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To: jonestown
Backwards.. -- You have no basis for your claim that States can respect an establishment of religion, or prohibit the free exercise thereof; or abridge the freedom of speech,

Until we had documents like the Magna Carta, the English Bill of Rights, or the Constitution, governments were allowed to do as they please. Without the constitution, they could and did those things. Why do you think we have state constitutions? It's because there were some provisions in the US constitution that didn't apply to the states.

This is not a radical interpretation of the Constitution. Constitutional scholars agree. Here's how Wikipedia explains it:

"Originally, the Bill of Rights was not intended to apply to the states; for instance, some states in the early years of the nation officially established a religion. This interpretation of these Amendments remained until 1868, when the Fourteenth Amendment was passed..."

Now if you are allowed to establish a state religion, that would mean that the 1st amendment did not originally apply to the States.

US Constitution

246 posted on 01/26/2005 8:35:45 PM PST by Dan Evans
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To: Dan Evans
Here's how Wikipedia explains it:

"Originally, the Bill of Rights was not intended to apply to the states; for instance, some states in the early years of the nation officially established a religion.

Idiotic misstatement of fact by 'Wikipedia'.
-- 'Some states, in the early years of the nation, had officially established religions, - religions which dated from the Colonial government era.' -- Is accurate.

This interpretation of these Amendments remained until 1868, when the Fourteenth Amendment was passed..."

Not true, again. All of the 'grandfathered in' State supported religions had withered away by the 1840's, -- whereupon Utah tried to gain statehood, with a state religion in their proposed constitution.
This unrepublican form of government was rejected for 40 years or more, till Utah agreed to conform with the US Constitution.

Now if you are allowed to establish a state religion, that would mean that the 1st amendment did not originally apply to the States.

Utah was not so 'allowed'. Case closed.

248 posted on 01/26/2005 9:05:03 PM PST by jonestown ( A fanatic is a person who can't change his mind and won't change the subject." ~ Winston Churchill)
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