You've probably heard that I'm working on a follow-up to "Have To" History: Landmark Supreme Court Cases because I mention it every chance I get and won't talk about anything else so why aren't more of you buying my book do you hate truth and America? Along the way, I'm posting rough drafts and ramblings that may or may not make it into the final version (working title: "It Followed Her To School One Day...")
The following is a case that started off as a one-page insert but keeps trying to grow beyond its word count. We'll see how that goes.
Worth A Look: Elk Grove Unified School District v. Newdow (2004)
The command to guard jealously and exercise rarely our power to make constitutional pronouncements requires strictest adherence when matters of great national significance are at stake. Even in cases concededly within our jurisdiction under Article III, we abide by a series of rules under which we have avoided passing upon a large part of all the constitutional questions pressed upon us for decision... Always we must balance the heavy obligation to exercise jurisdiction... against the deeply rooted commitment not to pass on questions of constitutionality unless adjudication of the constitutional issue is necessary...
Consistent with these principles... {a} plaintiff must show that the CONTINUE READING: One Nation Mumbles God (Is the Pledge Constitutional?) | Blue Cereal Education