Tampa Bay Times from St. Petersburg, Florida • 56

4d ST. PETERSBURG TIMES SUNDAY. JANUARY 11, 1987 BE THE JUDGE purpose, the appeals court concluded, was impermissible NEWS QUIZ Creation and evolution in schools under the Establishment Clause. The arguments For Edwin W. Edwards: ERIC The balanced treatment act is constitutional under INKER the Establishment Clause.

It has a valid secular legislative purpose of advancing academic freedom. It has a primary secular effect of providing more scientific information. There is no excessive entanglement between state and 2 religion occasioned by providing more scientific informa tion. For Don Aguillard: The balanced treatment act is unconstitutional be cause it violates the Establishment Clause. The purpose and effect of the act are to endorse a religious belief, creationism, which does not fit any reasonable definition of science.

The act excessively entangles the state and religion. 1 Your ruling I would rule: For Edwin W. Edwards (Louisiana). For Don Aguillard. Edwards vs.

Aguillard Condaniedjrenrayltw jwjWithedbtti American Bar Atiociatlon fJ! -i' Following is a summary of a case to be decided this by the U.S. Supreme Court. Readers are invited to s.make their own decision; a tally will be published in a forthcoming issue of Perspective. The issue Al-lS Louisiana's law requiring "balanced treatment" of "creation-science" and "evolution-science" in the public "schools constitutional? The background P. The Balanced Treatment for Creation-Science and -Evolution-Science Act provides that the Louisiana public ischools "shall give balanced treatment to creation-science evolution-science." "Balanced treatment" may be attained in either of two ways: fi The schools may omit instruction on human origins.

If instruction on human origins is offered, the school must provide "whatever information and instruction in both creation and evolution models the classroom teacher determines is necessary and appropriate to provide insight into both theories." The act further provides that balanced treatment "shall be given in classroom lectures taken as a whole for each course, in textbook materials taken as a whole for each course, in library materials taken as a whole for the and taken as a whole for the humanities, and in other educational programs in public schools." The act says that "when creation or evolution is taught, each shall be taught as a theory, rather than as proven scientific fact." Finally, the act protects students from discrimination or discipline based on their acceptance or rejection of jjsither "model" and protects any teacher or professor who chooses to be a "creation-scientist" from discrimination any way by any school board, college board, or No such protection is provided to those Name who choose to be "evolution-scientists." The act does not define "creation-science," except to provide that "creation-science means the scientific evidences for creation and inferences from those scientific evidences." "Evolution-science" is similarly defined as "the scientific evidences for evolution and inferences from those scientific evidences." The act contains no explicit references to God or the creator and no references to the Bible or any other specific account of creation. It nowhere mentions Christianity, Judeo-Christian doctrine, theism, any other religion or religion generally. A suit challenging the law was filed in federal court by a group of teachers, parents and members of the clergy, along with unions and professional associations, the first name on the list being Don Aguillard. The defendants were Gov. Edwin W.

Edwards and other state officials. The suit charged that the act violated the Establishment Clause of the First Amendment, which prohibits Congress and, by extension, state legislatures from making laws "respecting an establishment of religion." The district court struck down the law. It held that "creationism" represented the undeniably religious view that mankind and the universe were brought into existence in accordance with the plan of a divine creator. The term, the court held, was capable of no reasonable secular construction, and the act was in furtherance of no reasonable secular purposes. This decision was upheld in 1985 by the U.S.

5th Circuit Court of Appeals, which held that the balanced treatment act's "intended effect is to discredit evolution by counterbalancing its teaching at every turn with the teaching of creationism, a religious belief." This religious Test your news knowledge A lot of our readers follow the news closely. Their vigilance is an incentive for us to stay on our toes. In appreciation, we've concocted this quiz to give all our readers a reason to peruse our pages more closely. The questions are based on information in the St. Petersburg Times over the past week.

Rep. Fred Grandy, R-Iowa, is a newcomer in Washington this year. What does Grandy have in common with President Reagan? (The fact that they're both Republicans is not the answer.) 2. Two of Florida's Supreme Court justices are retiring this year. The state Constitution requires it because of their ages.

One of them, however, doesn't like the idea and is suing in federal court, saying the state is guilty of age discrimination. What is his name? 3. Identify Anne Brusselmans. 4. The 100th Congress is in session and for the first time during the Reagan administration there is a Democratic majority in the Senate.

