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View Full Version : Mixed Messages from the Judicial Branch



FlaGator
03-18-2009, 07:23 AM
No wonder there is confusion in the U.S. The Judicial Branch of the Federal Government can't even agree on what is and isn't Constitutional even when to courts are making a decision on what is essentially the same thing?


Court Upholds Texas Moment of Silence Law

A federal appeals court upheld on Monday a Texas law allowing students to observe a moment of silence at the beginning of each school day.

A three-judge panel from the U.S. Court of Appeals for the 5th Circuit affirmed a district court ruling, rejecting a North Texas couple's claim that the moment of silence law, which took effect in 2003, was unconstitutional.

The panel ruled that the statute is "facially neutral between religious and non-religious activities that students can choose to engage in during the moment of silence."

After the ruling, David Cortman, senior legal counsel for the Alliance Defense Fund which filed a friend-of-the-court brief in the case last year, stated, "A moment of silence is not a government endorsement of religion just because someone might use the time for prayer.


Read it in total here (http://www.christianpost.com/Society/Court_cases/2009/03/court-upholds-texas-moment-of-silence-law-as-constitutional-17/index.html)

In January there was this

Moment of Silence in Ill. Schools Ruled Unconstitutional

CHICAGO – A federal judge has ruled that a state law requiring a moment of silence in public schools across Illinois is unconstitutional, saying it crosses the line separating church and state.

"The statute is a subtle effort to force students at impressionable ages to contemplate religion," U.S. District Judge Robert W. Gettleman said in his ruling Wednesday.

The ruling came in a lawsuit designed to bar schools from enforcing the Illinois Silent Reflection and Student Prayer Act. It was filed by talk show host Rob Sherman, an outspoken atheist, and his daughter, Dawn, a high school student.


Read it in total here (http://www.christianpost.com/Education/General/2009/01/moment-of-silence-in-ill-schools-ruled-unconstitutional-23/index.html)

PoliCon
03-18-2009, 09:50 AM
there is a war at work for control of the judicial branch. On one side - you have the progressives who want to move beyond the constitution into realm of relativism where international opinion is more important than a silly document written 200+ years ago. On the other side there are the constitutionalists who believe in the sovereignty of the American people and immutability of the Constitution. This is a war for the heart and soul of this country and people just don't see it. :(