equity,".

Such a term is
actually nothing more than sleight-of-hand on your part for wrongly
implying that the USSC is the FINAL authority for Constitutional
matters.

Article III says that it is.
Unless Article III is amended, which will happen when hell freezes
over, the Supreme Court is a) supreme, b) unique, and c) has authority
over all cases requiring a ruling of law or of equity (i.e. judicial)

The bottom line is that you continue to ignore Article 5 which clearly
shows that the States, the people, are THE FINAL authority in how the
Constitution is to be interpreted.

No. They are capable of changing the Constitution, but unless they
change it, the USSC is the SOLE and SUPREME judicial authority.

You ignore that the USSC did not
write the Constitution or ratify any if its amendments; such things are
done only by the authority of the people.

No. The Constitution was not written by the authority of the people,
though it was initially ratified in that way. Amendments have all
thus far been ratified by the states, and not by the people.

Indeed, it was the authority
of the people who established the USSC in the first place.

That may be the case, but until the people take away the authority
that was granted, the authority is vested in ONE SUPREME court for the
judicial power in ALL CASES arising under the constitution.

In fact,
the orignial States not only had the power to legislate religious laws
before they established the federal government and its Constitution,
but they reserved the power to legislate religion uniquely for
themselves as evidenced by the 1st and 10th Amendments.

The 14th changed that and removed from the states all power to violate
any right that was protected by the constitution.

Also, Jefferson noted

Jefferson is utterly irrelevant to the 14th amendment.
<that if a dispute of power should arise between

federal and state governments, then the States, not your glorious,
anti-religious expression USSC, should decide who holds the power:

The Civil War proved him wrong.

Your problem is that, because of the substantiated points that I am
making,

Your posting is pointless.

You would probably like for everybody to believe that interpreting the
Constitution requires a seance.


No. It requires a Supreme Court.


ROTFL!

You know that your politically correct, dishonest interpretation of the
Constitution where church-state separation issue are concerned simply
cannot hold up to honest, common sense interpretations of the
Constitution. You practically have to "deify" scumbag Justices who lie
about what the Constitution means in order to perpetuate the lie about
absolute church-state separation.

[yawn] I merely have to respect Article 3.

Given Justices can be split in their decisions, for example, how can
their decisions be inherently constitutional?


The rules of the court indicate what happens when the justices are
split.


You are now sidestepping your baseless assertion that Justices are
inherently able to decide what is and isn't constitutional. This is
because if Justices were inherently able to decide what is
constitutional then all cases would be decided unanimously.

The *court* decides what is and isn't constitutional, according to its
rules, which traditionally are that of a majority of the justices.
Individual justices do not have authority (except as the court may
delegate it to them), the collective of the judges constituting the
court has the authority.

You evidently regard Justices as gods


No. It is sufficient for me to regard them as justices of the Supreme
Court. The word "supreme" has significance.


Whatever. You nonetheless want everybody to bow down like slaves to
USSC Justices.

I don't give a ***** whether you bow down to the porcelain god when you
spew your nonsense, or whether you bow down to your image in the
mirror.
The court determines what the constitution means legally, whether you
like it or not. End of argument.

Again, Article 5 of the Constitution shows that the people have the
final say in what the Constitution means.


No it doesn't. There is in fact no mention of "the people" in that
article. Some power to CHANGE the constitution rests with the
Congress and potentially the legislatures, but even that can change
only the text, not what the text means.


The people are the government:

No. The people are the master of the government.

Of course, but it isn't a simple majority matter, and that mastery is
limited and indirect.


In order to make people "prisoners" of conscious to your treasonous
interpretations of the Constitution you must necessarily keep them
ignorant of the Constitution.

The constitution is widely available on the internet and in books. I
can hardly keep people ignorant of the Constitution, no matter how
much I try.

I wasn't referring to the Constitution when I said anything goes. I
was referring to the extremes that you are evidently willing to go to
make sure that the people remain "prisoners" of conscious to your
treasonous interpretations of the Constution.

I have imprisoned no one, my interpretations of the Constitution
matter no more than yours do, and "interpretations" cannot be
treasonous so long as we have freedom of speech and conscience (not
"conscious", dodo).
I am hardly extreme, being solidly in the center. You, however, are
somewhere out in cuckoo-land..

The court doesn't lie, nor does it have a doctrine of "absolute
church-state separation".


The Court has lied about the honest interpretation of the 14th and
establishment clauses in the Cantwell and Everson opinions.

The court cannot lie about matters where it has the SOLE power to
decide JUSTICE.

There is nothing in Article 5 about the people, and all Article V
discusses us the power to change the constitution, not to decide how
it applies to cases.


The people vote on who will vote on amendments to the Constitution.

That is at best indirect power, since the legislators can and do act
contrary to the wishes of the majority of the people at times.

"One single object... [will merit] the endless gratitude of society:
that of restraining the judges from usurping legislation." --Thomas
Jefferson to Edward Livingston, 1825. ME 16:113

Jefferson lost that one.

Again, Article 5 of the Constitution shows that you are ignoring that
it is ultimately the majority will of the people, not your corrupt USSC
Justice friends, who call the shots in the United States of America.


No the majority will does not call the shots. See above.


Article 5 is not going to go away just because you want to make
everybody slaves to secular-minded Justices.


Article 5 has no bearing on what the current law of the land is.


You necessarily have to discourage the idea that it is the people who
ultimately call the shots in America in order to perpetuate the Court's
lie about absolute church-state separation.

Article 5 has no bearing on what the current law of the land is.

Again, let's wake the people out of their constitutional stupor and see
what happens.

The people are quite happy with the status quo. I doubt that you will
find a majority or even a large majority in any state favors that
state prescribing religious beliefs. Indeed, I suspect that the
typical person takes his rights for granted.
lojbab
.
User: "fred"

Title: Re: lawsuit for Jesus prayer in VA City Council; discussion fails 10th A. test 23 Jan 2006 02:44:06 AM
Bob LeChevalier wrote:

"fred" <clarma1@gmail.com> wrote:

Article III, which I have quoted in response to you several times as
to