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To: lawdog
That aside and even supposing the the 14th made the First applicable to the states, there was NO grant of power to the Federal courts to lay down rules as to what constituted an establishment of religion, what states governments might authorize regarding religion, how local governments might celebrate religious occasions etc. No such powers are granted to any branch of the federal government, including Congress, by the First Amendment.

The federal courts have this power of judicial review under Article III -- a question of law that has been settled since the Marbury vs. Madison case. Moreover, the right to religious freedom -- which is what we are discussing here -- can equally be derived from the Ninth Amendment, the privileges and immunities clause of the 14th Amendment, or the due process clause of the 14th Amendment.

47 posted on 09/05/2003 10:03:05 PM PDT by kesg
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To: kesg
If your referring to Article III Section 2 I still don't see a grant of any such powers.Once again Moore made No law.
102 posted on 09/09/2003 9:07:30 PM PDT by lawdog
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