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December 29, 2005

Talking Politics with Muslims “Dangerous and Irresponsible”

Posted by Eric at 7:52 pm. Filed under: Randomly Interesting

At least according to the AP, that’s what one teacher thinks.

As a junior this year at a Pine Crest School, a prep academy of about 700 students in Fort Lauderdale, Hassan studied writers like John McPhee in the book “The New Journalism,” an introduction to immersion journalism _ a writer who lives the life of his subject in order to better understand it.

Diving headfirst into an assignment, Hassan, whose parents were born in Iraq but have lived in the United States for about 35 years, hung out at a local mosque. The teen, who says he has no religious affiliation, added that he even spent an entire night until 6 a.m. talking politics with a group of Muslim men, a level of “immersion” his teacher characterized as dangerous and irresponsible.

UPDATE: Michelle Malkin says “get this kid a blog!”


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Six Circuit: “No Wall of Separation”

Posted by Eric at 4:17 pm. Filed under: Courts / Legal

Judge Richard Suhrheinrich has ruled that the ACLU arguments about the “wall of separation” between church and state are “tiresome.”

He criticized the organization for arguing that the First Amendment mandates a “wall of separation between church and state.”

“Our nation’s history is full of governmental acknowledgment and in some cases accommodation of religion,” the judge wrote.

WND reports:

Writing for the 6th Circuit Court of Appeals, Judge Richard Suhrheinrich said the ACLU’s “repeated reference ‘to the separation of church and state’ … has grown tiresome. The First Amendment does not demand a wall of separation between church and state.”

Here is the most interesting snippet of the full opinion (pdf).

The ACLU’s argument contains three fundamental flaws. First, the ACLU makes repeated reference to “the separation of church and state.” This extra-constitutional construct has grown tiresome. The First Amendment does not demand a wall of separation between church and state. See Lynch, 465 U.S. at 673; Lemon, 403 U.S. at 614; Zorach v. Clauson, 343 U.S. 306, 312 (1952); Brown v. Gilmore, 258 F.3d 265, 274 (4th Cir. 2001); Stark v. Indep. Sch. Dist., No. 640., 123 F.3d 1068, 1076 (8th Cir. 1997); see also Capitol Square, 243 F.3d at 300 (dismissing strict separatism as “a notion that simply perverts our history”). Our Nation’s history is replete with governmental acknowledgment and in some cases, accommodation of religion. See, e.g., Marsh v. Chambers, 463 U.S. 783 (1983) (upholding legislative prayer); McGowan v. Maryland, 366 U.S. 420 (1961) (upholding Sunday closing laws); see also Lynch, 465 U.S. at 674 (“There is an unbroken history of official acknowledgment by all three branches of government of the role of religion in American life from at least 1789.”); Capitol Square, 243 F.3d at 293-99 (describing historical examples of governmental involvement with religion). After all, “[w]e are a religious people whose institutions presuppose a Supreme Being.” Zorach, 343 U.S. at 313. Thus, state recognition of religion that falls short of endorsement is constitutionally permissible.

Second, the ACLU focuses on the religiousness of the Ten Commandments. No reasonable person would dispute their sectarian nature, but they also have a secular nature that the ACLU does not address. That they are religious merely begs the question whether this display is religious; it does not answer it. “[T]he Establishment Clause inquiry cannot be distilled into a fixed, per se rule.” Pinette, 515 U.S. at 778 (O’Connor J., concurring); see Lee v. Weisman, 505 U.S. 577, 597-98 (1992). Although treating the subject matter categorically would make our review eminently simpler, we are called upon to examine Mercer County’s actions in light of context. “Simply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the Establishment Clause.” Van Orden, 125 S. Ct. at 2863 (plurality opinion). Moreover, “[f]ocus exclusively on the religious component of any activity would inevitably lead to its invalidation under the Establishment Clause.” Lynch, 465 U.S. at 680. The Constitution requires an analysis beyond the four-corners of the Ten Commandments. In short, “proving” that the Ten Commandments themselves are religious does not prove an Establishment Clause violation.

Third, the ACLU erroneously–though perhaps intentionally–equates recognition with endorsement. To endorse is necessarily to recognize, but the converse does not follow. Cf. Mercer County, 219 F. Supp. 2d at 789 (“Endorsement of religion is a normative concept; whereas acknowledgment of religion is not necessarily a value-laden concept.”). Because nothing in the display, its history, or its implementation supports the notion that Mercer County has selectively endorsed the sectarian elements of the first four Commandments, we fail to see why the reasonable person would interpret the presence of the Ten Commandments as part of the larger “Foundations” display as a governmental endorsement of religion.

We will not presume endorsement from the mere display of the Ten Commandments. If the reasonable observer perceived all government references to the Deity as endorsements, then many of our Nation’s cherished traditions would be unconstitutional, including the Declaration of Independence and the national motto. Fortunately, the reasonable person is not a hyper-sensitive plaintiff. See Washegesic ex rel. Pensinger v. Bloomingdale Pub. Sch., 33 F.3d 679, 684 (6th Cir. 1994) (Guy, J., concurring) (describing the “eggshell” plaintiff as unknown to the Establishment Clause). Instead, he appreciates the role religion has played in our governmental institutions, and finds it historically appropriate and traditionally acceptable for a state to include religious influences, even in the form of sacred texts, in honoring American legal traditions.


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The Dangers of Dihydrogen Monoxide

Posted by Eric at 11:49 am. Filed under: Humor

If you haven’t heard of the dangers of Dihydrogen Monoxide, you’re not alone, but you need to act now.

What are some of the dangers associated with DHMO?

  • Each year, Dihydrogen Monoxide is a known causative component in many thousands of deaths and is a major contributor to millions upon millions of dollars in damage to property and the environment. Some of the known perils of Dihydrogen Monoxide are: Death due to accidental inhalation of DHMO, even in small quantities.
  • Prolonged exposure to solid DHMO causes severe tissue damage.
  • Excessive ingestion produces a number of unpleasant though not typically life-threatening side-effects.
  • DHMO is a major component of acid rain.
  • Gaseous DHMO can cause severe burns.
  • Contributes to soil erosion.
  • Leads to corrosion and oxidation of many metals.
  • Contamination of electrical systems often causes short-circuits.
  • Exposure decreases effectiveness of automobile brakes.
  • Found in biopsies of pre-cancerous tumors and lesions.
  • Often associated with killer cyclones in the U.S. Midwest and elsewhere.
  • Thermal variations in DHMO are a suspected contributor to the El Nino weather effect.

“Forward this to everyone in your address book, it’s that important!”

;-)


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