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Silly O'Donnell...

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brihard View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote brihard Quote  Post ReplyReply Direct Link To This Post Topic: Silly O'Donnell...
    Posted: 19 October 2010 at 6:41pm
This is just too damned sad and frightening for me to not start a political thread.


If you're going to be a prominent politician, you should probably familiarize yourself with the bill of rights...
"Abortion is not "choice" in America. It is forced and the democrats are behind it, with the goal of eugenics at its foundation."

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Post Options Post Options   Thanks (0) Thanks(0)   Quote jmac3 Quote  Post ReplyReply Direct Link To This Post Posted: 19 October 2010 at 6:43pm
Is she wrong?

Where in the constitution is "separation of church and state"??? HMM?
Que pasa?


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Post Options Post Options   Thanks (0) Thanks(0)   Quote ParielIsBack Quote  Post ReplyReply Direct Link To This Post Posted: 19 October 2010 at 6:44pm
You don't need a Bill of Rights, or laws, or crazy things like that, as long as you've got a Bible which you haven't read very well.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mbro Quote  Post ReplyReply Direct Link To This Post Posted: 19 October 2010 at 7:15pm
THEORY OF INTELLIGENT DESIGN.

Don't blame me, I voted for Kodos.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Linus Quote  Post ReplyReply Direct Link To This Post Posted: 19 October 2010 at 7:22pm
Actually, there IS no part in the constitution that says "Seperation of church and state" and on top of that, IMO and many others as well, the courts have gone a bit too far in interpreting what the 1st admendment actually says.


Last I checked "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"

A) Technically only applies to Congress (ehh, ehh?)
And
B ) only pertains to laws, and not to actions.

To argue differently, as many a judge has, is to fail at reading comprehension, or to succeed at pushing a loose interpretation as law.





Forcing everyone to pray before they go to bed would be bad. Having people walk by a replica of a stone tablet when they go to court? Not bad.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote brihard Quote  Post ReplyReply Direct Link To This Post Posted: 19 October 2010 at 7:33pm
Originally posted by Linus Linus wrote:

Actually, there IS no part in the constitution that says "Seperation of church and state" and on top of that, IMO and many others as well, the courts have gone a bit too far in interpreting what the 1st admendment actually says.


Last I checked "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"

A) Technically only applies to Congress (ehh, ehh?)
And
B ) only pertains to laws, and not to actions.

To argue differently, as many a judge has, is to fail at reading comprehension, or to succeed at pushing a loose interpretation as law.





Forcing everyone to pray before they go to bed would be bad. Having people walk by a replica of a stone tablet when they go to court? Not bad.


Ah, so the entire body of American jurisprudence on the matter is wrong. Duly noted.

Laws are interpreted in part based on the underlying intent that went into writing them, and it's clear that part of the intent was that religion, while very much a part of social life in the early U.S., was to be kept separated from the functions of state. I'm gonna go with a couple centuries of legal decisions by very learned jurists on this one.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote agentwhale007 Quote  Post ReplyReply Direct Link To This Post Posted: 19 October 2010 at 7:53pm
Originally posted by Linus Linus wrote:

Actually, there IS no part in the constitution that says "Seperation of church and state" and on top of that, IMO and many others as well, the courts have gone a bit too far in interpreting what the 1st admendment actually says.


And that's not the part that people think is funny, and I would suspect wasn't the reason the crowd gasped.

It was that part juuust after it. You should read it.

Quote Forcing everyone to pray before they go to bed would be bad. Having people walk by a replica of a stone tablet when they go to court? Not bad.


Is the stone tablet religious in nature, purchased by state funds or sitting on state property.

Sorry, that there is an endorsement.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rednekk98 Quote  Post ReplyReply Direct Link To This Post Posted: 19 October 2010 at 7:53pm
As counter to modern Judicial interpretations as I think that is, it's important to note that no matter what you think the Constitution says, all that matters is that 5 Supreme Court justices agree with your interpretation (Dred Scott) and that the other branches actually follow their rulings (Jackson V. Cherokee Nation). Based on the fact that such a large percentage of the population believes in creationism, at least familiarizing them with the theory could be beneficial, although I think comparative religions would be a much more appropriate venue since it undermines science as a whole. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ParielIsBack Quote  Post ReplyReply Direct Link To This Post Posted: 19 October 2010 at 11:11pm
Originally posted by agentwhale007 agentwhale007 wrote:

Is the stone tablet religious in nature, purchased by state funds or sitting on state property.


