Off by six years, wrong Yankee fiefdom. Oops. 1833 is still well into the nineteenth century, regardless.
Your overblown, pompous reaction to my truthful statements on the basis of two little gotchas that in no way undermine accuracy speaks volumes.
The Constitution did not prohibit the power of establishing a State Chuch to States. You inadvertantly acknowledge this via your own attempted refutation.
This speaks volumes as well.
I wasn’t being snarky at all. You were opining that states had state sanctioned religions and that, therefore, it was obviously Constitutional.
I was simply pointing out that most states didn’t have such laws and the few that did did not enforce the laws, so they were never litigated. Indeed, I would argue that they weren’t enforced because, besides being extraordinarily unpopular, the states may have known they would be struck down by the Ninth Ammendment. That is pure conjecture, but none less than yours.
Most states banned it in their state constitutions. Hamilton’s point about listing rights in a bill of rights was that governments could claim people had no other rights than those enumerated. Hence the 9th Ammendment.
States don’t have rights, they have powers. People have the right to worship as they choose with no interference from the states. I think that’s how the USSC should have resolved Everson, but Congress, the courts and STATE legislatures would be frightened by the proposal.
Tell you what, let’s not debate this online. Go ahead and take your “state religion” idea to the people and the courts. If you are Constitutionally correct, my side will move to ammend the Constitution. If your side is wrong (the Supreme Court has held so time and time again), propose your Ammendment and let’s see how far it gets.
Even if the courts reverse themselves, all your shenanigan will do is drive the populace away from any good ideas you may have.