well, schools can teach creationism because of the establishment clause.
Orginally, as written, schools can teach creationism or have school prayer, or whatever, because the establishment clause protects the state and the localities from Federals telling them what to do. “creationism” is “an establishment of religion.
Congress shall pass no law respecting creationism
Congress shall pass no law respecting school prayer.
States can have these things, and did without anybody caring at all until 1947, when the SCt decided to clearly negate the clear meaning of the 1A.
Christine, after the debate yesterday, decided to explain what she was doing during the debate as an attempt to get Coons to talk about the free exercise clause. Unfortunately, the free exercise clause isn’t really relevant here.
Very very few people on either side of this debate have any real clue. Honestly, I think I have as good an understanding of anybody, and I am not confident at all in my mastery of this.
I recommend everyone take a look at Elk Grove - the Thomas concurrence.
But it’s also fun to just type whatever based on what little information. It can be fun to read post after post and article after article by people who really have no idea whatsoever about what they’re talking about.
According to your view of the Constitution, would it be acceptable for a State to pass a law abridging a citizen's freedom of speech?
Are the right guaranteed to us under the Constitution derived from the Natural Rights of man, or from Government? If they derive from the Natural Rights of man, then none but a tyrannous government could abridge those rights. Our Constitution was NOT set up so that we would live under State tyranny, but so that we would live in freedom.
Our rights mean little if they are only guarded at the Federal level.
But I agree with you that teaching Creationism in public schools would be “an establishment of religion”, giving preference and the government seal of approval to one set of religious doctrine over others.