Constitutional revisionism
JMHACLJ at aol.com
JMHACLJ at aol.com
Wed Jul 20 09:50:26 PDT 2005
If "Establishment of Religion" has a known and definite meaning in the
context of its adoption with the rest of what became the First Amendment, why do
we have to "get real" in a way that inflates new meanings, new limitations, and
new disparagements of religion into that text?
As a strict constructionist, I am confident that Establishment of Religion
had quite a precise meaning and would not be understood by its drafters as
limiting Bible week proclamations, the erection of Decalogue monuments, or the
imprecations of a prosecutor in the sentencing phase of scriptural admonitions
against murder and the like. All that extra baggage is the consequence of
the Justices, like naughty baggage handlers at the airport, opening the First
Amendment, dumping out its clear and precise meaning, and then repacking
amendatory luggage with preferred, seccularizing articles.
Jim Henderson
Senior Counsel
ACLJ
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