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That's what lawyers like the Founding Fathers do. Joel Send a noteboard - 21/10/2010 02:56:36 PM
It all depends on what the meaning of the word "is" is, and the non-establishment clause is just that: Government can't create or favor a religion. That doesn't banish religion from the political marketplace of ideas, and if they'd intended it to do that they would have written the Constitution so it did. It's not like they didn't spend months arguing about the thing and THEN tack on no less than eleven amendments (they considered twelve, and the last was only passed about a decade ago).

What's infuriating here, and drives the INTELLIGENT Tea Party members as well as O'Donnell, is that the lawyers know all this and are pretending they don't. Coons and everyone else keeps mentioning Jeffersons letter to the Baptists like, well, like it came down from Mt. Sinai, and like some arcane bit of lawyer lore they're deigning to share (though EVERYONE but stupid people know already). It's not part of the Constitution, any more than the Treaty of Tripoli is (though that at least has the merit of being US law). The arguments ARE tired, but they're also well known, and pretending not to remember them or that the whole debate is insipid insults not only O'Donnell, but every person they (which includes Coons) expects to believe it.

In terms of the actual debate, I'd say she did pretty well, though she was very vague on the Fourteenth Amendment question and only (but strongly) IMPLIED support for the Sixteenth. In fact, to be honest, most of Coons arguments were essentially ad hominems, because he didn't bother supporting any of them or answering questions, he just lambasted her as stupid, and the separation of church and state debate is a fine example. She kept hammering him about whether it's in the First Amendment (which he and all of us know it's not) and he kept clumsily dodging back to the phrase itself so he could talk about Jeffersons shopping lists, doodles of Sally Hemmings and other private correspondence that's not US law, let alone in the Constitution. Yes, it's a "long settled" legal principle because people like to refer to the letter and the Treaty of Tripoli (neatly making both American conservatives AND liberals anti-religious) but O'Donnells whole point (and that of many like her) is that it's not in the Constitution, and consequently if it's in CONFLICT with the Constitution the latter has precedence. That's the whole basis of judicial review, why US laws can be challenged in court, and every time a verdict is appealed to the SCOTUS that's part of the basis. It doesn't matter if a dozen federal courts ruled one way if they violated the Constitution doing it.
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"Where in the Constitution is separation of church and state?" - 20/10/2010 12:33:05 AM 960 Views
You don't want her? - 20/10/2010 01:21:20 AM 522 Views
I have decided for the first time in my life to not vote this year. - 20/10/2010 01:27:13 AM 381 Views
Now there's an answer - 20/10/2010 01:47:28 AM 485 Views
Voting isn't the only way to contribute *NM* - 20/10/2010 02:42:10 AM 165 Views
And most of those posts are a guess at best. - 20/10/2010 03:02:04 AM 361 Views
Maybe you shouldn't be guessing then? - 20/10/2010 06:00:02 AM 346 Views
Issac has a point. - 20/10/2010 02:14:28 AM 365 Views
Can you not spoil your ballot? - 20/10/2010 10:19:54 AM 346 Views
Depends where you live. - 20/10/2010 01:50:30 PM 435 Views
I don't think so but an intentional no vote is just as valid as voting IMHO. *NM* - 21/10/2010 02:45:35 AM 163 Views
The difference is when they look at statistics - 21/10/2010 10:49:48 AM 338 Views
Exactly. - 21/10/2010 02:02:46 PM 472 Views
When you don't vote the bad guys win. That simple. - 20/10/2010 01:53:23 PM 484 Views
An intentional NO vote is just as valid as voting. - 21/10/2010 02:46:58 AM 359 Views
Apart from the fact there's no record of it whatsoever, yes. - 21/10/2010 01:37:46 PM 346 Views
She is a buffoon of course. But what I am speechless about is... - 20/10/2010 01:25:43 AM 462 Views
Re: She is a buffoon of course. But what I am speechless about is... - 20/10/2010 01:35:48 AM 387 Views
Re: (meant to be under the main thread, but I can't move it) - 20/10/2010 02:42:23 AM 366 Views
