Re: Christine O'Donnell: "Where in the Constitution is the Separation of Church and S
1. The assumption that legal students could and would more easily than a person like COD, be able to recite the 1st amendment, is a logical one. Stating legal students do not read the Constitution every day is an opinion/assumption too.
You're claiming they read the Constitution every day. Please provide a citation or evidence.
According to my own experience having a few friends who have been through law school - their focus is on research, legal briefs and study -- that study is on case law, not the Constitution unless the class is specifically about the Constitution or Constitutional law. Even then, when it's about Constitutional Law - they're not reading the Constitution, their reading court briefs or past cases concerning Constitutional issues.
2. We were discussing "Her loss of words was due to her opponent Coons stating something was there that was not." and "You are reinterpreting her words." I asked you to "Read the transcript."
I thought I was clear - but perhaps I need to take it down a few notches and explain again.
I did not consider O'Donnell's words, I'm focusing on Coons claim that separation of church and state are included in the 1st Amendment. You posed a version of the debate transcript segment which is nicely shortened. How about we read the entire exchange shall we?
O'DONNELL: Where in the Constitution is separation of church and state?
COONS: It's in --
AUDIENCE: (laughter)
COONS: Excellent point. ...
AUDIENCE: (laughter)
COONS: Hold on. The First Amendment establishes the separation, the fact that the federal government shall not establish any religion?
Wrong. The 1st Amendment does NOT establish a separation - it prevents the Federal Government from creating a Theocracy or involving government in religion. The separation was not seen until 1947, Everson vs. Board of Education.
Now let's continue with the segment of the transcript your focusing on:
O'DONNELL: "You're telling me that separation of church and state is found in the first amendment?"
COONS: "Government shall make no establishment of religion."
Also wrong... the establishment of religion is NOT the same as a separation of church and state.
3. What exactly did Coons try and fail at? The 1st amendment most certainly does imply a separation of Church and State.
It does not identify the any separation but prevents the creation of ... (see my words above). Separation was not identified until 1947 and it was never added to the Constitution, but it's a matter of Case Law.
All the separation of church and state means is that the state cannot establish a religion -- meaning a church, as in the Church of England.
Partially correct - but separation of church and state does not mean the state cannot establish a religion - that was already covered in the 1st Amendment. In fact, Everson which is used as the law identifying a separation of church and state had nothing to do with the establishment clause. The suit was brought against the school board because of NJ law allowed reimbursement of funds for bussing public school children and applied it to Catholic school children. Go read it some time.
Coons never said the 1st amendment contained the words COD was stuck on.
Wrong.
COONS:
Hold on. The First Amendment establishes the separation, the fact that the federal government shall not establish any religion
We could argue about original intent if you cared to, but I think you would be lost.
No need - all I have to do is keep quoting Coons who was clearly wrong.
You could prove me wrong here, but the fastest horse to bet on is that you won't, because you can't.
There are many smarter people than I am who already have proven you wrong.
For example, Rehnquist's view in Jaffree
Rehnquist's Dissent in Wallace v Jaffree (1985)
And let's also be clear --- because Everson has been in place since 1947 and is "settled law", so was Dread Scott until it took a Civil War to over turn it. There's no such thing as settled law.