Updated: 8/16/15; 18:46:39


pedantic nuthatch
Life in a Northern Virginia suburb of Washington, D.C. B.M.A.T.C., and Etruscan typewriter erasers. Blogged by David Gorsline.

Friday, 6 August 2004

Drat! I clobbered John Nielsen's name in yesterday's post. Sorry about that.

posted: 6:00:06 PM  

IANAL, but I can talk like one now, thanks to Timothy Sandefur's excellent article on constitutional law, the structure of the court system in this country, and the way lawyers see the world.

... lawyers think in terms of boundaries. In my earlier posts, I've said that the Establishment Clause of the First Amendment (as incorporated by the Fourteenth Amendment) only prohibits the state from teaching religion as true, but does not prohibit the state from teaching bad science. Of course I don't think states should teach bad science. But there's no law against it. The state is therefore "free" to do what it "chooses" (a state can't choose; citizens can, but whatever) within the boundaries of the Establishment Clause. This part frustrates people a lot, because they want the law to say you must do this, or you must do that, but the law rarely does that. Usually it just says, you may not cross this line, but you may do whatever you want otherwise. This is a good thing, in the end—it protects individual freedom.

The post might be of interest to any "Law & Order" fans that you might happen to know.

(Thanks to WHATEVER.)

posted: 3:15:26 PM  




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