States can establish State Religions, IAW the US Constitution

You are correct that the First Amendment limited the powers of the federal government solely, and that several states maintained a religious establishment (This all changed with the 14th Amendment, whereby the Bill of Rights was applied to the states as well as the federal government).

However, just because they had the legal power to do it, it does not mean that they should do it. My reading of Locke(who supported toleration, rather than religious liberty), Jefferson(who was not always consistent), Paine(a consistent apostle of freedom of conscience), Mill(preacher of the errors of infalibility), and others have convinced me that any maintained establishment of religion or religious tests for office, not only violates the individual's liberties, but undermines the general happiness as well.

Interesting. Could you clarify, then, why those of other faiths, including Roman Catholics, should be considered unfit for such offices?

Very simple, the Protestant founders a state wanted to preserve the Protestant character of the state, especially to avoid introducing of hierarchical, centralised tradition. It is fine with me, since I am not a Protestant, I would not try to run for an office (still I would vote) or I would move to another state.

The 14th Amendment wasn't even properly ratified.

Regardless, it has been a part of our government for so long that it has been accepted as law, and there is little chance of getting rid of it on that basis.

Little chance now, but if we each tell 5 people, and they tell 5...

The Hon. Judge Perez' documentation of the illegitimacy of the 14th Amendment.

The Squalid 14th Amendment

The 14th Amendment gave the Supreme Court veto power over all state legislatures. It has created and subjected us all to a judicial oligarchy, destroying republican rule by hundreds of state legislators spread throughout the nation beholden to the people. We have rule by 9 central justices and the ACLU instead. We got busing, affirmative action, Title IX, "civil rights" abuses, sexual harassment frivolous law suits, etc. etc. etc. from the good old 14th amendment. Soon, we'll get women in combat and in professional football from it. We almost got gays in the Boy Scouts from it this year. Casey Martin just won the right to ride a cart in the PGA tour from it. The words "equal protection" and "privileges and immunities" can mean any thing, to any lawyer or Justice. Those words are just high-minded bleeding heart idealistic rhetoric meant to open the path for Federal intrusion during Reconstruction. It's bad law. The one time it came in handy - during the election of 2000, the liberals squealed like they'd been bitten by a snake. 99% of the time it's a tool of vindictive hypocrits and demagogues, sourpusses and spoiled sports, who think fate gave them a bumb rap, and that everyone except them got to where they are unjustly. It's a way around consent of the governed. And it was indeed never legally ratified. Help spread the word!

I would see no harm though, in Vermont declaring the state religion to be for example, Christianity.

I would.

I'll pass every time, Hugh.

Telling them is one thing, but the question is whether or not they agree and believe it, and when something, like the 14th Amendment, becomes a part of political tradition, it is difficult to remove it.

Also, we must ultimately ask what damage, if any, might be caused by removing it.

Oh, so you must live in Vermont?

You were taught a prevailing interpretation in Con Law 101, then. And besides, law schools are full of liberal profs like Alan Derchowitz, and I've just explained how liberals love the 14th Amendment. They want to find a use for it under every rock. If you just look at the text of it, it does no such thing. It might re-apply the 5th Amendment clause on due process. You'll find upon closer study that the wonderful SC only selectively applies the BoR to the States anyway. It's as arbitrary as a State legislature in its applications, and that should raise a red flag. That's not law at all - just judicial activism. It's past time we started scrutinizing a little more closely what the Judicial branch tells us we the people said.

The supremacy clause in Art. VI binds the judges in every state to the Bill of Rights, pal, and it did it in some 75 years prior to the 14th Amendment.

See also post #5 & post #12: "Two U.S. Supreme Court cases exclude the Second Amendment, unfortunately." - gatex
Wonder what that's all about?

I don't want a theocracy.

I don't suppose we need to delete all of it, but some of its vague language (and redundancies) just sits there feeding the lawyers over and over and over.

...do you think it would be proper for states to prohibit all but Protestant Christians from holding office, and if so why?

IMHO, yes, it would be proper. Why?--have you heard of Ted Kennedy?

Oh, so you must live in Vermont?

No, I just don't think official state religions are a good idea. Although I resent the tendencies of many to act as if people of faith have no place in government.

You might be interested in this. In this case back in 1833, the United States Supreme Court ruled EXACTLY what you said.

Barron v. Mayor & City Council of Baltimore, 32 U.S. 243 (1833)

Opinions

Mr. Chief Justice MARSHALL delivered the opinion of the court.

The judgment brought up by this writ of error having been rendered by the court of a State, this tribunal can exercise no jurisdiction over it unless it be shown to come within the provisions of the 25th section of the Judiciary Act. The plaintiff in error contends that it comes within that clause in the Fifth Amendment to the Constitution which inhibits the taking of private property for public use without just compensation. He insists that this amendment, being in favor of the liberty of the citizen, ought to be so construed as to restrain the legislative power of a state, as well as that of the United States. If this proposition be untrue, the court can take no jurisdiction of the cause.

The question thus presented is, we think, of great importance, but not of much difficulty. The Constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual States. Each State established a constitution for itself, and in that constitution provided such limitations and restrictions on the powers of its particular government as its judgment dictated. The people of the United States framed such a government for the United States as they supposed best adapted to their situation and best calculated to promote their interests. The powers they conferred on this government were to be exercised by itself, and the limitations on power, if expressed in general terms, are naturally, and we think necessarily, applicable to the government created by the instrument. They are limitations of power granted in the instrument itself, not of distinct governments framed by different persons and for different purposes.

