Explain this to me: If you believe that the First Amendment always applied to the states, then why did the ratification of the Constitution only forbid "new" state churches rather than simply abolishing the already established state churches?
Tailgunner Joe wrote:
Explain this to me: If you believe that the First Amendment always applied to the states, then why did the ratification of the Constitution only forbid "new" state churches rather than simply abolishing the already established state churches?
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Because the original States that had State supported churches would not agree to ratify a BOR's that might forbid their existing State religions.
The wording of the 1st satisfied them that Congress could not pass laws that did so.
However, Congress could, & did, -- prevent new States from entering the Union that wanted a State religion. -- Utah, for example.
Get it?