How big a majority do the Democrats hold? 5. San Francisco is having traffic problems on Lombard Street and may block it off to keep the tourists away. What is Lombard Street's attraction? 6. A story called A Study in Scarlet was published 100 years ago in Britain. What fictional character was introduced in that story? 7.

Identify Lawrence E. Walsh. 8. A magazine poll says Princess Di is the most popular Briton in most places around the world. In the Unit Address Send to You Be the Judge, Perspective, St.

I Petersburg Times, P.O. Box 419, St. Petersburg, I Fla. 33731-0419. Readers' ruling In Is TB a handicap? (School Board of Nassau County, Fla.

vs. Gene H. Arhne, Perspective, Dec. 28), ruled in favor of excluding people with communicable diseases, such as tuberculosis and AIDS, from federally financed programs and activities because of the perceived infectiousness of their diseases. The tally was 9 for the school Board of Nassau County and 7 for Gene H.

Arhne. Constitution Landrey from 1-D from 1-D respect for individual rights and public opinion be observed in a lawless world whprp wp arc in snmpHmpa mortal competition with amoral, if not immoral, powers ii i i inai coveray ana overtiy tnreaten tne very security ot the United States? The experiences of our lifetime raise all these ques tions, in tnis anniversary year, tney are again current. A nonDartisan Committee nn thp rnnstitntinnal politicians, lawyers, scholars, labor officials and business ed States, however, she comes in No. leaaers wui proDaDiy aaaress tnem in a report next month. The rn-rhairmpn arp I.lnvH PittW fnrmr mmeol 2.

Who came in first on the U.S. list? 9. Soviet Foreign Minister Ed- to President Carter; Douglas Dillon, a former treasury uard Shevardnadze met last week with a national leader named Naiibul- lah. What nation is he from? 10. Schools in Dade Countv are planning special after-hours classes in which students will be taught in their native Creole language.

What country are these students from? bled and divided as a result. On one side are those who see executive secrecy as necessary to insure the survival of the republic at a time when it is besieged by powerful enemies and locked in a worldwide ideological struggle. In this view the situation demands a strong leader who can wield unrestrained power, and measures to insulate the presidency even further from Congress and the people should be considered. These include the item veto, which would allow the president to approve some parts of a bill and disapprove others, thus diminishing the congressional control of the nation's purse, and the single six-year White House term, which would enable the president to concentrate on governing and pay less attention to politics. On the other side are those who see the Constitution in tatters, who feel the principle of separation of powers demands reaffirmation and who favor steps by Congress to reign in the rampaging presidency.

Among these is historian Schlesinger, who wrote in The Imperial Presidency about a presidential scandal that was still developing: "Neither impeachment nor repentance would make much difference if the people themselves had come to an unconscious acceptance of the imperial presidency. The Constitution could not hold the nation to ideals it was determined to betray." He was writing about the Watergate era, but his remarks still seem fresh. His point was that a constitutional presidency, working in cooperation with Congress as envisioned by the founding fathers, not only can work successfully but also can be stronger than an imperial presidency. A president who works in the shadows undermines the American system and invites his own failure. But can a president of one party really be expected to work efficiently with a Congress of another? Can a system conceived in a time when the swiftest mode of communication was a letter cope with the intricate modern world of electronics? Can the nation afford to have its strategies and policies arrived at in a manner that makes secrecy difficult if not impossible? These are the kinds of questions that will be raised and discussed in numerous forums throughout the 200th anniversary celebration.

Will the wisdom of the Constitution continue to dominate American political thinking, or will the document someday become just a dusty piece of history reverently stored? Perhaps the debates of the coming months will begin to tell. power will come in its turn, but at a more distant period." The real flowering of executive power came after vWorld War II, and it was nourished by a factor that the founding fathers could not have foreseen: atomic energy. In a nuclear attack, there is hardly going to be time for -congressional debate. The necessity for quick decisions means the president will make them on his own. Out of this awesome presidential power evolved a perceived need for rigid secrecy.

