Re: seperation of church & state?

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On 7/09/04, anonymous wrote:
> I see; so it's the "interpretation" by the Supreme court.
>
> I have never been comfortable with the Court 'interpreting' the
> meaning they want from the Constitution. IMO, only a stringent
> literal reading of theConstitution is valid.
>
> On 7/08/04, US Supreme Court case law wrote:
>> The phrase "separation of church and state" is from a US
>> Supreme Court decision interpreting the 1st Amendment.

Impossible. If you use a literalist interpretation, then the 1st
amend means nothing. "Congress shall make no law" doesn't
prevent the making of laws, it arguably only redefines any law
made to be not one respecting speech or religion. TECHNICALLY,
the Marbury v. Madison decision permitting SCt review of
legislative action wasn't a literalist interpretation, and it's
the sole source of most constitutional law thereafter.