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
|
|