The word "separation" doesn't appear, but the Establishment Clause has been interpreted that way for 200+ years. Which makes it a little hard to argue that some hippie activist judges have recently been stompin' on the Founders' intent.
That is not true. The federal government was to never have any involvement in public schools of any state. It all started during Carter's admin. However the Iowa Constitution indicates that the state is to provide free education. What's at issue is the federal government and it's not to be involved. This was the Founder's intent.
Yes, purely as a matter of law. It wasn't "ok" morally and retally can't be defended Constitutionally either (which the Founders knew at the time, by the way, they set the institution up for eventual failure - sneaky and brilliant bastards that they were), and thankfully it was overturned subsequently.
So legality and morality should be separate? That's why faith has to be involved. For example, why is murder against civil law? Or why is stealing against civil law? Gee, could it be because that's what God says in the Bible? That is the origin of why both are illegal today.
Someone's faith will always be at the origin of organic law. Right now, people with an atheist world view are in charge and I think will be for the rest of the country's time.
Quite so, but the Court can overturn a law it deems unconstitutional. Judicial review, Marbury vs. Madison etc. Nothing you just said contradicts Thunder.
Of course it can, but the legislature can vote to overturn their ruling and that ends the story. The court can then no longer have any authority over that ruling.
I'm as conservative as anyone, but the Tea Party "it's not in the Constitution!" meme really grows tiresome.
The term conservative really has no definition today. I am not a conservative. Look at the so called conservatives today. They are a total joke and can't even beat a president when the economy is horrible. The so called conservatives today have no idea what they stand for. I don't think the republicans will win another presidential election. They are going the way of the Wigs back in the 1800's.
Know what else isn't in the Constitution?
* The Air Force
* Congressional Districts
* Public Pensions
* Unions
* Executive Orders
* Executive Privilege
* God
* "Immigration"
* "Electoral College"
* Innocent until proven guilty
* Jury of Peers
* Marriage
* Number of Justices in the Supreme Court
* Paper Money
* Political Parties
* Primary Elections
* Qualifications for Judges
* The right to privacy
* The right to travel freely
* Fannie Mae or Freddie Mac
* The FCC, FTC, FDA, FDIC or SEC
* The United Nations
* TV, radio, movies, music or the Internet
Not all of what you just listed in unconstitutional, but most is. By the way, you say God is not in the Constitution. This is funny because you know that The Creator is.
Outrageous!!! Death to the activist judges!