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To: Danae

“Our Constitution forbids the establishment of religion, while respecting the rights of all persons to worship God or nature as they like.”

This is a misleading statement. The Constitution prevents “Congress” from making any law regarding establishment of religion. In other words, the FEDS are out of the establishment or dis-establishment business.

Establishment or dis-establishment of religion is exclusively a matter for the states. In fact, some states had established religions at and after the passage of the bill of rights. Of course, our “living constitution” federal judges have turned the establishment clause completely on its head by interfering with states decisions about religion.


6 posted on 01/24/2012 6:17:20 PM PST by ModelBreaker
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To: ModelBreaker
The Constitution prevents “Congress” from making any law regarding establishment of religion. In other words, the FEDS are out of the establishment or dis-establishment business. Establishment or dis-establishment of religion is exclusively a matter for the states.

Woah, there - not quite.

The Constitution MAKES States ON CONDITION that the people in those States are accorded the freedoms, specified or not, acknowledged by the Constitution.

Which means the "freedom of religion" acknowledged as pre-existing by the 1st Amendment is not a creation of the Federal government, but something the Constitution acknowledges as God-given to human beings - "the people." And as the States cannot abridge those God-given freedoms, they cannot violate those 1st amendment rights.

In fact, the original purpose of the federal government was to stop the States if they tried to abridge the Constitutional freedoms of the people.

Instead, of course, the Feds have declared themselves the sole governmental power and refuse to acknowledge any limitations by the States, a claim they had to contrive through presumption of 14th Amendment federal citizenship upon the entirety of the populations of the 50 States - something not intentend not forseen by the Founders (except maybe Hamilton).

7 posted on 01/24/2012 6:31:48 PM PST by Talisker (Apology accepted, Captain Needa.)
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To: ModelBreaker

Hum... that’s an interesting perspective. I would imagine that any state making declarations regarding religion would move up the appeal ladder to the federal level.

Do you have more information on this? It is an interesting avenue. I am not sure I agree, but having not thought about it in that way I don’t have any relevant research on it.

Thanks!

~D


20 posted on 01/24/2012 8:59:20 PM PST by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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