Skip to main content

View Diary: Religous Right Martyrdom (18 comments)

Comment Preferences

  •  Language isn't always simple (1+ / 0-)
    Recommended by:

    I know that a sentence or two in the amendment looks clear, and as an abstraction it certainly seems so. But there are numerous difficulties in practice. While it seems obvious on some levels, there is a reason there is such a high level of debate on this subject. We can say government isn't in religion, but, in reality it deals with religion constantly. That isn't to say it advances or inhibits religion specifically, but it does deal with it and through it constantly. That is why the answer isn't as simple as it is made out to seem in this referenced blog, or here.

    I see where you are going with this, in your disagreement with that blog, but I thought I'd point this out. If it is that simple, we wasted a lot of time in law school.

    •  always a possibility (3+ / 0-)
      Recommended by:
      G2geek, googie, stokecityfan12

      we wasted a lot of time in law school.

      But I agree, there's a lot to argue over in all of this.  Our freedoms are protected not just by the constitution and bill of rights, but by the painstaking process of interpreting and fighting over those rights, and the meaning of the somewhat vague placeholders that are thrown down to mark them.  It's messy.  It's weird.  It's haphazard. The results are often wrong for long periods of time.

    •  umm no. (0+ / 0-)

      IMHO, Lawyers made it complex when they succeeded in getting it applied to corporations and other non human entities. That is where 90% of the litigation concerning the 1st is currently.

      The biggest threat to America is not communism, it's moving America toward a fascist theocracy... -- Frank Zappa

      by NCrefugee on Wed Nov 18, 2009 at 10:20:12 AM PST

      [ Parent ]

      •  Ignoring the past years of litigation (0+ / 0-)

        Your statement ignores that vast number of years settling litigation on the First Amendment in many other arenas. That it might or might not apply to corporations did not make this issue complex. I completely disagree with your argument.

        Where litigation is now has very little bearing in the practical realities and difficulties in interpreting it. Your view is just a snapshot, and we need to look at more. Besides, litigation is not the end-all of disputes and issues inherent in something, it just represents what events have occurred, and what people have deemed important in bringing to the courts.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site