Mier's religious views
JMHACLJ at aol.com
JMHACLJ at aol.com
Wed Oct 5 12:18:34 PDT 2005
In a message dated 10/5/2005 3:08:06 P.M. Eastern Daylight Time,
DavidEBernstein at aol.com writes:
By all accounts, didn't the "people of Connecticut", i.e., a majority
thereof, want the law repealed, but they couldn't overcome the entrenched political
power of the (local) Catholic Church? If so, didn't the Court protect the
people from a "corrupt" legislature (in the "class legislation" sense), and
from the power of the Catholic Church? If so, the decision may still be wrong
as a matter of constitutional law, because the Court may not have authority
to protect individual rights against archaic, unpopular, and oppressive laws
supported and sustained by a religious faction. But that's a lot different
than the phony populist argument.
If so, then shouldn't the Court finally have trotted out that warhorse, the
Republican Form of Government Clause (you know, the one that BAR/BRI teaches
is always the wrong answer on the multistate exam).
Jim Henderson
Senior Counsel
ACLJ
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