Re: Floodwaters and Undermined Walls

2005-09-02 Thread RJLipkin
In a message dated 9/1/2005 2:39:50 PM Eastern Standard Time, [EMAIL PROTECTED] writes: The provision of material needs tells me that my leaders are aware of shortages and doing their job to meet them. The call to prayer tells me that the leaders' hearts are with me as well. I

Re: Floodwaters and Undermined Walls

2005-09-02 Thread Ed Darrell
In a purely legal vein, I would note that the governor's call carries no penalty for noncompliance, nor any penalty for complying by praying differently, or to a different deity. In short, it's not on all four squares with Judge Dement's decision (for which he won the Profiles in Courage award, if

Re: Floodwaters and Undermined Walls

2005-09-02 Thread Mark Graber
Having jumped into this discussion a bit late, let me elaborate on points that I believe Joel Sogol has elegantly made. At times of personal tragedy, many strict separationists believe that civility requires that we sometimes sit on constitutional objections (which others may think are mistaken).

Re: Floodwaters and Undermined Walls

2005-09-02 Thread JMHACLJ
In a message dated 9/1/2005 4:11:37 P.M. Eastern Daylight Time, [EMAIL PROTECTED] writes: In a purely legal vein, I would note that the governor's call carries no penalty for noncompliance, nor any penalty for complying by praying differently, or to a different deity. These define a

Floodwaters and Undermined Walls

2005-09-01 Thread JMHACLJ
The wall is the central metaphor defining the meaning and work of the Establishment Clause for many commentators including on this list. When the government "gets away" with some emblematic behavior tinged with religious connotations, the hue and cry of breach is predictable. We are all

Re: Floodwaters and Undermined Walls

2005-09-01 Thread FRAP428
Jim Henderson, you are beyond disgusting. People are dying. They were gasping out their last breaths or cradling a loved one--a child, a mother or father--in distress as you wrote your post. Save your idelogical arguments for another time. I'm sorry, Eugene, but this is too much so don't bother to

RE: Floodwaters and Undermined Walls

2005-09-01 Thread Dave Ball
W. Broad St., Suite 950Columbus, OH 43215voice: 614-644-1582fax: 614-728-3749cell: 614-316-8222www.olaf.org From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED]Sent: Thursday, September 01, 2005 1:11 PMTo: religionlaw@lists.ucla.eduSubject: Re: Floodwaters and Undermined

RE: Floodwaters and Undermined Walls

2005-09-01 Thread David Cruz
In Frances Paterson's defense, while this may be the place for the noting that Henderson did, considerations of appropriate time are also relevant. And just now, when we don't even know how many people have died, haven't recovered their bodies, haven't even necessarily rescued all the trapped,

Re: Floodwaters and Undermined Walls

2005-09-01 Thread ArtSpitzer
In a message dated 9/1/05 1:48:47 PM, [EMAIL PROTECTED] writes: Well, I know now what I always suspected.  If I cried out to Jim Henderson for succor, he might well help me but one part of his mind would be thinking or at least considering if he could use my suffering to advance his agenda. 

Re: Floodwaters and Undermined Walls

2005-09-01 Thread Paul Finkelman
ED] Sent: Thursday, September 01, 2005 11:21 AM To: religionlaw@lists.ucla.edu Subject: Floodwaters and Undermined Walls The wall is the central metaphor defining the meaning and work of the Establishment Clause for many commentators including on this list. When the government

Re: Floodwaters and Undermined Walls

2005-09-01 Thread Brad M Pardee
I'm not sure there is anything the governor could have done in the time it took to issue a call to prayer that wasn't already being done. And in time of crisis, like 9/11 or Hurricane Katrina or anything else of such a devastating magnitude, there are many of us who find a call to prayer as

RE: Floodwaters and Undermined Walls

2005-09-01 Thread Marc Stern
the same. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Thursday, September 01, 2005 2:18 PM To: [EMAIL PROTECTED]; religionlaw@lists.ucla.edu Subject: Re: Floodwaters and Undermined Walls In a message dated 9/1/05 1:48:47 PM, [EMAIL

Re: Floodwaters and Undermined Walls

2005-09-01 Thread A.E. Brownstein
I don't spend a lot of time worrying about the exact words government officials use to respond to catastrophes, but Art makes a very legitimate point here. It's not hard to come up with language that is inclusive. When we face disasters as a people, and feel the need to speak as a people,

Re: Floodwaters and Undermined Walls

2005-09-01 Thread Ed Darrell
Were there penalties in the past, they would have pre-dated the Establishment Clause, and so would not be relevant to EC litigation. Washington's actions are noteworthy, perhaps: Congress sent him (non-binding) resolutions calling for days of prayer or fasting; Washington carefully edited out