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Politics : Sharks in the Septic Tank
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To: TimF who wrote (73675)8/29/2003 5:28:25 PM
From: Neocon  Read Replies (1) of 82486
 
The courts must be reliable. Thus, the doctrine of stare decesis creates a high bar for overturning settled law. That is one example of "how the courts work". Another is the argument about the underlying rationale tying the Establishment Clause and the Free Exercise Clause. It is normal to look for the principle that can guide the application of a law. (My point, incidentally, is that the Establishment Clause is meant to prevent circumscription of the Free Exercise of religion, or one's conscience on the matter, by not imposing costs or duties in support of a church one does voluntarily support).

I take it that the extension of the Amendment follows the logic of generalization. If the purpose of the Amendment is to ensure that citizens of the United States are not arbitrarily deprived of fundamental rights by a state, then it doesn't much matter if the original amendment was phrased "Congress shall...." What matters is that the fundamental right is upheld...........
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