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"Indeed, the rage of theorists to make constitutions a vehicle for the conveyance of their own crude, and visionary aphorisms of government, requires to be guarded against with the most unceasing vigilance."
     -- Joseph Story
     Commentaries on the Constitution of the United States
     Book III, § 1857.

Friday, June 06, 2003

Now this is dumb. At least, Audi is dumb; I'm not sure quite where Oman is coming from. Audi's entire performance depends upon burying a single devastating detail: where the burden of proof actually lies. Public policy is presumptively valid; it may be made upon any grounds or no grounds, religious or not, and it does not have to justify itself, whether to radical secularists or anyone else. Those who object to this or that policy on establishment grounds must prove their case, not the other way around. So much for Audi.

-- posted by Clayton 6/06/2003 01:19:00 AM

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