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Robert Musil
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Sunday, December 22, 2002
It's That Injunction Time Of The Year
That is, it's the time of year for injunctions against public religious displays, or against laws prohibiting public religious displays. This Wall Street Jounal editorial gets the big picture right, but curiously describes Jefferson as the author of the Establishment Clause. A comment on the editorial asserts that Jefferson didn't write the Establishment Clause, if anyone did it was James Madison. But Thomas Jefferson was neither the author of the "Establishment Clause" nor a mere bystander to James Madison's authorship. Jefferson's relationship to the Establishment Clause is a little complicated, as I described in this prior post. But he certainly wouldn't have approved of all this nasty, petty enjoining and couter-enjoining - or of the generally crabbed actions that are the targets of the injunctions.
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