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thereof, want  the law repealed, but they couldn't overcome the entrenched political 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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