Baresark said:
Here is the main issue. The SC does not hold the right to determine whether a law is constitutional. It took that power for itself and is not expressly given in the US Constitution.
Thats literally the exact reason the Supreme Court exists. Its established in Article III of the Constitution, from 1789. It existed before the Bill of Rights.
http://www.law.cornell.edu/constitution/articleiii
How do you think these things? Are you an alien or something? I learned this stuff in fifth grade.
The 10th Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
And the separation of church and state exists in the first amendment, ergo, states are always subject to it.
Since the Constitution does not explicitly give that power to the the Federal Supreme Court, then it does not have that power.
The Supreme Court exists to make sure that any level of government doesn't do something unconstitutional, and to undo it if done so. Thats why it exists. It
does have that power. Are you from Saturn?
Furthermore: the first amendment does not prohibit such a statue on the state lands. It simply says: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;" This means that there is no state religion, and no religion can be seen as less than any other. Your school example is using tax funded schools to teach religion is prohibited.
You do understand that "respecting" part, right? The Supreme Court has continually found that in no way must the government particularly accomodate a religion over another.
This is not utilizing tax funded lands being used to spread religion.
Displaying the Ten Commandments, which is a piece of religious scripture with no secular purpose[footnote]Therefore failing the Lemon Test, and being unconstitutional: http://en.wikipedia.org/wiki/Lemon_v._Kurtzman#Lemon_test[/footnote]
A lot of people get hung up on the Supreme Court.
Because its there for a reason. It existed before the Bill of Rights. Its an integral part of a political system designed to protect the people better than any other government in the history of the world had at the time of its drafting.
Let me ask you this: In Dred Scott vs Sandford, the SC ruled that Scott was the property of Sandford and could not sue for his freedom. The Supreme Court to this day has never repealed that decision. It has been handled in a manner in the 13th, 14th, and 15th amendments, but in the end since the SC MUST have the right to determine constitutionality, do you stand by that decision of SC in Dred Scott Vs Sandford?
Have you actually read Scott v. Sandford? Of course not, because then you'd know
why it was ruled that way. Scott had sued for his freedom, because he was a slave that made it to a free state, and then his former slavemaster found him and tried to force his return. The Supreme Court ruled against because
he was not a citizen, and did not have rights, not because he was property. The goal of that ruling was not to judge the morality of slavery, but to uphold the Constitution, and nowhere in the Constitution was there anything to lead one to believe that Scott was a citizen with rights. I stand by the decision, because it wasn't one that ruled on the morality of slavery, but ruled strictly on constitutional law - and it was, from a completely technical standpoint, correct when it was made.
Though I really shouldn't have wasted my time to answer that. You're trying to discredit the entire existence of the Supreme Court because they made decision that, in retrospect,
seems abhorrent, if only because you misrepresented it.
Furthermore, the Supreme Court has ruled on multiple occasions that the 10 commandments are historical and not an establishment of religion. In one case in 2005 they ruled that it's constitutional and acceptable in the front of the building. That same year they decided that display of the 10 commandments was unconstitutional inside a courthouse. If we are to follow that example, is it then not completely constitutional for this to exist on the front lawn of state legislation building?
It's important to understand that the Supreme Court was not given the power to decide constitutionality, therefore it automatically falls to the states. It's equally important to know that they do not decide any of this based on any kind of set rules, they make it up as they go. And finally, the 10 Commandments, as it was decided by the US Supreme Court is not a violation of religious rights in the front of a state building.
Then you're misunderstanding the cases. For example, the most recent example that I'm aware of, a monument of the Ten Commandments in Texas at the state capitol. Here's the reasons why it stayed:
1. The monument's 40-year history on the Texas state grounds indicates that nonreligious aspects of the tablets' message predominate.
2. The group that donated the monument, the Fraternal Order of Eagles, is a private civic (and primarily secular) organization. Who, while interested in the religious aspect of the Ten Commandments, sought to highlight the Commandments' role in shaping civic morality as part of that organization's efforts to combat juvenile delinquency.
3. The Eagles' consulted with a committee composed of members of several faiths in order to find a nonsectarian text ? an act which underscores the group's ethics-based motives.
4. The tablets, as displayed on the monument, prominently acknowledge that the Eagles donated the display.
5. The physical setting of the monument suggests little or nothing of the sacred.
The monument sits in a large park containing 17 monuments and 21 historical markers, all designed to illustrate the "ideals" of those who settled in Texas and of those who have lived there since that time.
The setting does not readily lend itself to meditation or any other religious activity.
The setting does provide a context of history and moral ideals.
The larger display (together with the display's inscription about its origin) communicates to visitors that the State sought to reflect moral principles, illustrating a relation between ethics and law that the State's citizens, historically speaking, have endorsed. That is to say, the context suggests that the State intended the display's moral message ? an illustrative message reflecting the historical "ideals" of Texans ? to predominate.
http://en.wikipedia.org/wiki/Van_Orden_v._Perry#Breyer.27s_concurrence
This new monument in Oklohoma has absolutely none of those in its corner to support it.