Comment

Huckabee Forgets the First Amendment of the US Constitution

153
Trogluddite2/10/2009 6:41:55 pm PST

This is why people who are not constitutional law lawyers should not proclaim on constitutional law issues - note to self: is the owner of this website a constitutional law attorney? Broadly stating that the 1st Amendment prohibits schools from using Federal funds to repair a building that happens to be used for religious purposes is a gross misstatement of the law.

I attended Penn State back in the Stone Age. There was one building near North Halls where you could attend a lecture in the morning, Saturday evening Mass around 6:00, and the Rocky Horror picture show (which is as close to porn as you could get in those days) at 9:00. Can no Federal funds be used for repairs to that school? What happens when I get a Federal loan?

Also, what the heck is “sectarian instruction?” Does this mean that you can’t teach Balkan politics in a university building?

The language cited above is far broader than anything required by the 1st Amendment - it may be permitted and it is a legislative decision that the courts would have to give deference to, but it is not required by the 1st amendment. Regrettably, I am unlikely to be able to throw anything together on this, but if I have a little time over the weekend, I’ll try to get to it.