If these propositions be correct, the fifth amendment must be understood as restraining the power of the General Government, not as applicable to the States. In their several Constitutions, they have imposed such restrictions on their respective [p*248] governments, as their own wisdom suggested, such as they deemed most proper for themselves. It is a subject on which they judge exclusively, and with which others interfere no further than they are supposed to have a common interest.

The counsel for the plaintiff in error insists that the Constitution was intended to secure the people of the several States against the undue exercise of power by their respective State governments, as well as against that which might be attempted by their General Government. It support of this argument he relies on the inhibitions contained in the tenth section of the first article. We think that section affords a strong, if not a conclusive, argument in support of the opinion already indicated by the court. The preceding section contains restrictions which are obviously intended for the exclusive purpose of restraining the exercise of power by the departments of the General Government. Some of them use language applicable only to Congress, others are expressed in general terms. The third clause, for example, declares, that "no bill of attainder or ex post facto law shall be passed." No language can be more general, yet the demonstration is complete that it applies solely to the Government of the United States. In addition to the general arguments furnished by the instrument itself, some of which have been already suggested, the succeeding section, the avowed purpose of which is to restrain State legislation, contains in terms the very prohibition. It declares, that "no State shall pass any bill of attainder or ex post facto law." This provision, then, of the ninth section, however comprehensive its language, contains no restriction on State legislation.

The ninth section having enumerated, in the nature of a bill of rights, the limitations intended to be imposed on the powers of the General Government, the tenth proceeds to enumerate those which were to operate on the State legislatures. These restrictions are brought together in the same section, and are by express words applied to the States. "No State shall enter into any treaty," &c. Perceiving, that in a constitution framed by the people of the United States, for the government of all, no limitation of the action of government on [p*249] the people would apply to the State government, unless expressed in terms, the restrictions contained in the tenth section are in direct words so applied to the States.

It is worthy of remark, too, that these inhibitions generally restrain State legislation on subjects intrusted to the General Government, or in which the people of all the States feel an interest. A State is forbidden to enter into any treaty, alliance or confederation. If these compacts are with foreign nations, they interfere with the treaty-making power, which is conferred entirely on the General Government; if with each other, for political purposes, they can scarcely fail to interfere with the general purpose and intent of the Constitution. To grant letters of marque and reprisal, would lead directly to war, the power of declaring which is expressly given to Congress. To coin money is also the exercise of a power conferred on Congress. It would be tedious to recapitulate the several limitations on the powers of the States which are contained in this section. They will be found generally to restrain State legislation on subjects intrusted to the government of the Union, in which the citizens of all the States are interested. In these alone were the whole people concerned. The question of their application to States is not left to construction. It is averred in positive words.

If the original Constitution, in the ninth and tenth sections of the first article, draws this plain and marked line of discrimination between the limitations it imposes on the powers of the General Government and on those of the State; if, in every inhibition intended to act on State power, words are employed which directly express that intent; some strong reason must be assigned for departing from this safe and judicious course in framing the amendments before that departure can be assumed. We search in vain for that reason.

Had the people of the several States, or any of them, required changes in their Constitutions, had they required additional safeguards to liberty from the apprehended encroachments of their particular governments, the remedy was in their own hands, and could have been applied by themselves. A [p*250] convention could have been assembled by the discontented State, and the required improvements could have been made by itself. The unwieldy and cumbrous machinery of procuring a recommendation from two-thirds of Congress and the assent of three-fourths of their sister States could never have occurred to any human being as a mode of doing that which might be effected by the State itself. Had the framers of these amendments intended them to be limitations on the powers of the State governments, they would have imitated the framers of the original Constitution, and have expressed that intention. Had Congress engaged in the extraordinary occupation of improving the Constitutions of the several States by affording the people additional protection from the exercise of power by their own governments in matters which concerned themselves alone, they would have declared this purpose in plain and intelligible language.

But it is universally understood, it is a part of the history of the day, that the great revolution which established the Constitution of the United States was not effected without immense opposition. Serious fears were extensively entertained that those powers which the patriot statesmen who then watched over the interests of our country deemed essential to union, and to the attainment of those invaluable objects for which union was sought, might be exercised in a manner dangerous to liberty. In almost every convention by which the Constitution was adopted, amendments to guard against the abuse of power were recommended. These amendments demanded security against the apprehended encroachments of the General Government -- not against those of the local governments. In compliance with a sentiment thus generally expressed, to quiet fears thus extensively entertained, amendments were proposed by the required majority in Congress and adopted by the States. These amendments contain no expression indicating an intention to apply them to the State governments. This court cannot so apply them.

We are of opinion that the provision in the Fifth Amendment to the Constitution declaring that private property shall not be taken for public use without just compensation is intended solely as a limitation on the exercise of power by the [p*251] Government of the United States, and is not applicable to the legislation of the States. We are therefore of opinion that there is no repugnancy between the several acts of the general assembly of Maryland, given in evidence by the defendants at the trial of this cause, in the court of that State, and the Constitution of the United States. This court, therefore, has no jurisdiction of the cause, and it is dismissed.

This cause came on to be heard on the transcript of the record from the Court of Appeals for the Western Shore of the State of Maryland, and was argued by counsel. On consideration whereof, it is the opinion of this Court that there is no repugnancy between the several acts of the General Assembly of Maryland given in evidence by the defendants at the trial of this cause in the court of that State and the Constitution of the United States; whereupon it is ordered and adjudged by this court that this writ of error be, and the same is hereby, dismissed for the want of jurisdiction.

The 14th amendment unconstitutionally holds the states to the bill of rights.

The 14th amendment is part of the constitution and is thus by definition constitutional. If the 14th amendment said only blue-eyed people had the right to vote, that provision too would be constitutional.

An amendment to the constitution cannot override the rest of the document.

This is simply incorrect.