Declaration of Independence unconstitutional?

[migrendel]

Just a perfunctory glimpse at history will reveal the fact that the Declaration and the Constitution were written under two divergent legal standards. What kind of question is this?

[migrendel]

Let me remind you that it doesn't say an establishment of a religion, it says an establishment of religion. The text would seem to indicate that establishing religion in any of its manifestations is unconstitutional, but conservatives draw an inference that only sectarian religious actions, indeed only establishing a national church is unconstitutional. The Constitution has never been interpreted that way, and it would be ridiculous to start down a truly problematic road at this point.

[migrendel]

If you go back to my legal writings, you will see that all of my jurisprudential positions are based upon the text of the Constitution. None of them are based upon the penumbrae which are so in vogue. I just happen to be a textualist who reaches liberal results.