Monday, May 13, 2013

Talker Jeff Wagner's First Amendment Parsing

WTMJ-AM's afternoon talker said this afternoon - - in reference to the US Supreme Court's refusal today to hear the Elmbrook Church/public high school graduation case (the refusal upheld a ruling by the Seventh Circuit Court of Appeals that the use of the church site for the public school graduation was unconstitutional) - - that "the concept of separation of church and state" does not appear in the [US] Constitution.

As to the precise phrase, "separation of church and state?" Correct. It's not there.

But the concept not being there? 

Apparently the Justices disagree with Atty. Wagner. As have many, many before them, as the Court has historically interpreted the following First Amendment text as raising a strong barrier between church and state:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereto


jimspice said...

Using Wagner's logic, there is also no "Separation of Powers" in the Constitution.

Anonymous said...

Jeff Wagner has a face for radio. His fake centrism is nauseating as well.

Boxer said...

Judge Judy knows more about Con Law than Judge Jeffy. Whatta bozo.