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To: epow

Ah, but your previous post implied that it is only Congress has the obligation to honor free speech. The people or states are not expressly bound by this requirement, and therefore freely able to shut him up.


251 posted on 06/02/2005 2:30:17 PM PDT by cubram
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To: cubram
The 14th Amendment extended protection for the enumerated rights of the people to include protection for those same rights against unjust state and local laws, not just from federal laws as was the case before. It did not strip power from state and local governments to enact laws which do not infringe upon the enumerated Constitutional rights of the people. For example, many of the unjust laws enacted by various states and localities to keep former slaves "in their place" after emancipation did not violate the Bill of Rights amendments before the 14th was ratified, but did after ratification. Which of course was the reason that amendment was added.

To hopefully clarify my reasoning and sum up my opinion, since no Constitutional right would be violated by a STATE government, NOT Congress, granting some type of official recognition to a religious organization, the 14th Amendment would not come into play and that recognition would not violate the 1st Amendment prohibition on Congress granting such recognition. I realize that my explanation of my opinion is not very clear and that it's phrasing is clumsy, but it's the best I can do when my wife is impatiently calling me to dinner.

I'm quite sure that no court today would agree with my opinion on the matter, but I still think I'm right until someone points out to me where I'm misreading the authors' words. As Rocky Balboa said, I'm always ready to learn what I'm doing wrong. Gotta run.

252 posted on 06/02/2005 4:27:01 PM PDT by epow ("Nothing doth more hurt in a state than that cunning men pass for wise." Sir Francis Bacon)
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