Saturday, March 28, 2009
Rule of Law
As I previously stated the rule of law that existed before the case was before the Supreme Court consisted of two laws, The Free Exercise Clause, and the first Amendment’s Establishment Clause. These two laws allowed for the courts in America to dance around the subject to try and leave little to no wiggle room for a big change with regards to religion and school. The School District’s argument was valid with law binding points that in some way allowed for the practice to go on legally for as long as it did. The School District stated the Establishment Clause was specifically in place to prevent congress from making any laws regarding the establishment of Religion. This was intended to not suppress the right of those who already did believe and wanted to continue to practice religion. Not to misconstrue the idea and allow public school to impose religion on our youth and then not allow congress to “make any laws preventing the it’s practice.” The second was the Free Exercise Clause, which was intended to keep law makers from preventing the practice of religion or dictate the way its practices should be conducted. Again this was to protect those who believe in religion, not to force those who did not believe to practice against their will. Our youth is the most vital thing to our society and although I believe the majority of religions have a “do good get good mentality” yet it is not their right to make me think and feel that way about their book and their god unless I first choose to. This is a tough call for those in power many decades ago. They risk the uprising of “Hippies” or the enslavement of free expression and idea. Big choice for any human let alone a judge who has to decide the fate of millions of Americans alike. How do you not let your own bias get in the way of your decision? Can judges put their own personal beliefs aside for the sake of a society and a 200 year old piece of paper they swore in oath to uphold and protect? The best judges I think somehow do.
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