tag:blogger.com,1999:blog-13589532.post2949833989882266565..comments2023-10-09T04:11:47.358-07:00Comments on Not A Potted Plant: In Which I Defend Myself From Accusations Of WeenienessBurt Likkohttp://www.blogger.com/profile/16060980744675990412noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-13589532.post-73772931982604091242010-03-22T21:19:24.572-07:002010-03-22T21:19:24.572-07:00Hey, that pesto sounds really good, zzi. Thanks! ...Hey, that pesto sounds really good, zzi. Thanks! I'm gonna take back some of the things I said about you.Burt Likkohttps://www.blogger.com/profile/16060980744675990412noreply@blogger.comtag:blogger.com,1999:blog-13589532.post-84524088627780488432010-03-22T12:47:57.778-07:002010-03-22T12:47:57.778-07:00found it! no cooking from America's Test Kitch...found it! no cooking from America's Test Kitchen<br /><br />Pasta with Tomato and Almond Pesto (Pesto Alla Trapanese)<br /><br />http://tinyurl.com/yg9a45u<br /><br />Saw it here but you have to register. But you should toast almonds.<br /><br />http://tinyurl.com/yklwdc8zzihttps://www.blogger.com/profile/09933063994246150989noreply@blogger.comtag:blogger.com,1999:blog-13589532.post-78543119227438619812010-03-22T10:06:34.295-07:002010-03-22T10:06:34.295-07:00"Perhaps I'm guilty of intellectual short..."Perhaps I'm guilty of intellectual shorthand . . ."<br /><br />You would never be accused of explaining yourself in a short handed fashion.<br /><br />I have the simplest pasta sauce recipe, but first I have to find it.zzihttps://www.blogger.com/profile/09933063994246150989noreply@blogger.comtag:blogger.com,1999:blog-13589532.post-32235769324780391542010-03-21T17:05:08.826-07:002010-03-21T17:05:08.826-07:00TL-
I certainly understand the argument for incor...TL-<br /><br />I certainly understand the argument for incorporation through the 14th Amendment, but it requires that one totally skip the actual text of the Establishment Clause to conclude it has been incorporated against the states ("Congress shall make no law..."). I do know it is now "settled law" that the Establishment Clause applies to states as well. My point isn't that we should overturn Everson, but to point out that traditionally "liberal" arguments about how the Establishment Clause was meant to function skip over an awful lot of history and tradition to the contrary. <br /><br />The history of incorporating the Establishment Clause against states is only about 60 years old, making it relatively new. Courts continue to struggle with how to apply the Establishment Clause (including the Supreme Court with its 3 various standards for finding Establishment Clause violations) at a federal level, let alone the state level. <br /><br />I point this out because I think your analysis skips over all history and tradition that doesn't support your conclusion and focuses only on what does. This is an extraordinarily complex topic. In the end, I think Newdow splits the difference about right- people must be permitted to "opt out" of reciting the pledge (if done correctly, it would mitigate the coercion factor Kennedy uses to find violations), but the words themselves don't need to change.The Fourth Branchhttps://www.blogger.com/profile/04384970966803143567noreply@blogger.comtag:blogger.com,1999:blog-13589532.post-36078313063761217972010-03-20T06:06:57.613-07:002010-03-20T06:06:57.613-07:00As to that point, Fourth Branch, please see Everso...As to that point, Fourth Branch, please see <i>Everson v. Board of Education</i>, 330 U.S. 1 (1947). Justice Thomas rejects the idea of incorporation of the Establishment Clause, I know, but he is wrong and he's also all by himself in that theory -- not even his Brother Justice Scalia will join him in that reasoning. The Fourteenth Amendment was intended by its Framers to limit and restrain the powers of the several States. Perhaps I'm guilty of intellectual shorthand and should say that state-level Establishments violate the Fourteenth Amendment insofar as it incorporates the First Amendment rather than just saying that they violate the First Amendment. But in resorting to that intellectual shorthand, I'm in pretty good company.Burt Likkohttps://www.blogger.com/profile/16060980744675990412noreply@blogger.comtag:blogger.com,1999:blog-13589532.post-28330047033461223732010-03-19T17:49:09.944-07:002010-03-19T17:49:09.944-07:00I enjoyed the post, but I think you are overstatin...I enjoyed the post, but I think you are overstating your case on how the First Amendment was supposed to operate.<br /><br />See my comment to your earlier post on this topic for why.The Fourth Branchhttps://www.blogger.com/profile/04384970966803143567noreply@blogger.comtag:blogger.com,1999:blog-13589532.post-37271118752262820722010-03-19T16:48:13.098-07:002010-03-19T16:48:13.098-07:00Bob -- seems to me he was being (for lack of a bet...Bob -- seems to me he was being (for lack of a better word) sincere.<br /><br />Ken -- you're correct, but writing it made me feel better.<br /><br />Dan -- no I will not, even if you <i>triple</i> dog-dare me.Burt Likkohttps://www.blogger.com/profile/16060980744675990412noreply@blogger.comtag:blogger.com,1999:blog-13589532.post-35473754300113786512010-03-19T16:13:49.074-07:002010-03-19T16:13:49.074-07:00Would you take Alan's advice if I double-dog d...Would you take Alan's advice if I double-dog dared you?Danhttps://www.blogger.com/profile/11213051268392108382noreply@blogger.comtag:blogger.com,1999:blog-13589532.post-1403844055981461882010-03-19T16:13:21.991-07:002010-03-19T16:13:21.991-07:00That was a vastly more serious and extensive respo...That was a vastly more serious and extensive response than his adolescent rant deserved.Kenhttps://www.blogger.com/profile/16459435007672107327noreply@blogger.comtag:blogger.com,1999:blog-13589532.post-41540277931468261932010-03-19T14:31:48.685-07:002010-03-19T14:31:48.685-07:00> SHOUT OUT, at the TOP OF YOUR LUNGS, “…one
&g...> SHOUT OUT, at the TOP OF YOUR LUNGS, “…one<br />> Nation, NOT UNDER ANY GOD,…”<br /><br />[rolls eyes]<br /><br />Is this person 17? Is the core problem that atheists aren't really sufficiently obnoxious?<br /><br />Frankly, there is blogworld, and there is the real world. Blogworld is where we go and state our beliefs clearly and explicitly. It's where those of us who don't really have the guts to go to political protests where there are going to be arrests do our part to...well...talk to each other.<br /><br />When it comes to the real world, I will unapologetically act in ways that show disrespect to my core values. Frankly, I go further than TL and say the under-God part too. When I am with a group of people praying to Jesus, I close my eyes and put my head down along with them. If I get racially profiled, I practice looking non-criminally and move on.<br /><br />Rosa Parks got her gold medal because she was *unusual* in going out of her way to defy an established standard of behavior. It isn't fair to blame all black people before her complicit in their own treatment.<br /><br />I actually wonder if the comment wasn't written sarcastically. If he is serious, he needs some perspective. Most of us do actually value our personal relationships and our careers over light tramplings of even our core beliefs. There's nothing wrong with that. It's just choosing what is important to you.bobvishttps://www.blogger.com/profile/11498316988120125641noreply@blogger.com