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- January 11, 2012: If the State cheats, they should lose.
- January 11, 2012: The hiring and firing of "ministers" - Hosanna-Tabor v/ EEOC
- December 1, 2011: Tennessee Gun Laws
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- February 9, 2011: Tennessee sticks close to the insurance policy wording.
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Archive for January 11, 2012
If the State cheats, they should lose.
January 11, 2012 by Zale.
Our Founding Fathers were criminals. At least that’s the way the British Government saw them. That’s why we have certain Cardinal Rules in the world of Criminal Law.
Should criminal defendants get off due to “technicalities”? Well, it depends. If by “technicality” you mean The Constitution and the Bill of Rights, I think we would all agree that those still need to be followed, as well as the case law based on them.
Recently, the US Supreme Court said just that. The DA’s did not give the defense everything they were supposed to, so the conviction was overturned. If the DA, who already has all the resources of the state and often federal government, has to hide evidence to win, there’s significant issues with the case.
Every free American should fear “law enforcement” that believes its “above the law”. Our Founding Fathers knew that fear all too well.
Posted in Constitutional Law, Criminal Law | No Comments »
The hiring and firing of “ministers” - Hosanna-Tabor v/ EEOC
January 11, 2012 by Zale.
A teacher at a private Christian school was fired. She sued. The school and church that were involved defended the matter with the assertion that she was, in fact a “minister”. The church and school won on 1st Amendment grounds.
The court stated:
“Requiring a church to accept or retain an unwanted minister, or punishing a church for failing to do so, intrudes upon more than a mere employment decision. Such action interferes with the internal governance of the church, depriving the church of control over the selection of those who will personify its beliefs. By imposing an unwanted minister, the state infringes the Free Exercise Clause, which protects a religious group’s right to shape its own faith and mission through its appointments. According the state the power to determine which individuals will minister to the faithful also violates the Establishment Clause, which prohibits government involvement in such ecclesiastical decisions.”
It’s good to see that the Constitution and the Bill of Rights are still followed by the Supreme Court.
Posted in Freedom of Religion, Constitutional Law, Freedom of Speech | No Comments »