It began with the of weapons technology and spread out to blanket all policy deliberations that the executive branch Classified as national security matters. The presidential "obsession with secrecy became so pervasive that it led to a series of constitutional confrontations with Congress that 'began in the 1960s and continues today, Ostensibly, the purpose of the wall of secrecy was to thwart foreign governments and domestic subversives, but many Americans were disturbed to learn, in time, that Congress and the voters were also targets. The policy that led to U.S. involvement in the Vietnam quagmire was conceived and nurtured in secrecy. Tts development was traced in a collection of memos, reports and other documents known as the Pentagon Papers, which were leaked to the media in 1970 by Daniel Ellsberg.

President Nixon reacted with rage to this Violation of executive secrecy, although the papers were of less concern to foreign interests than they were to the American people, who had been deceived. Nixon tried to block publication of the papers in court, and when that failed, he went to great lengths to try to punish Ellsberg. Nixon's "plumbers" resorted to burglary and other crimes in the effort to convict Ellsberg. Some of the other excesses of the Watergate era resulted from Nixon's secret air war against Cambodia in 1969-70, which was conducted in defiance of Congress. Today's Iran-Contra affair involves activities that could only have been carried out in secrecy, since Congress and the public would have been outraged.

Former 'Rational security adviser Robert C. McFarlane now concedes that the shipment of arms to Iran in the hope of winning the release of hostages was a mistake. 1 Americans are confronted with the spectacle of their 'government using the mantle of national security to hide actions many of them wouldn't condone. They are trou ANSWERS VMi'Ol UEjsiueuSjv "6 JIEIIB EJUOf)-UEJT aqj oju; Suiijooi rasunoa juapuad -apui aqj si usBM 3DU3JMBT 'i secretary ana unaer secretary ot state, and Nancy Landon Kassebaum, the Republican senator from Kansas. The committee will hold a national town meeting on its recommendations in Philadelphia on Sept.

17, the anniversary of the day when the framers signed the Constitution. The Constitutional Convention met there on May 25, 1787, to reform the Articles of Confederation, which had proved too loose and inadequate to govern even the first 13 states. The framers were deeply divided, and they would be amazed at how their document, loaded with compromises, has developed since, not only in the increased power of the presidency and federal government versus the states but also in the power of the judiciary. No one suggests that a major overhaul is needed this time, but we'll be hearing a lot about modifications. Here a word of caution.

Looking at all the arguments recently, an essayist in the New Yorker pointed out something else. If there are occasions when individual liberties have to give way to the demands of national security, he wrote, McCarthy's witch hunt for communists was not one of them. He didn't find any. The Vietnam war taught us, or should have, that Presidents are not always wiser than Congress; those who argue otherwise will have to find another example. Nor do the Reagan administration's attempts to ransom hostages with arms to Iran and finance the Contras with the profits provide any argument for circumventing Congress.

The New Yorker essayist concludes, and I agree, that "every time the constitutional system has been challenged in the name of national security, the policy has failed even in its own terms." The conclusion is that the Constitution, at age 200, ain't as broke, isn't as outdated, as some of the advocates of revision would have us believe. In tinkering with it, we'd better be careful. "saunoH Jpopaqg 'Q pJOM a pajjs jsapajjoop air sb panjq si laajjs pJEqiuoq -g "Sfr-SS suBDjjqnday aqj jaquinuno sjEJDouiag aqx 'f jnjssaaans uaaq jou seij jej os nq sajBjg pajiufi airj ui ajtj aaq no 3Ai oj uoissiiujad Suijjaas uaaq seu, aqg 'II JBA PlJ0M suunp siaipios paiiiv SuipiB joi uiopaajj jo jBpaj -g-fj aqj uaAiH sbav oum ueiuoav uJoq-UB3 -ag si suBuipssnjg suuy 'U'sunjpv -3S3lUBf fvog aao-j a uo jaud -0 P3IIB3 aapBJBip psAerd Xpusjf) UBiopijod paujnj-iopB ub si 'ue2b3h PIBuoh 'vCpuBjg pajj -t. CROSSWORD Concise Critiques By JIM PAGE Puzzles edited by EUGENE T. MALESKA Secret Diaries" 15 Gat 16 Ventilating shaft in a mine 17 Long-legged birds 20 Foxboro pros, for short 23 Hagen from Gottingen 28 Hindu's stringed instrument 29 Kind of column 31 Sp.

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