On Thu, Dec 04, 2003 at 03:38:43PM -0500, Brice Yokem wrote:
> Your point that prayer (specifically prayer in public schools) being viewed
> as unconstitutional is an arbitrary decision is absolutely correct.  I would
> add, however, that it may be the same type of arbitrary decision that in
> retrospect will seem obvious as something we should have done all along.
>
> ----------------------
>
> If it becomes obvious we SHOULD have done it all along, the proper course
> is to have a CONSTITUTIONAL AMENDMENT when it becomes obvious, not
> legislate from the bench.

But if what we should have done all along is follow the Constitution, then
why is an amendment necessary?

The rights enumerated (note: *NOT* granted) by the Constitution are there to
protect the minority from the tyranny of the majority. It is just as wrong
to a government to violate any of those rights, no matter which one you're
talking about, as any others, and wrong to do so no matter how large a
majority wishes it were otherwise. There are some things no government can
do and remain legitimate. Our Constitution has done an exemplary job of
protecting us from those things, and the job it does gets better over the
years as we gain a better understanding of what the Founding Fathers meant.
It's not perfect - we still pretty much ignore the Second Amendment's plain
words, for example - but it's improving all the time. It wouldn't improve
were it not for the fact that judges have the power to measure our laws
against it and throw out those that are lacking.

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