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

To: Dan Evans
Here's how Wikipedia explains it:

"Originally, the Bill of Rights was not intended to apply to the states; for instance, some states in the early years of the nation officially established a religion.

Idiotic misstatement of fact by 'Wikipedia'.
-- 'Some states, in the early years of the nation, had officially established religions, - religions which dated from the Colonial government era.' -- Is accurate.

This interpretation of these Amendments remained until 1868, when the Fourteenth Amendment was passed..."

Not true, again. All of the 'grandfathered in' State supported religions had withered away by the 1840's, -- whereupon Utah tried to gain statehood, with a state religion in their proposed constitution.
This unrepublican form of government was rejected for 40 years or more, till Utah agreed to conform with the US Constitution.

Now if you are allowed to establish a state religion, that would mean that the 1st amendment did not originally apply to the States.

Utah was not so 'allowed'. Case closed.

248 posted on 01/26/2005 9:05:03 PM PST by jonestown ( A fanatic is a person who can't change his mind and won't change the subject." ~ Winston Churchill)
[ Post Reply | Private Reply | To 246 | View Replies ]


To: jonestown
All of the 'grandfathered in' State supported religions

The exact mechanism for "grandfathering" was the 1st amendment, which prohibited Congress, not the States from establishing a state religion.

In fact, nearly all the states have some strongly worded statement in their Constitution respecting religion:

"The Nebraska Constitution provides that `Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the Legislature . . . to encourage schools and the means of instruction.' Nebr. Const. Art. 1, Sec. 4. "

Why was that allowed? It wasn't "grandfathered" in.

"The first Congress, comprised of the same elected officials who drafted the First Amendment, admitted Vermont as a new State, with a constitution that provided: `every sect or denomination of Christians ought to observe the Sabbath or Lord's day, and keep up some sort of religious worship, which to them shall seem most agreeable to the revealed will of God.' Vt. Const. of 1786, Ch. 1, Art. 3, reprinted in 6 Thorpe 3749, 3752"

So why did the original founders who wrote the 1st amendment admit a state that tells Christians they should keep the "Lord's day"? I say it's because they never intended that the 1st amendment should apply to states.

257 posted on 01/27/2005 8:44:45 AM PST by Dan Evans
[ Post Reply | Private Reply | To 248 | 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