You don't want a period there.

You want a question mark.

Wink
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Linus Quote  Post ReplyReply Direct Link To This Post Posted: 19 October 2010 at 11:29pm
Originally posted by agentwhale007 agentwhale007 wrote:

Is the stone tablet religious in nature, purchased by state funds or sitting on state property. Sorry, that there is an endorsement.


Sorry, but it seems as though the US Supreme Court disagrees with you there... on 2 of those points atleast.


People need to quit being so butt-hurt over a stone tablet being in a courthouse. It's not like you have to pray to it. You don't even have to look at the damn thing. You can flip it the bird every single day and praise the devil every time you pass it, and no one can do anything but look at you oddly.


I'd personally have no qualms with the Jewish or Islamic versions of the same idea being placed next to the 10 commandments... I guess that makes me more tolerant, doesn't it?


Originally posted by brihard brihard wrote:

Ah, so the entire body of American jurisprudence on the matter is wrong. Duly noted.
Laws are interpreted in part based on the underlying intent that went into writing them, and it's clear that part of the intent was that religion, while very much a part of social life in the early U.S., was to be kept separated from the functions of state. I'm gonna go with a couple centuries of legal decisions by very learned jurists on this one.
Ah, so you think they did contrary to what I stated and did a STRICT interpretation of the wording?

And that's not a legit argument... there have been legal decisions on BOTH sides of the matter, one side I'm in line with, the other you're in line with. Both by 'very learned jurists'. Only difference? Countless counter-suits, followed by a looser interpretation.    Doesn't make one side or the other 'more right'.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote agentwhale007 Quote  Post ReplyReply Direct Link To This Post Posted: 19 October 2010 at 11:30pm
Originally posted by ParielIsBack ParielIsBack wrote:

Originally posted by agentwhale007 agentwhale007 wrote:

Is the stone tablet religious in nature, purchased by state funds or sitting on state property.


You don't want a period there.

You want a question mark.

Wink

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Post Options Post Options   Thanks (0) Thanks(0)   Quote agentwhale007 Quote  Post ReplyReply Direct Link To This Post Posted: 19 October 2010 at 11:43pm
Originally posted by Linus Linus wrote:

Originally posted by agentwhale007 agentwhale007 wrote:

Is the stone tablet religious in nature, purchased by state funds or sitting on state property. Sorry, that there is an endorsement.


Sorry, but it seems as though the US Supreme Court disagrees with you there... on 2 of those points atleast. 


I'm confused as to which Supreme Court cases you think agree with you here? 

Also, what is the difference between a stone statue and a school-sanctioned prayer exactly? 




Edited by agentwhale007 - 19 October 2010 at 11:44pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mbro Quote  Post ReplyReply Direct Link To This Post Posted: 19 October 2010 at 11:47pm
Originally posted by Linus Linus wrote:

Actually, there IS no part in the constitution that says "Seperation of church and state" and on top of that, IMO and many others as well, the courts have gone a bit too far in interpreting what the 1st admendment actually says.


Last I checked "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"

A) Technically only applies to Congress (ehh, ehh?)
And
B ) only pertains to laws, and not to actions.

To argue differently, as many a judge has, is to fail at reading comprehension, or to succeed at pushing a loose interpretation as law.





Forcing everyone to pray before they go to bed would be bad. Having people walk by a replica of a stone tablet when they go to court? Not bad.

Or those judges continued reading and read the 14th amendment that also applies that restrictions on states as well.

Edited by mbro - 19 October 2010 at 11:47pm

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gatyr Quote  Post ReplyReply Direct Link To This Post Posted: 19 October 2010 at 11:48pm
Originally posted by Linus Linus wrote:

the courts have gone a bit too far in interpreting what the 1st admendment actually says.

I see someone has abandoned the doctrine of original intent for a strict constructionist method of interpreting the constitution.

Is there a reason we should look only at the text for the first amendment, but look at original intent for the fourteenth amendment?
Originally posted by brihard brihard wrote:

Ah, so the entire body of American jurisprudence on the matter is wrong. Duly noted.

