[BITList] US Constitution

s14engine s14engine at hotmail.com
Mon Jul 26 17:06:05 BST 2010


Outburst - what outburst?

Frank - you probably already know  the US Constitution..........................

as per the first amendment [1789] 

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

accordingly - the muslim parade in question cannot be approved or disapproved. It's a fact - like it or not.

colin
Establishment of religion
Main article: Establishment Clause of the First Amendment
The Establishment Clause of the First Amendment prohibits the establishment of a national religion by the Congress or the preference of one religion over another, non-religion over religion, or religion over non-religion. Originally, the First Amendment only applied to the federal government. Subsequently, McCollum v. Board of Education, 333 U.S. 203 (1948) incorporated certain select provisions. However, it was not until the middle to late twentieth century that the Supreme Court began to interpret the Establishment and Free Exercise Clauses in such a manner as to restrict the promotion of religion by state governments. In the Board of Education of Kiryas Joel Village School District v. Grumet, 512 U.S. 687 (1994), Justice David Souter, writing for the majority, concluded that "government should not prefer one religion to another, or religion to irreligion."[2]

Free exercise of religion
Main article: Free Exercise Clause of the First Amendment
In Sherbert v. Verner, 374 U.S. 398 (1963), the Warren Court applied the strict scrutiny standard of review to this clause, holding that a state must demonstrate a compelling interest in restricting religious activities. In Employment Division v. Smith, 494 U.S. 872 (1990), the Supreme Court retreated from this standard, permitting governmental actions that were neutral regarding religion. The Congress attempted to restore this standard by passing the Religious Freedom Restoration Act, but in City of Boerne v. Flores, 521 U.S. 507 (1997), the Supreme Court held that such an attempt was unconstitutional regarding state and local government actions (though permissible regarding federal actions).



From: FS 
Sent: Monday, July 26, 2010 10:23 AM
To: BitList 
Subject: Re: [BITList] nuts


Colin,
Am I to take it from your outburst that you approve of the form of annual Madison ave parade?
frank

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