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Slightly unconstitutional

 
 
Reply Tue 20 Nov, 2012 02:14 pm
Two LETTERS in our excellent local Fourth Estate take issue with my "Hammering the cross" Nov. 11 questioning the constitutionality of a land transfer placing a religious symbol--the cross--in what might otherwise be public domain. Neither contributor seems to realize I'm on his side, defending the individual citizen's right to display virtually any sort of religious symbol without the implied endorsement in the public display by his own government of another possibly conflicting ideological or religious figure or emblem.

"A matter of principle" by Thomas Whittington Nov. 13 in a somewhat roundabout manner defends the cross "....as a matter of principle...." by its implied military connection: If it's a tribute recognizing military casualties and if the soldier is defending the constitution, then its official display must be constitutional. However this assertion is contradicted in the very same paragraph my Mr. Whittington's citation of the First Amendment forbidding any law "....respecting an establishment of religion...."

He alludes to the veterans' sacrifice as somehow upholding my right to compare the effect of a cross to that of hammer and sickle "....in the same sentence." In a very similar LETTER Nov. 20, "An offensive coupling", Tom Coppley describes it as "...the worst part of Mr. Hileman's letter...." All right then fellows, instead how about a crescent moon and star?

.......continuing, "The removal of the cross prohibited the exercise of his freedom speech and was an offensive act to veterans...." To the contrary Tom: Might not some if not many of our more than 3000 Muslim soldiers be offended by the Christian symbol?

http://online.wsj.com/article/SB125755853525335343.html

Thus the Supreme Court's approval of the transfer is of highly questionable constitutionality. Well, has it not been wrong before? Seems like just yesterday when I was 24 years old--only a microsecond ago in geological time-- when finally after 58 years ".....the Supreme Court decided unanimously that local laws mandating segregated schools were unconstitutional",

http://www.gilderlehrman.org/history-by-era/civil-rights-movement/resources/plessy-v-ferguson

but then just recently reinstated segregation, at least in Kentucky.

http://blog.nj.com/njv_frank_askin/2007/07/supreme_courts_resegregation_d.html

Clearly the slightly rightward-leaning court

http://www.nytimes.com/2010/07/25/us/25roberts.html?pagewanted=all&_r=0

considers okay a slight violation of constitutional principle.
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Type: Question • Score: 0 • Views: 1,343 • Replies: 6

 
dalehileman
 
  -1  
Reply Wed 21 Nov, 2012 02:52 pm
@dalehileman,
I see now I should have clarified that my original "Hammering the cross" bewailed the possibly unconstitutional expedient of circumvention which I closed by suggesting that its transfer might not be so blithely accepted if it were a hammer and sickle instead of a cross

…which my two Tom respondents apparently didn't quite grasp
dalehileman
 
  -1  
Reply Thu 22 Nov, 2012 01:02 pm
@dalehileman,
The questions before the house being two:

1. Should it be ok to display a religious symbol in an essentially governmental display

2. If not wasn't the transfer in order to place the cross on private property--obviously an end-run--also unconstitutional
cherrie
 
  5  
Reply Sat 24 Nov, 2012 12:49 am
@dalehileman,
You do realise that you are talking to yourself, don't you?
dalehileman
 
  0  
Reply Sat 24 Nov, 2012 12:18 pm
@cherrie,
You'd assume wouldn't you that I'm cherrie in that respect

(Forgive pun)
cherrie
 
  1  
Reply Sat 24 Nov, 2012 04:11 pm
@dalehileman,
Sorry, I don't understand the pun.
dalehileman
 
  0  
Reply Sat 24 Nov, 2012 05:01 pm
@cherrie,
"Cherry," Cherri, is colloquial for unfamiliar, unfathomed, celibacy, freshness, uncorrupted, etc
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