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To: donh
Whether you are fond of them or not, the 3 post civil war amendments push some civil rights and privs. and immunities down on the state and local governments. What of such rights should be pushed down has been a rather disjointly answered question, but one would think that the rights enumerated in the 1st amendment should be, if any should be.

Here's a fairly decent encyclopeda article on the whole issue: Incorporation of the Bill of Rights by the 14th Amendment. If you click on the article's "First Amendment" link you'll get some info applicable to this issue.

298 posted on 02/18/2005 1:55:27 PM PST by PatrickHenry (<-- Click on my name. The List-O-Links for evolution threads is at my freeper homepage.)
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To: PatrickHenry; donh

" John Bingham, the principal framer of the Amendment. Bingham stated many times that the Fourteenth Amendment would enforce the Bill of Rights against state governments."

I have no problem with the Bill of Rights applying to the States.

How do they get around the "Congress shall make no law" clause?

But even if they apply it to state legislatures it would give religion more protection not less. It should allow more teaching of religion in schools not less.

I just don't see the logic.


312 posted on 02/18/2005 4:44:25 PM PST by shubi (Peace through superior firepower.)
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