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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Sept. 16, 2005 / 12 Elul, 5765

Kicking the Divine further out the door

By David Limbaugh


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http://www.JewishWorldReview.com | U.S. District Judge Lawrence Karlton's decision that a California "school district's policy and practice of teacher-led recitation of the Pledge violates the Establishment Clause," provides a timely illustration of judicial activism at work.

Just to be clear, I'm not here accusing Judge Karlton himself of activism. He determined that he is required by the previous holding of the 9th Circuit Court of Appeals in the Newdow case to enjoin the district from the practice.

He ruled that while the Supreme Court reversed the 9th Circuit in Newdow, it did so on technical grounds ("standing") and its substantive holding (forbidding the teacher-led Pledge) still stands. I suspect it may later be determined that Judge Karlton is way off in his legal analysis, but if he is correct, then he was not engaging in judicial activism by following binding precedent (again, assuming it is binding) from a superior court.

This case, however, does highlight the judicial activism of the 9th Circuit Court of Appeals and the United States Supreme Court in their Establishment Clause jurisprudence.

The Supreme Court has primarily mucked up the law in this area (Establishment Clause). The 9th Circuit is even worse, but without the original activism of the Supreme Court, the 9th Circuit would have had nothing to hang its hat on in the Newdow case.

If the Court had, through the years, construed the Establishment Clause in accordance with the original understanding of the Framers, these pledge cases — and similar cases — would never have gotten off the ground.

The Establishment Clause was designed to prohibit the Establishment of a national religion or a national church. It was not intended to erect a "wall of separation" between church and state, nor prohibit all endorsements of religion by the federal government. And it was emphatically not intended to force government to be neutral between theism and atheism.

One may believe, as a policy matter, that a government-supported school should not favor one religion over another or one Christian denomination over others. But policy preferences are a separate issue from what the Constitution requires or forbids.

Like it or not, the Constitution, rightly interpreted, allows the federal government (and the states) to "encourage" the Christian religion. As Supreme Court Justice Joseph Story (1779-1845) wrote, "Probably, at the time of the adoption of the Constitution the general, if not the universal, sentiment in America was, that Christianity ought to receive encouragement from the State, so far as such encouragement was not incompatible with the private rights of conscience, and the freedom of religious worship."

From the beginning of our constitutional history, the government has honored the G-d of the Bible, from congressional chaplains, to national days of prayer, to opening prayers in the Supreme Court, to Congress's authorization in 1800 — when the seat of government moved to Washington, D.C. — for the Capitol building also to serve as a church building.

The Establishment Clause, like the Free Exercise Clause, was supposed to guarantee, not restrict religious freedom. But the Supreme Court, in its activist distortions, has largely turned the clause into a weapon against religion liberties, and lower courts have followed suit, and worse.

In the Pledge cases, the argument is that when a public school teacher leads the students in reciting the Pledge, which includes the words "under G-d," the government is endorsing (establishing) religion. And, to the objection that students may choose not to participate, the anti-pledgers say, "Students are virtually coerced by peer pressure to participate. They will feel offended or uncomfortable if they don't."

The Supreme Court, if it hears this case, may hold that the thrust of the Pledge is patriotic and secular, and that "under G-d," is therefore incidental and not the establishment of religion. But the Court should never have to base its decision on such nuance in this area.

The Establishment Clause was never intended to apply to such removed, indirect nods toward religion. And it does not guarantee our right not to be offended or made to feel uncomfortable.

But more importantly, it was not intended to be used as a sword against the free exercise of religion. By going out of its way to find Establishment Clause violations on such tenuous grounds, the Court deprives students who want to recite the Pledge of their free exercise rights. In this way, the religion clauses are turned on their heads to achieve a result entirely opposite from that intended by the Framers.

If the Pledge's opponents ultimately prevail, the government will not be adopting a neutral stance toward religion, but one that prefers atheism — kicking G-d further out the door.

Beware of those who speciously champion the mythical separation of church and state in the name of religious liberty. All too often the result of their advocacy is the suppression, not the expansion of religious liberties.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

David Limbaugh, a columnist and attorney practicing in Cape Girardeau, Mo., is the author of, most recently, "Persecution: How Liberals Are Waging War Against Christianity". (Click HERE to purchase. Sales help fund JWR.) Comment by clicking here.

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