And this makes it less unconstitutional?...
Posted By: Just the big bad on 2008-11-12
In Reply to: Let's see if I can explain this to you.. - isit2012yet
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Pledge unconstitutional
Federal Judge in Calif. Declares Pledge of Allegiance in Public Schools Unconstitutional |
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Kindergartners at Mayfair Elementary recite the Pledge of Allegiance Thursday, June 27, 2002 in Fresno, Calif. The Ninth Circuit Court of Appeals in California ruled Wednesday that reciting the Pledge of Allegiance in schools is unconstitutional, but one of the two judges who issued the ruling came out with another order that will keep the decision from taking effect, until the full appeals court can reconsider it. (AP Photo/Gary Kazanjian) |
09-14-2005 1:43 PM
By DAVID KRAVETS, Associated Press Writer
SAN FRANCISCO -- A federal judge declared the reciting of the Pledge of Allegiance in public schools unconstitutional Wednesday, a decision that could put the divisive issue on track for another round of Supreme Court arguments.
The case was brought by the same atheist whose previous battle against the words under God was rejected last year by the Supreme Court on procedural grounds.
U.S. District Judge Lawrence Karlton ruled that the pledge's reference to one nation under God violates school children's right to be free from a coercive requirement to affirm God.
Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools.
The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of.
Newdow, an attorney and a medical doctor, filed an identical case on behalf of three unnamed parents and their children. Karlton said those families have the right to sue.
Imagine every morning if the teachers had the children stand up, place their hands over their hearts, and say, 'We are one nation that denies God exists,' Newdow said in an interview with AP Radio after the ruling.
I think that everybody would not be sitting here saying, 'Oh, what harm is that.' They'd be furious. And that's exactly what goes on against atheists. And it shouldn't.
Karlton, ruling in Sacramento, said he would sign a restraining order preventing the recitation of the pledge at the Elk Grove Unified, Rio Linda and Elverta Joint Elementary school districts in Sacramento County, where the plaintiffs' children attend.
The order would not extend beyond those districts unless it is affirmed by the 9th Circuit, in which case it could apply to nine western states, or the Supreme Court, which would apply to all states.
The decision sets up another showdown over the pledge in schools, at a time when the makeup of the Supreme Court is in flux.
Wednesday's ruling comes as Supreme Court nominee John Roberts faces day three of his confirmation hearings before the Senate Judiciary Committee. He would succeed the late William H. Rehnquist as chief justice.
In July, Sandra Day O'Connor announced her plans to retire when a successor is confirmed.
The Becket Fund, a religious rights group that is a party to the case, said it would immediately appeal the case to the San Francisco-based 9th U.S. Circuit Court of Appeals. If the court does not change its precedent, the group would go to the Supreme Court.
It's a way to get this issue to the Supreme Court for a final decision to be made, said fund attorney Jared Leland.
The decisions by Karlton and the 9th Circuit conflict with an August opinion by the 4th U.S. Circuit Court of Appeals in Richmond, Va. That court upheld a Virginia law requiring public schools lead daily Pledge of Allegiance recitation, which is similar to the requirement in California.
A three-judge panel of that circuit ruled that the pledge is a patriotic exercise, not a religious affirmation similar to a prayer.
Undoubtedly, the pledge contains a religious phrase, and it is demeaning to persons of any faith to assert that the words `under God' contain no religious significance, Judge Karen Williams wrote for the 4th Circuit. The inclusion of those two words, however, does not alter the nature of the pledge as a patriotic activity.
Karlton, appointed to the Sacramento bench in 1979 by President Carter, wrote that the case concerned the ongoing struggle as to the role of religion in the civil life of this nation and added that his opinion will satisfy no one involved in that debate.
Karlton dismissed claims that the 1954 Congressional legislation inserting the words under God was unconstitutional. If his ruling stands, he reasoned that the school children and their parents in the case would not be harmed by the phrase because they would no longer have to recite it at school.
