U.S. Constitution limits states' rights and powers
Following is the fifth in a series of columns by members of the Alabama Citizens for Constitutional Reform.
By W.S. Dixon
Several articles in the Constitution of the United States (especially Article IV) as well as several of the amendments to the Constitution (especially the 14th Amendment) apply to the state governments.
In fact the following provision of the 14th Amendment reaches back and makes the 1st Amendment apply to the states:
"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction of the equal protection of the laws."
This then makes the five freedoms guaranteed in the 1st Amendment --- religion, speech, press, assembly, and petition --- apply in the states.
If the Supreme Court of the United States had not made this interpretation of the above clauses in the 14th Amendment, the states would have been free to restrict religious freedom and even establish a particular religion as the official state religion, to prohibit any desired variety of speech, to limit or prohibit the printing or disseminating of any information the state decided was not allowed, to prohibit or restrict meetings of any kind as the legislature desired, and to prohibit or restrict access to state public officials.
Other restrictions on the states are specifically stated in the U.S. Constitution in Article I Section 10.
In addition, because of the powers assigned to the Congress, the states cannot regulate commerce with foreign countries nor with other states, nor can they naturalize citizens, fix standards of weights and measures, declare war, nor raise or support an army or navy.
Although we refer to the states within the United States by that designation, they do not meet the criterion of sovereign states because they do not have the power to provide protection from outside interference as indicated by the restrictions listed above.
State constitutions are limited, in part as a result of these restrictions. States do, however, have the ability to regulate all other levels of government situated within their territory ----
U.S. Constitution limits states' rights and powers
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http://www.decaturdaily.com/decaturdaily/opinion/other/050410.shtml
Another opinion you might find interesting.
"In fact the following provision of the 14th Amendment reaches back and makes the 1st Amendment apply to the states:
"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction of the equal protection of the laws."
This then makes the five freedoms guaranteed in the 1st Amendment --- religion, speech, press, assembly, and petition --- apply in the states."
As I point out in the post, the Establishment Clause CANNOT be regulated by the Federal Government, as the Establishment Clause forbids the Federal Government from doing so. If you apply the XIV Amendment to the I Amendment, then the I Amendment is overturned. If the I Amendment is overturned, then what law is there to impose on the states? It's a paradox. Remember "Congress shall make no law RESPECTING..." that means the Federal Courts can take no case respecting an establishment of religion, unless it's Congress making a law.
The XIV Amendment on the Establishment Clause has been used by Secularists to tyrannize people into removing Ten Commandments monuments ad school prayer. It has been used to tyrannize, not liberate.