I hope that I don't "muddle" or "ruffle" this "thread" further. My view is our
U.S. Supreme Court decisions on a case by case basis -- are independent (in
theory) of any collective or individual view by any one of us -- "we" -- the
people. We can hash over the correctness, applicability, and, the "intent" as
superficially or as expansive and deep as we please, but, those decisions stand
and are and have been historically respected until such time as a new "twist" is
formally brought before the Court and another decision is made. The genius or
luck of our Founders was fashioning a system that seems to bring relative peace
and order (the Civil War notwithstanding), not necessarily complete truth and
justice, to an ever increasing people of immense diversity of character,
beliefs, backgrounds, environment, aspirations, and all the other adjectives
that describe the human condition.

In theory and hopefully in practice, demonstrating on the steps of the U.S.
Supreme Court or any other court of the land does nothing to promote or diminish
the cause for the particular case before that court -- that perception goes a
long way to hold our darker side in check (in my opinion).

To our Founders credit, they fashioned the system to allow even those
demonstrators for or against to "parade" before the Supreme Court, where (again
in my opinion), of all places, they shouldn't be allowed since, in theory, our
judges should be absolutely free to decide each case on the facts and the law
only (this is my personal view and can be and is being attacked with reasonable
arguments as being too narrow in light of the ever changing and increasing human
aspirations and expectations).

In the end, if you don't like their final decision -- you get your
representatives to write a better law to your point of view that stands the test
of "constitutionality". The recent Kelso vs. RI is an example. In my opinion,
generally regarded as a "bad" decision (again my opinion), both states delegates
and federal representatives are flooding the agenda with legislation to
"overturn" the effects of that decision.

On the matter of the First Amendment, "Similarly, in the school prayer cases the
Court ruled that prayer in
public schools constituted an establishment of religion by the state, in
violation of the 1st and 14th Amendment." -- We are seeing the same "struggle"
"lawfully" going forth.

Just for discussion and not for the truth or accuracy thereof, if you fail to
insert the words "state mandated", "school organized", or "teacher endorsed", or
similar modifier in that sentence, you leave the question open to a "case
attack" should a public school teacher prevent or discipline a child from
folding hands, closing the eyes, and displaying a "perceived" look of engaging
in silent prayer before a test.

Previously I "optioned" that the Virginia vote to leave the Union was never
settled by law. I am also of the opinion that Virginia never officially enabled
a "first strike" act of violence against the Union. I don't know that either of
these statements are fact. I raise these issues, theoretically, for the purpose
of examining the 9th and 10th Amendments to ask this: of what value where they
when originally adopted? Where and how have them be "employed" previously in our
history? Are they the "nuclear option" so to speak? And as a matter of
practicality, are they of any worth to our experience and "experiment" today,
and, more importantly, tomorrow? In general, I believe I am making the case that
if you were able to bring forth our Founders to stand in evaluation of their
work -- the Federalist would say that they won and the Anti-Federalist would
admit that they lost. I ask of you is that a fair and accurate statement?

Americans don't like "ties" -- it's win or lose. The NFL "overtime" rule
supports my assertion.



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