Posted on 04/04/2013 12:32:35 PM PDT by SatinDoll
It was actually a tactical move to prove a point on a local level...never a serious proposition.
Well, if the U.S.Constitution is written in such a way that states can have official state religions, how long do you think it will be before there is an amendment ginned up by Congress to seal that off.
Having a bruising fight in Congress is much preferable to having an openly fought civil war, IMHO.
“The US Constitution says that CONGRESS cannot establish a state religion. It is silent on the individual states’ choice in that regard. Well, other than the “all other rights are reserved to the states or the people”...”
Yes....but is this a right that you’d want your state exercising?
Yes! Thank you for reminding me.
People have rights while government, state or federal, have powers.
Uhhhhhhh, we're at 230 years and counting. Congress hasn't tried to amend the First Amendment yet, but they've had a long time to consider doing so. So far: no interest.
The document says nothing about establishing a state religion.
“It was actually a tactical move to prove a point on a local level...”
How so?
I meant the Bill says nothing about establishing a state religion.
Exactly, and those powers should be constrained as much as possible.
Thinking through the ‘how’ behind the establishment of a State religion, especially in historical contexts, flies in the face of individual rights. Having a State religion, in the past, meant that citizens of said State (nation state, empire, whatever) don’t have the right of conscious in choosing their own religion but must express fealty to the religion of the State.
Everybody can clap all they want if it is a religion they like, but as soon as you open that door, you now have given the State powers to establish an official religion that opposes your views. (and you can’t say ‘just move’ either because as soon as you give the States powers to tell you want to believe, you are giving them enough power they can tell you where to go, what you can or can’t say, where you work, etc so state-to-state mobility could be out of the question.)
As much as I enjoy baiting liberals, does anyone REALLY think this is a good idea?
It has.
In 1833, the U.S. Supreme Court held that the entire Bill of Rights applied only to the federal government, not to the states. Barron v. Baltimore, 32 U.S. 243 (1833). But after the 14th Amendment was ratified, a series of Supreme Court decisions held that most (but not quite all) of the Bill of Rights now also applied to the states.
The Establishment Clause was held applicable to the States in Everson v. Board of Education, 330 U.S. 1 (1947). The Second Amendment's right to keep and bear arms was held applicable to the states in McDonald v. Chicago, 561 U.S. 3025 (2010).
“How about Utah, do they have the Church of LDS as an official state religion?”
Are you serious? Just looked and Utah, as a state is 61% Mormon, but it isn’t a state religion per se.
None that I know of.
Up until 1833, there were individual States that still had official State churches. So the idea isn’t illegal under the Constitution at the time. Questions about the 14th amendment cause questions about the Constitutionality of the idea today, but clearly the founders saw no problem with a State Church under the 1st amendment during the first four decades of our nation.
How about Massachusetts passing a law banning homophobic speech since everybody knows about the free speech clause of same amendment; prohibition on Congress.
As someone else posted you seem to ignore the 14th amendment which applies the constraints of the Bill of Rights on the states as well.
I wonder if it’ll be ChristIslamUdism?
If my state wants to establish Islam as a state religion, then they can do so. I wouldn’t like it, but my only option would be to move to a different state. That is the very nature of our federal republic.
That is part of the Islamic plan, look at France, look
at England. We already have Islamic congressmen.
First we were infiltrated by communists and now muslims.
I’m not ignoring anything. This subject is out for discussion.
It is interesting that you should mention banning ‘homophobic’ speech. It seems there are universities that have done just that, which is odd because one would expect a university to be a place where ideas are argued, not banned.
It was too allow one local agency to open their meetings with prayer...not sure of all details...but I live in NC and have heard the explanation. I’ve been out of the country for 5 days, but will catch up on all the details shortly.
It would be a stupid one. This very issue was ruled on in Everson v. Board of Education. Denying the Natural, God-given rights of individuals is a pretty perverse way of claiming to “strengthen the Bill of Rights.”
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