How High A Wall? Originalism and the Separation of Church and State.
October 1, 2006Kevin J. Hasson, James Nickels
MR. HASSON: Thank you for having me. I’m going to tell you some stories and ask you some questions. The first story is my favorite. In 1989, there was a Japanese Tea Garden in Golden Gate Park in San Francisco like Japanese tea gardens everywhere in the world—landscaping, monuments, and feng shui. It was neat, orderly, manicured, and well-laid-out. Except for one thing. There was an abandoned parking barrier at the back of the Tea Garden. It was nothing other than a bullet-shaped lump of granite that some crane operator late on a Friday didn’t want to haul back to the garbage heap, but it messed up the feng shui. For four years this parking barrier stood there, and park-goers sent increasingly irate letters to the powers-that-be, saying, The parking barrier in the Tea Garden is ugly; would you kindly remove it? Bureaucrats being bureaucrats, nothing happened until oneday in 1993.