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Prayer In SchoolThe question of the legality of prayer in school is both strange and simple. It is strange, especially when one considers a previous essay in which this author asserts the belief that public schools themselves are a violation of the first amendment. Yet the question of the legality of prayer in public schools is a simple one to answer. Definitions:
1. Article 1 section 1 of the Constitution states: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Legislative power is the power to create law. No one, no group, no organization can create law other than Congress. The supreme court cannot do it. The President cannot do it. Only Congress can pass a law. Yet, Congress has been prohibited from passing any such law by the first amendment.
Since no law can be passed without Congressional action, and Congress cannot touch religion, it is not possible for a law to exist that prohibits prayer in school. Owing to the fact that you can not be punished for NOT VIOLATING A LAW, and there is no law prohibiting prayer in school, it would be strange indeed if we were punished for not violating a law. Congress is the most powerful branch of the Federal Government. Congress can impeach the President, and remove him from office. The Senate must approve any presidential appointment. Congress can impeach judges and remove them from office. Article III Section II Clause 2 of the Constitution states:
As you can see, Congress even has the authority to regulate the Supreme Court. The Presidency was given veto authority, not the Supreme Court. Only the President can strike a law down. The Supreme Court has usurped this authority. The Supreme Court may render a law null and void by refusing to impose the penalty, however, in the absence of statutory law, they have no power. Yes, Both simple and strange. Alas, all of this is irrelevant. There is prayer in our school. Get your Freedom Flier here! |