Smash wrote:
Stuff
You continue to misunderstand me. I'm not under some illusion that I'm manipulating you into responding. The first time you replied to one of my posts (you said the Capitol Steps were hacks) I was pleased that you bothered to read a stupid "I'm bored" post.
In this thread, it's just cool to me to be going back and forth with you.
As for your criticisms ... The cases I cited do stand for the proposition that states can't deny parents their choice of schools (of course with exceptions, like every other right).
Here's the conversation I saw:
Post I was responding to:
Quote:
Why is it a parent's right to send their child to a school that conforms to their own views?
Rather, I should ask, why is it their right to deny their children exposure to other paradigms by choosing such an environment?
Rather, I should ask, why is it their right to deny their children exposure to other paradigms by choosing such an environment?
My response:
Quote:
1. It's called the First Amendment -- freedom of association, freedom of expression, freedom of religion.
2. The Supreme Court of the United States says so: Zelman v. Simmons-Harris (536 U.S. 639), Mueller v. Allen (463 U.S. 388), Wisconsin v. Yoder (406 U.S. 205) and two Dec 06 cases, Parents Involved In Community Schools v. Seattle School District No. 1, 05-908, and Meredith v. Jefferson County Board of Education, 05-915.
2. The Supreme Court of the United States says so: Zelman v. Simmons-Harris (536 U.S. 639), Mueller v. Allen (463 U.S. 388), Wisconsin v. Yoder (406 U.S. 205) and two Dec 06 cases, Parents Involved In Community Schools v. Seattle School District No. 1, 05-908, and Meredith v. Jefferson County Board of Education, 05-915.
Your comment:
Quote:
None of these are on point. Wrong forum to pull this **** in. There is no 1st Amendment protection involving your right to send your kid to whatever school you choose, nor to home school him. Think for two seconds before you post something this stupid again.
I still don't know what **** you thought I was pulling. Expressing an opinion that the 1st Amendment protects this right is pulling ****? Anyway ...
My response:
Quote:
Long crap
So the long crap basically said that the cases were actually 14th Amendment cases (wasn't that clear?) but there there was supporting dicta for a 1st Amendment rationale in Troxel v. Granville (530 U.S. 57). Now it's obvious to me that dicta isn't settled law. I assumed it was to you, too. At that point I made an ARGUMENT that the 1st Amendment does reach this issue because the legal system's treatment of the parent-child RELATIONSHIP and the rights inherent in that relationship have to do with freedom of association.
Then you came back with ************* wrong", which, by the way is called a general denial, not an argument. You paraphrased my long discussion of the 1st Amendment argument not being settled law (duh, I already said so when I said it was based on dicta).
Interesting that you've never accepted that the cases I identified are on point. They do protect a parent's right to choose a school. Wisconsin v. Yoder for example specifically said that Wisconsin could not require the Amish to keep their children in schools 2 years more than their customs called for because the state hadn't proven the kind of state interest that would outweigh the parent's rights. In fact, the Amish could not be prevented from home schooling their children during these years instead of attending schools. So when you called the right "imaginary" you were ******* wrong.
As for your comment:
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Anything? No? LAW??? Yes. That's the entire point of codifying things as laws.
Again you demonstrate your lack of understanding, and I will be interested to see if you admit you were wrong. Supreme Court opinions are not codified law. They are case law. Case law is not the same as a code. Codes are passed by Legislatures and signed by the Executive (or passed overriding the veto of the Executive). Codification can also mean inclusion of the legal principles in a "Restatement." Case law is found in the decisions of courts. Not all case law is included in restatements. All law is not codified. You were ******* wrong.
And the ARGUMENT I made is exactly how case law is formed ... Dicta in a dissent in one case becomes a majority opinion in a later case. I was quite clear that I was talking about dicta, which automatically made it ARGUMENT rather than an assertion of fact relying on binding precedent.
And then I saw this brilliant claim from you:
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If the parents engage in an activity the state arbitrarily decides is harmful, they can remove the child from the parent's care.
Which of course, is wrong. The state cannot act in an arbitrary manner when it deprives people of their rights. The core of due process is that it cannot be arbitrary. So again you were ******* wrong.
Can you admit it? Or are you also one of those
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people who are such insecure cowards that they don't have the ability to admit making a mistake. In point of fact, it's largely the dividing line I draw between people whose opinions I might be interested in and worthless pieces of **** I'd laugh about being raped to death by elephants.