All it has to do is put the pledge as it was before, and say that we are one nation, indivisible, instead of dividing us on religious basis, Newdow said.
Terence Cassidy, a lawyer representing the school districts, said he was reviewing the opinion and was not immediately prepared to comment. |
And another unconstitutional thing going
Pentagon plans to deploy another 20,000 troops within the US to assist civilian law enforcement officials. This completely disregards American tradition of not having troops deployed amongst us and of the "Citizen soldier" idea of the militia, which was intended to prevent things like this from occurring.
It also violates the Posse Comitatus Act of 1878 which has forbid the military[air force, army, state national guards] from engaging in law enforcement unless by a declaration by congress.
Does this make anyone else uneasy?
http://www.washingtonpost.com/wp-dyn/content/article/2008/11/30/AR2008113002217.html
Funny you don't hear the media (except for Lou Dobbs) screaming foul to the top of their lungs. The liberal news media just doesn't care about our constitution nor what our founding fathers wanted for this country.
Obama is a constitution attorney, but he is one that thinks the constitution should be "played with" or a "living" constitution, not one that is static, as it was meant to be. He's one of these that likes to make the constitution whatever he wants to make it and he isn't alone. Bush screwed us all over when he struck down Posse Comitatus and most Americans don't even know it exist.......this should all be a wake up call for a country going down a very wrong path!
Makes me wonder...
... if he truly said that or if Bush forced him to say it, so we can show how *honest* we were when we promised we'd leave when the *Iraqis* wanted us out. The timing of this is just too ironic, considering it's on the heels of Murtha's PLAN involving Iraq. It seems to be more of a response to an angry America than an actual plan.
It's really sad to be this skeptical, but unfortunately, I can't take anything involving Bush at face value, considering the numbers of lies the world has been fed from this administration. By extension, I have to be suspect of things said by Iraqui leaders, who may be spoon-fed what they're *allowed* to say in their new *democracy* (promoting, of course, freedom of speech)!
What makes you think we don't have that?
?
Makes me wonder if she/they truly
want a free America, or something else. Someone else in history also liked to ban books, but we don't want to say his name, or even imagine anything like that could happen to America. There is a very clear choice between two dynamics. Can't understand why anyone who knows their own mind has a hard time deciding on a candidate this year.
Makes me like him even more! (nm)
:)
This just makes me want to cry.
What has our country become? I always knew that politicians were crooks, but for them to run our country into the ground just to line their own pockets.....it just absolutely disgusts me. All these politicians who received significant money from these companies......do you think they will suffer. No....it will be us who pay for all of this. Government as a whole has royally screwed us all with this.
This whole bail out thing has me so fuming mad I can't hardly see straight. I'm terrified that if we don't do it....we will collapse. I'm terrified that if we do it....it will only slow down but the collapse will still come...only later. I'm mad that they want to bail them out and screw the rest of us. I truly hope that there is another solution to this crisis other than a bail out.
I want the phuckers who deliberately screwed us through their own greed....I want them to pay for this. I want them to be held accountable. Instead, they lined their pockets, get bailed out, and it is the little people that lose out.
I am sick to death of hearing politicians getting on TV and blaming the other party when they themself received a substantial amount of money from these banks going under that are currently wanting bailed out. Stop playing the blame game and just come up with a plan that will benefit the tax payers and not just the big wigs who screwed us in the first place! Stop pointing fingers, grow up, and think of our country and not your own personal bank account.
If I see Obama point his finger at another person again instead of taking a good look in the mirror at himself.....I seriously will scream. He has received so much money from these people and yet he claims no blame at all. What an arrogant b@st@rd!!! What ever happened to taking responsibility for your actions? I guess that doesn't exist anymore....just blame it on the next sucker.
Actually, makes me wonder what is
camp. He is too organized and sly like a fox, there has to be some meaning to the madness.
Makes you wonder...........sm
just exactly what the Pentagon is expecting. They say timing is everything.
