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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: TimF who wrote (99384)	2/8/2005 7:57:05 PM
From: Ilaine	Read Replies (1) \| Respond to of 793744

To say that is to say that judges are infallible. No, because the way judges interpret the law does change over time. In 1892, for example, the SCOTUS thought that separate train compartments for blacks and whites did not violate the 14th amendment, but in 1954, they changed their mind. This probably has more to do with the changing composition of the court than anything else. The justices serve for life, and there are nine of them, so it can take a long time for the new guys to change things. Each of them is a fallible human being with their own experiences and prejudices, but they're all doing their best. It's harder than it looks. For example, you tried to interpret the Establishment Clause by looking at a definition of "religion" in the dictionary. But "establishment" is an operative word. To define "establishment of religion," you would need to look at the history of establishment of religion in America and Europe prior to the Foundation. It's a simple phrase but jam-packed with controversy for many centuries prior to the Foundation, as well as afterwards. Jefferson, Madison, and Mason believed that it was a breach of freedom of conscience, a natural right, to force a person to support via tax money a religion that wasn't his. Patrick Henry and Richard Harry Lee supported establishment of the Anglican church, yet, Patrick Henry defended Baptists on charges of violating the Virginia laws which then established the Anglican Church. In 1786 the Virginia General Assembly got rid of establishment of religion by enacting Jefferson's Religious Freedom statute: "To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical; ... even the forcing him to support this or that teacher of his own religious persuasion. ... No man shall be compelled to frequent or support any religious worship, place or ministry whatsoever. ... All men shall be free to profess, and by argument to maintain, their opinions in matters of religion." And Governor Patrick Henry signed it.