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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Wednesday, February 25, 2004

The goal of classical self-education is this: not merely to 'stuff' facts into your head, but to understand them. Incorporate them into your mental framework. Reflect on their meaning for the internal life. The 'external things' -- be they Platonic philosophy, the actions of an Austen heroine, or a political biography -- make us more conscious of our own 'reality and shape.' This not mere accumulation, is the goal of self-education.

-- The Well-Educated Mind: A Guide to the Classical Educations You Never Had by Susan Wise Bauer

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Gay Marriage ... Tip of the Iceberg: The broader issue involved in this conflict, namely the institution of marriage and how we should deal with cultural change, are not "minor" or "side issues.? They are as important to the average voter than the vagaries of economic policy, which they mostly don't understand anyway (I'll admit it ... I myself am iffy more often than I'd like to be). And, given the importance of the issue to those involved as well as the fact that it never truly goes away, it is a fool's errand to hope that it will be ignored because it is a "side issue" or something. [more]

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Locke v. Davey: Justice Scalia argues that the state of Washington's interest in not funding (thus making an exception to a general scholarship benefit) those studying for the ministry is "a pure philosophical preference ... that it would violate taxpayers' freedom of conscience not to discriminate against candidates for the ministry." Well, the First Amendment can be so defined ... the separation of church and state is at its heart a "philosophical preference," a preference based on the Framers' wisdom as to the proper role of government. Yet again, it amazes me how those who claim (quite honestly, I'd readily admit) to care deeply about religion are so cavalier or at best selective in honoring it. Should not a state be honored for trying to protect religious freedom more (as so defined by current law) than the federal Constitution demands? One thinks so. [Washington State supplies a broader protection to free exercise as well, so it's consistent in its religious freedom sentiment.]

Luckily, only Justice Thomas agreed with him in this case. In fact, the opinion upholding the state practice was written by Chief Justice Rehnquist. The ruling is well written, tossing in some good separationist wording to show the reasonable nature of the state practice, which is always nice. It also follows current practice in that it is fairly narrow, since it highlights that funding the ministry (including indirectly by education) has historically been particularly troubling. Thus, a law less narrow than this one that barred funding of students in religious schools in general might still be problematic. The ruling, however, didn't get into the vagaries of just what amount of education for the ministry was necessary (Davey in fact did not become a minister), an "out" some felt it might take.

Good ruling ... as I said here, it is good to allow states to have discretion. [Legal Fiction notes the limit to this "states rights" sentiment, but I think he goes too far ... localism is a principle some consistently believe in, even if there are obviously disputed limits.]