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

To: Ophiucus
Not so, no state may pass legislation that voids or goes against a portion of the US Constitution - sounds like the equal protection clause.

That has no bearing on your original post which read,"If a legislature passes a law banning the teaching of evolution OR requiring the teaching of a religious precept like creation of ID, it is violating the First Amendment by both requiring the teaching of one sect's religious views and by favoring one Christian sect over others." Your original post is false. State legislatures would not violate the 1st Amendment if they passed either of those because the 1st Amendment prohibits only the federal congress.

555 posted on 02/19/2004 11:34:16 AM PST by PhilipFreneau
[ Post Reply | Private Reply | To 546 | View Replies ]


To: PhilipFreneau
State legislatures would not violate the 1st Amendment if they passed either of those because the 1st Amendment prohibits only the federal congress.

Constraints of the U.S. Constitution apply to all states. In regards to the First Amendment, Murdock v. Pennsylvania , 319 U.S. 105 [1943] "The First Amendment, which the Fourteenth makes applicable to the states, declares that 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press." Part of the case law behind the case was the attempts by states to tax religious organizations and the subsequent violations of the First Amendment by the States. Supportive cases: Gitlow v. New York, 1925, 268 U.S. 652, 666 , 45 S.Ct. 625, 630; Near v. Minnesota, 283 U.S. 697, 707 , 51 S.Ct. 625, 628; Cantwell v. Connecticut, 310 U.S. 296, 307 , 60 S.Ct. 900, 905, 128 A.L.R. 1352.

This issue also came up in the 2000 fiasco. The U.S. Constitution holds a supreme legal position over a state constitution and any state legislation must conform the the U.S. Constitution.

The supremacy clause also may come into play:

Article. VI.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

If a state constitution or law conflicts with federal law or the Constitution, the Federal must be upheld. A state can not pass laws contrary to the U.S. Constitution.

568 posted on 02/19/2004 7:47:37 PM PST by Ophiucus
[ Post Reply | Private Reply | To 555 | 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