It's happened before. I forget the specifics, but the SCOTUS made a ruling that had something to do with currency, and it was later deemed horribly incorrect, but the effect of the ruling had become such an engendered part of society that undoing it would be bad.

I won't comment on the validity of separating church and state on the legal level, since I don't yet have my J.D., but I'll trust the American jurisprudential system as a whole until I have reason not to.
Quote Laws are interpreted in part based on the underlying intent that went into writing them

...which is generally regarded as a terrible method of interpretation. The legal document is the source of law, not the gentlemen who wrote it, and not their intent while writing it.

On O'Donnel....HOW DOES SHE HAVE A FOLLOWING?!? Politics can be so frustrating.


Edited by Gatyr - 19 October 2010 at 11:49pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote agentwhale007 Quote  Post ReplyReply Direct Link To This Post Posted: 19 October 2010 at 11:52pm
Originally posted by Linus Linus wrote:

 
I'd personally have no qualms with the Jewish or Islamic versions of the same idea being placed next to the 10 commandments... 

I should also point out the flaw in this: The fact that neither Jewish, Islamic, nor any other religion is represented there, and thus, it is an endorsement of a single religion. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote GroupB Quote  Post ReplyReply Direct Link To This Post Posted: 20 October 2010 at 12:05am
It should be pointed out that Congress sets the budget, by law.  If that budget is used for religious monuments, then congress has just made a law respecting an establishment of religion. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Linus Quote  Post ReplyReply Direct Link To This Post Posted: 20 October 2010 at 12:21am
Originally posted by agentwhale007 agentwhale007 wrote:


Originally posted by Linus Linus wrote:

 I'd personally have no qualms with the Jewish or Islamic versions of the same idea being placed next to the 10 commandments... 

I should also point out the flaw in this: The fact that neither Jewish, Islamic, nor any other religion is represented there, and thus, it is an endorsement of a single religion. 


Cool. Good for them. Maybe no Jews, Muslims or Hindus have attempted to do their own statue. There always has to be a first, so why is it so bad that a Christian one was first? So long as other religions aren't barred, there is nothing wrong.

Originally posted by agentwhale007 agentwhale007 wrote:

I'm confused as to which Supreme Court cases you think agree with you here?


Van Orden v Perry


But alas, SCOTUS flip flops more than a 16 year old girl with boy troubles when it comes to 'separation'.

Originally posted by Gatyr Gatyr wrote:



Originally posted by Linus Linus wrote:

the courts have gone a bit too far in interpreting what the 1st admendment actually says.

I see someone has abandoned the doctrine of original intent for a strict
constructionist method of interpreting the constitution.


Nope, my view is now and always has been, a mixture. Yes, you need intent as otherwise there will be too many loopholes, OR a law will be so textual and vague that you wouldn't want it as a law anyhow.

On the same token, when a law is written in plain English, you need to put more weight on that as well.

And the law clearly states that congress can neither respect a religion nor prohibit religion. Nothing more, nothing less.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote agentwhale007 Quote  Post ReplyReply Direct Link To This Post Posted: 20 October 2010 at 12:30am
Originally posted by Linus Linus wrote:



Van Orden v Perry


If I recall, the basis of the decision was that the statue had historical value beyond its religious intentions. 


Quote
And the law clearly states that congress can neither respect a religion nor prohibit religion. Nothing more, nothing less.

I guess this is a good time to ask what you see the word "respect" to mean when used in the First Amendment? 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Linus Quote  Post ReplyReply Direct Link To This Post Posted: 20 October 2010 at 12:42am
Originally posted by agentwhale007 agentwhale007 wrote:


Originally posted by Linus Linus wrote:


Van Orden v Perry

If I recall, the basis of the decision was that the statue had historical value beyond its religious intentions.


Ah, but it was both religious in nature AND on state grounds... yet not an endorsement as you claim.

Quote
 
Quote And the law clearly states that congress can neither respect a religion nor prohibit religion. Nothing more, nothing less.

I guess this is a good time to ask what you see the word "respect" to mean when used in the First Amendment? 



Me personally? I take the exact definition of 'respect' and apply it to here: To not give preferential treatment to one religion over another.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gatyr Quote  Post ReplyReply Direct Link To This Post Posted: 20 October 2010 at 12:48am
Originally posted by Linus Linus wrote:

Nope, my view is now and always has been, a mixture.

A mixture grounded in what?
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