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To: ancient_geezer
Congress shall make no law, is not a maybe, it is an absolute restriction on government...

Absolute, eh? Explain that to American Indians & Rastafarians who can't use drugs as part of their worship or Mormons who can't practice bigamy in the U.S.

107 posted on 07/27/2006 9:59:42 AM PDT by gdani
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To: gdani

Absolute, eh? Explain that to American Indians & Rastafarians who can't use drugs as part of their worship or Mormons who can't practice bigamy in the U.S.

Does it come under the exercise of freedome under the 1st amendment? If yes, Congress shall make no law.

Does it come under the enumerated powers of Congress with regard to indian treaties and regulation of indian tribes, perhaps. That however may be debated if it were of the same character as the absolute authority of Congess to wield state like authorities in a federal preserve such as Washington D.C.

The laws that may be made as regards the people of the states OTOH, are those regarding the police powers of the states to preserve the health, morals, and safety of the people of the states laying in the hands of state legislatures in accord with state Constitutions and the 10th amendment.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Congess, (i.e. the federal government) has no power in the area of speech and free exercise of religion under the 1st amendment that, in fact is clear, such powers being clearly reserved to the states or to the people of the states as an exercise of right.

140 posted on 07/27/2006 10:29:07 AM PDT by ancient_geezer (Don't reform it, Replace it.)
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To: gdani
Absolute, eh? Explain that to American Indians & Rastafarians who can't use drugs as part of their worship or Mormons who can't practice bigamy in the U.S.

I fail to see what being married to two women and smoking crack have to do with religious and or political speech.
166 posted on 07/27/2006 10:50:37 AM PDT by JamesP81 ("Never let your schooling interfere with your education" --Mark Twain)
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