Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: TigersEye

I thought the meaning of the exclusion clause was that the government could NOT establish a common religion (congress/legislature etc)?


7 posted on 09/02/2015 9:24:58 PM PDT by This_far
[ Post Reply | Private Reply | To 6 | View Replies ]


To: This_far

It is. But the 1st Amendment tacitly acknowledges Congress’ sole authority to establish anything that might be established by explicitly naming things it may not establish.

IOWs what other authority does the government have to establish anything than through a legislative act of Congress? The other two branches, nor any subordinate agency, could establish a state religion, even if it were not prohibited, because they don’t have the Constitutional authority to do so.

Putting up a statue or monument doesn’t constitute such an act in any case. Even if Congress enacted a bill to put a statue of Jesus in the Capitol Rotunda that would not be establishing a state religion. It would be establishing a Congressional decoration of the Capitol.


8 posted on 09/02/2015 9:46:13 PM PDT by TigersEye (This is the age of the death of reason and rule of law. Prepare!)
[ Post Reply | Private Reply | To 7 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson