How is the "under God" unconstitutional?

6/27/02 | myself

[Khepera]

There is no other - ping!

[Rightwing Conspiratr1]

Amen! *ping*

[Mark Bahner]

"Funny though, that from 1789 to the early 60s, there was prayer in school, and other instances of religious free speech, in and aroung gov't. Like gun ownership, if all these things were unconstitutional, why were they not banned in the 1790s?"

When the Constitution was written, a STATE *could* establish religion. The First Amendment only restricts the *federal* government ("Congress shall make no law...") from establishing religion.

If States are no longer free to establish religions, it would be the 14th Amendment that would have prohibitted states from establishing religions. The 14th Amendment says:

"1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;"

One interpretation of this is that the States may no longer abridge any of the rights listed in the Bill of Rights (that originally only limited what Congress could do).

As for how the states could "fail to notice" the problem...well, the Southern states had segregation up to the 1960's. Most (or many, at least) people in the year 2002 agree that those segregation laws, "...deny to any person within its jurisdiction the equal protection of the laws."

So there IS precedent for Congress not following the law for very long periods of time.

[Mark Bahner]

"So there IS precedent for Congress not following the law for very long periods of time."

Actually, segregation laws were (possibly) an example of the STATES not following the law (the Constitution) for long periods of time.

The prayer in public schools is possibly another example.