I said nothing about "public schools". I said the Establishment Clause has been interpreted as enforcing an effective separation of church & state for 200+ years. If you're derping about prayer in public schools, the first SCOTUS case there was in 1962 (Engel v Vitale), not under "Carter". An excellent decision, by the way, and a conservative one: that the government can't compose a prayer and mandate students to recite it. But that's an aside, because again, I wasn't talking about public schools or prayer.
Sorry, that is what I thought you meant. The federal government started to really get involved with public schools during the Carter admin. That's when the dept of education was started. I realize the fed was involved before that.
No, I'm one who believes the Constitution very much has an underlying moral basis, as did English Common Law before it. What I said was that SCOTUS got that case wrong. Nonetheless, until it got corrected, it was the law of the land. If men choose which laws to obey or ignore, you have anarchy. If you believe a law is immoral, or unconstitutional, or (in this case) both, you work to fix it. Pretty simple; not controversial, except in the minds of anarchists and other morons.
I don't see where we disagree here then.
LOL. Do you frequently make things up? Care to link us a single example? If a law is deemed unconstitutional, re-passing it doesn't make it constitutional. SCOTUS can overrule it again, and again - but in practice that never happens because a) Congress generally understands law, unlike you and b) the few times they've tried to get cute and re-pass a law with minor or non-responsive changes, the federal courts smack it down and SCOTUS simply chooses not to hear it again.
Your view is incorrect on this. The judicial branch was designed to be the weakest of the three branches of the federal government. Once again, when the scotus rules on something, they do NOT have the final say. The congress can thank them for their opinion and vote to over rule them on that decision because of their superiority to them. Don't believe me on this. Go look it up. Has it been tried much? No. I think the last time it was tried was when Tom Daschle wrote a bill that took the away the court's ability to rule on it. I think it has something to do with forestry. It's gotta be on the net somewhere I'd bet.
The scotus is never the final legal authority, congress is.
Billso