Legal Question in Constitutional Law in Mississippi
Supreme Court
Are the Supreme Court rulings in themself unconstitutional in that they are violating the courts own discription of the seperation of church and state, or is the seperation of church and state a one way street in that the court can
tell the church where it can conduct its affairs?
2 Answers from Attorneys
Re: Supreme Court
The courts do not tell the church where it can conduct its own affairs. Instead, they tell the government when it has crossed the line and started coducting the church's affairs instead of its own.
By definition, no Supreme Court decision can ever be unconstitutional. There are ways of overcoming a decision by the High Court, but they are difficult to accomplish.
Re: Supreme Court
A decision by the U.S. Supreme Court cannot, in and of itself, be unconstitutional since the U.S. Supreme Court is the ultimate authority on what the constitution does or does not say.
The "rulings" to which you refer I will assume are the recent Ten Commandments rulings. Regarding them, the Supreme Court was merely clarifying the Establishment Clause of the 1st Amendment of the U.S. Constitution. The Establishment Clause prohibits the governmental establishment of an official state religion. It does not prohibit all governmental involvement with religion. Where the line is drawn is sometimes difficult to tell, but these recent decisions better help us understand what is and is not permissible regarding public displays by the government involving religious symbols.