It's a valid argument. - 21/10/2010 03:26:46 PM 336 Views
i feel kinda bad for her - 20/10/2010 03:31:03 AM 424 Views
What is odd about this is that everyone is used to the 'separation' idea that they don't bother to - 20/10/2010 06:44:48 AM 388 Views
Or, you know, the letters on the topic written by the people who drafted the Constitution *NM* - 20/10/2010 07:04:47 AM 210 Views
Those aren't the Constitution though. - 20/10/2010 12:39:41 PM 364 Views
which show they considered it but did not include it *NM* - 20/10/2010 06:14:37 PM 157 Views
Yep, this. *NM* - 20/10/2010 07:40:19 PM 192 Views
Personally, I think that's splitting hairs. *NM* - 20/10/2010 09:20:28 PM 163 Views
a direct reading is splitting hairs? - 20/10/2010 09:25:14 PM 348 Views
That's what lawyers like the Founding Fathers do. - 21/10/2010 02:56:36 PM 347 Views
I actually felt bad for her - 20/10/2010 10:46:57 AM 366 Views
She's right. - 20/10/2010 12:27:55 PM 484 Views
I'm less concerned about what she said than why she said it. *NM* - 20/10/2010 01:32:38 PM 257 Views
It is on youtube - 20/10/2010 02:40:12 PM 396 Views
Jesus Christ - 20/10/2010 03:03:30 PM 409 Views
Re: Jesus Christ - 20/10/2010 03:32:02 PM 354 Views
Re: Jesus Christ - 20/10/2010 03:36:48 PM 326 Views
Re: Jesus Christ - 20/10/2010 03:53:46 PM 337 Views
Re: Jesus Christ - 20/10/2010 04:01:49 PM 421 Views
Re: Jesus Christ - 20/10/2010 05:12:28 PM 329 Views
Because she knew her audience, she expected them to know better, not be deliberately obtuse. - 21/10/2010 02:31:19 PM 370 Views
See Dreaded Anomaly's reply below. - 21/10/2010 03:03:02 PM 399 Views
Done. - 21/10/2010 04:50:52 PM 336 Views
Yet another reason you aren't a lawyer. *NM* - 21/10/2010 05:09:16 PM 126 Views
Because I don't accept arguments I consider unproven? - 21/10/2010 05:23:52 PM 387 Views
I see we have replaced the PDS with ODS - 20/10/2010 03:05:58 PM 337 Views
It only depends on just how finely one wants to split hairs. - 20/10/2010 04:02:28 PM 340 Views
no it depends how far you want to stretch the Constitution to say things it doesn't say - 20/10/2010 04:19:04 PM 336 Views
No it does not show that. - 21/10/2010 02:58:32 AM 329 Views
It doesn't matter what some of them may have wanted - 21/10/2010 02:54:54 PM 313 Views
Treaty of Tripoli through the Establishment clause fairly explicitly affirms this. Sorry. *NM* - 21/10/2010 03:56:09 AM 146 Views
OK which clause allows for amending the Constitution by treaty? I can't seem to find it *NM* - 21/10/2010 02:59:01 PM 136 Views
Supremacy clause, not establishment clause. My mistake. - 21/10/2010 05:07:18 PM 337 Views
Sorry, but the Treaty of Tripolis relevant section still seems like commentary. - 21/10/2010 05:18:00 PM 328 Views
This is quickly becoming infuriating. - 22/10/2010 01:41:18 AM 310 Views
No, it's part of the treaty. - 22/10/2010 02:02:42 AM 349 Views
no your mistake was misreading the clause - 21/10/2010 05:48:52 PM 320 Views
Very difficult not to lose my temper here. - 22/10/2010 01:39:21 AM 310 Views
Then you should argue it violate a treaty with a country that no longer exist - 22/10/2010 02:03:32 PM 320 Views
Noticed that, too, did you? - 22/10/2010 08:40:09 PM 441 Views
She's so... bewildered! - 20/10/2010 06:40:04 PM 331 Views
that is what I think when I read a lot of the responses here - 20/10/2010 07:44:40 PM 318 Views
Because the logical conclusion is obvious. - 21/10/2010 03:08:39 AM 320 Views
I think it is logical that it means what is say not want some want it to say - 21/10/2010 03:02:08 PM 319 Views
Nonsense. The nature of the nation was already changing in the first generation. - 22/10/2010 12:35:26 AM 431 Views
but it is an impulse that should be limited - 22/10/2010 06:05:10 PM 321 Views
For those who think O'Donnell is correct, even on a technicality: - 20/10/2010 10:49:40 PM 379 Views
exactly - 21/10/2010 03:26:00 AM 367 Views
She started out alright - 21/10/2010 02:32:01 PM 319 Views
or she wasn't really paying attnetion to him and was still trying to argue her first point - 21/10/2010 03:24:06 PM 478 Views
Lol. Bush-League. - 21/10/2010 04:39:43 PM 295 Views
at leas thten the haters were hating someone who mattered *NM* - 21/10/2010 05:50:03 PM 154 Views

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