Re: Government displays protesting against the Supreme Court's Establishment Clause jurisprudence

2005-07-07 Thread Steve Klemetti
Brad Pardee wrote: - Original Message - From: "Steve Klemetti" <[EMAIL PROTECTED]> I don't think it would be because it sounds treasonous or something like that. When one governing body goes against the orders of a higher court, then that first body is violating the constitution by

RE: Government displays protesting againsttheSupremeCourt'sEstablishment Clause jurisprudence

2005-07-07 Thread Volokh, Eugene
Title: Message     You may be right that most such political actors don't do this *independently* of a desire to promote the faith.  But as we agree, McCreary doesn't claim that having a desire to promote the faith by itself taints the purpose.  What if someone has both a desire to protest t

RE: Government displays protesting against theSupremeCourt'sEstablishment Clause jurisprudence

2005-07-07 Thread Douglas Laycock
Title: Message It is implausible because no political actor wants to do this independently of either wanting to promote the faith or believing that a substantial block of his constituents want him to promote the faith.  There is simply no motivation sufficient to overcome inertia independent

RE: Government displays protesting against the SupremeCourt'sEstablishment Clause jurisprudence

2005-07-07 Thread Volokh, Eugene
Title: Message     I say not implausible because I think it's very likely that many government officials sincerely disapprove of the Supreme Court decisions, and sincerely want to educate the public on the historical evidence that leads them to disapprove of it.  They may also be quite happy

RE: Government displays protesting against the SupremeCourt's Establishment Clause jurisprudence

2005-07-07 Thread Volokh, Eugene
Even setting aside the rather overwrought charge of treason, is this even civil disobedience? It would only be that if the Court were to conclude that such a display is unconstitutional. And therein lies the question: When the government's primary purpose is to convey its disagreement wi

Re: Government displays protesting against the Supreme Court's Establishment Clause jurisprudence

2005-07-07 Thread Brad Pardee
- Original Message - From: "Steve Klemetti" <[EMAIL PROTECTED]> I don't think it would be because it sounds treasonous or something like that. When one governing body goes against the orders of a higher court, then that first body is violating the constitution by that action. If the pe

Re: Government displays protesting against the Supreme Court'sEstablishment Clause jurisprudence

2005-07-07 Thread Marty Lederman
"not implausible"?    OK, so imagine that certain public elementary and secondary schools, notwithstanding Engle and Schempp and Santa Fe, continue to engage in prayer before classes and football games (indeed, I've been told that such practices do, in fact, continue in many school district

Re: Government displays protesting against the Supreme Court's Establishment Clause jurisprudence

2005-07-07 Thread Steve Klemetti
Volokh, Eugene wrote: Say that a City Council mounts a display of historical American documents that have religious themes -- say, the ones cited in Justice Scalia's McCreary dissent -- with an introductory posting that says: "The City Council of [name] condemns the Supreme Court's decis

Government displays protesting against the Supreme Court's Establishment Clause jurisprudence

2005-07-07 Thread Volokh, Eugene
Say that a City Council mounts a display of historical American documents that have religious themes -- say, the ones cited in Justice Scalia's McCreary dissent -- with an introductory posting that says: "The City Council of [name] condemns the Supreme Court's decisions striking down the di