Are you serious? What makes you think
that Republicans are to blame for even this? Come on. It is terrible and I think that something like this cannot be blamed on a political party. It can only be blamed on those who did it. I am a Republican who would not be caught dead at a Black Friday sale. I went to one once and cannot stomach another. Many of my conservative friends and my conservative husband feel the same way.
That makes 2 of us...(sm)
bull-headed stubborn people, that is....LOL.
That makes 2 of us...(sm)
bull-headed stubborn people, that is....LOL. 
What makes you think
I have been in this industry for 35 years and I have worked my butt off every single one of those days. Don't even pretend that you can judge me or anyone else.
And that makes you perhaps...
suffer from an inferiority complex yourself? Pitiful
Sure you were! Now, that makes a big
your head out of the sand! Let's face it, talking ain't going to cut it. Did you see the color drain from his face this week when Iran launched that missile?
It makes me mad because -
I already lost my home (the one that I could
Makes me think of that old saying...
A government big enough to give you everything you want is strong enough to take everything you have. Sad...
It makes you wonder though
as many countries that have hostages by these pirates....you would think these pirates would be taken out. I mean...we know where they live, etc. It seems kind of crazy that a group of somali pirates can terrorize several countries to taking over ships. Maybe if ship crews were taught how to use guns and each ship was armed heavily and they could blow these pirates out of the water before they even get aboard......
You would just think something would be done about these A--holes.
What makes you think they haven't.
/
Then sit down if it makes you feel better.
See, the posting was supposed to be humorous. It made me laugh out loud, several times. This is called the LIBERAL board and it's provided for us liberals to post our thoughts as well as post serious items as well as humorous items. Please keep this in mind. If you have a problem with this humorous article please complain about it on the CON board.
This makes me crabby.
I believe the biggest problem our world is facing right now is overpopulation. I would think even the Lord would recognize that. That said, I would also comment that this woman's genitals as well as her husband's are under their own personal control, not the Lord's.
My other thought is that it seems likely that you would ever really really get to know any of your children while they were growing up with that many kids. My boyfriend is from a family of 8 children and he and his brothers all agree that they were basically raised by their older sisters and had no real quality relationship with their mother until they were much older. I'm not saying that is automatically the case, but simply often turns out to be the case.
That's probably because this is what makes sense to you.
Perhaps you could be a translator for us?
REPORTER: Is the tide turning in Iraq?
DUBYA: I think -- tide turning -- see, as I remember -- I was raised in the desert, but tides kind of -- it's easy to see a tide turn -- did I say those words?
-- White House, Jun. 14, 2006
If one were to measure progress on the number of suiciders, if that's your definition of success, I think it gives -- I think it will -- I think it obscures the steady, incremental march toward democracy we're seeing. In other words, it's very difficult -- you can have the most powerful army of the world -- ask the Israelis what it's like to try to stop suiciders. ...That's the -- but that's one of the main -- that's the main weapon of the enemy, the capacity to destroy innocent life with a suicider. ...Trying to stop suiciders -- which we're doing a pretty good job of on occasion -- is difficult to do. And what the Iraqis are going to have to eventually do is convince those who are conducting suiciders who are not inspired by al Qaeda, for example, to realize there's a peaceful tomorrow.
-- White House, May 23, 2006
I've reminded the Prime Minister -- the American people, Mr. Prime Minister, over the past months that it was not always a given that the United States and America would have a close relationship.
-- With Prime Minister Koizumi of Japan, White House, Jun. 29, 2006
This poll truly makes me ill....sm
85% Of Troops In Iraq Think Saddam Was Involved In 9/11, 77% Think Supported Al-Qaeda.
You can't blame them either. I cannot imagine what it be like to know what they are doing over there is all connected to nothing but BS. The cognitive dissonance would be unbearable.
Makes ya wonder doesn't it? (NT)
:-(
And that makes it somehow more palatable? I don't....
think so.
