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

To: truthfreedom
The establishment clause isn’t. It’s a right that was given to the states. Not to the people.

You don't know what you're talking about. States are nowhere said in the law to posses "rights". States only have "Powers", and only persons have rights.

Cordially,

49 posted on 10/20/2010 12:05:29 PM PDT by Diamond (He has erected a multitude of new offices, and sent hither swarms of officers to harass our people,)
[ Post Reply | Private Reply | To 36 | View Replies ]


To: Diamond

Good catch. I used the wrong word.

I used “right” instead of “power”

“It’s a power that was given to the states. Not a right to the people.”

Thomas explains it much better than I do.

Here’s what he says.

the Clause made clear that Congress could not interfere with state establishments

the prevailing view that the Constitution left religion to the States. ... History also supports this understanding: At the founding, at least six States had established religions.

the Establishment Clause is best understood as a federalism provision–it protects state establishments from federal interference but does not protect any individual right. These two features independently make incorporation of the Clause difficult to understand.

http://www.freerepublic.com/focus/f-news/2610810/posts


56 posted on 10/20/2010 12:53:27 PM PDT by truthfreedom
[ Post Reply | Private Reply | To 49 | View Replies ]

To: Diamond
"States only have "Powers", and only persons have rights."

Good point, Diamond.

94 posted on 10/21/2010 10:25:41 AM PDT by YHAOS (you betcha!)
[ Post Reply | Private Reply | To 49 | 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