GREAT!! That makes ALL of us!! :-)
nm
This post makes it appear YOU are
nm
oh, that makes it okay then....nevermind....NOT....nm
x
Ok, that makes sense then
I was thinking when I read the headline that that sounds like something sports players would do to each other (like patting each other on the "behind"). The headline made it sound like he did it in a room full of reporters in the senate. HA HA HA
makes if biased and
not worth reading. Kind of like getting "news" from Faux. If you enjoy having all your misconceptions and radical opinions reinforced, you are using the right sources. Me, I like fact-checked info that does not insist it has the One and Only Truth.
Sorry...this makes no sense....
I think you mean Taliban, and bin Laden is not their boss. He is AL Qaeda's boss.
That being said...they were only doing what they were told to do? We are talking Congress here. They had the evidence that this could happen, and blocked legislation that would have prevented it. Who do you think "told" them to block it?
What makes you think that I personally don't?
pub or dem, who benefited from this should be the ones financially responsible to repair it. But that isn't going to happen and I'm sick of hearing about who's responsible for it. What about the homeowners who applied for these mortgages that they knew they couldn't afford? I hold them responsible. What about the banks who gave them the loan, knowing they could never repay it, but didn't care because they were just going to sell it? I hold them responsible. What about the CEOs who made millions on their severenace packages when they walked away from these failing companies? I hold them responsible. I don't care what party they are affiliated with. But the fact is, no one person is going to be held accountable. As a whole, the taxpayers will be made to be responsible.
You talk a good game and some of what you say makes sense. Unfortunately, you have to read through all the pub/dem cr@p to really get to what you're saying. Are you going to try to tell me that not 1 single pub had anything to do with any of this? That it all rests on the individual dems? Come on -- that's a load of bull and you know it.
Actually, Pelosi makes it look like a
nm
What exactly makes him a low-life, besides just
x
makes sense to me
x
makes no sense to me either
x
He makes $10 an hour
They only work 36 hours a week and taxes are taken out equaling $300 a week. Not his choice to work half days on Friday, its the companies. He tries to pick up odd jobs with his brother when they can, but right now they are lucky to even be building houses the housing market is so slow.
This makes me like Obama...
all the more. Thanks for posting this.
Biden will when he makes his run for
@
You still here? -being in the majority makes you
nm
This makes my point below. lol. (nm)
nm
Makes a lot of sense
Why don't we all do that??????
And that makes it less racist, because someone else said it?...nm
x
What makes you think he hasn't?
?
I probably am a "lucky one" who makes more...
but not because of how much I make per line; that is on the low end. I am fast and I have the same doctors all the time, but my production is high. Fair enough, pay the union workers for the work they actually do, "by the line" so to speak. I am perfectly okay with that. I bet a lot of them either work a lot harder or make a lot less.
Right on, JTBB. W's $40M makes O's $21M
Nice to have a balanced perspective.
What makes me happy....(sm)
is knowing that someone who actually has a viable plan will be in charge for a while.
There's that and the fact that you guys have such an aversion to this countdown that it's getting downright hilarious. The usual poster for the countdown must be off today, so I posted in thier stead. I didn't want you guys to go a whole day without something to gripe about. ROFL.
Your post makes no
sense. What are trying to say?
your post makes no
sense. How is turning off the television related to the faith board. I wonder about you.
And yet another one makes the Original
that makes a whole heck of a lot of
sense since isn't obama the one wanting to spend less money on our defense? I don't believe that Obama will stop any terrorist attack.
Some one please explain to me....you all blame Bush for 9/11 stating that there were warnings about planes, etc. Did they give a specific day? Which planes? So does the president take this information and land all planes and not allow air travel at all on that day? Do they evacuate all tall buildings and monuments just in case? Could 9/11 have been prevented? We all seem to know who to point the finger at but I'm sure dealing with terrorist and terrorists threats is a whole different ball game than us just sitting back and watching bad things happening and wanting to know why it wasn't stopped.
All I can say is that God forbid we have another terrorist attack, we will just have to wait and see how Obama handles it. I think it would be hard for any president to prevent some of these things, but that is just something we are going to have to see play out before we know the answer to it.
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