[tpaine]

The Bill of Rights did not apply to the states. At the time the Bill of Rights was adopted there were states with their own official state churches.

Yep, they were 'grandfathered' in.
Utah was later refused Statehood until they abandoned their state approved religious establishments.

No they were not. The First Amendment was specifically crafted to protect state churches from the threat of a national church.

Yep that's more or less what Justice Thomas writes, here:

"I accept that the Free Exercise Clause, which clearly protects an individual right, applies against the States through the Fourteenth Amendment.
But the Establishment Clause is another matter.
The text and history of the Establishment Clause strongly suggest that it is a federalism provision intended to prevent Congress from interfering with state establishments.

Thus, unlike the Free Exercise Clause, which does protect an individual right, it makes little sense to incorporate the Establishment Clause."

However, - Thomas's point makes litte difference to the States 'rights' issue.
He admits just above that the rest of our BOR's applies to State/Local governments.

_____________________________________

At #52, I wrote;
Today, the State of CA claims it can prohibit 'assault weapons'. Do you agree?

'Cal' replied:
A strong argument can be made that, even after the 14th Amendment, the Constitution should not be interepreted to incorporate the 1st Amendment and apply it to the states.

Yep, and using the same argument, -- "the Constitution should not be interpreted to incorporate the 2nd Amendment and apply it to the states." --
-- Do you approve, 'CalRepublican'?

'Joe' replies:
No, because as you pointed out in post 29 the First amendment says Congress shall make no law whereas the second amendment refers to the rights of the people which are of course, God-given and inalienable.

Reread the Thomas quote just above joe. -- He agrees that except for 'establishment', the rest of the First applies to State/Local governments.

Do you realize how ridiculous you sound spouting off about "statism" to a bunch of federalists when your own argument is so intensely nationalist?

My arguments defend our Constitution, not a "nationalist" view. -- And you clowns are a bunch of 'States Rights' zealots, not federalists.

[Tailgunner Joe]

By using the term "grandfathered" you are suggesting that these churches were allowed to operate with the states' blessings despite the fact that the constitution forbade them to do so, only because they so operated before the Constitution and were "grandfathered in." Not so.

He agrees that except for 'establishment', the rest of the First applies to State/Local governments.

Exactly so. Thus the establishment clause does not restrict the powers of the states, while the rest of the BOR, including the second amendment, does.

Hillary Clinton would be very proud of your tyrannical nationalism.

And you clowns are a bunch of 'States Rights' zealots, not federalists.

You liberaltarians are a bunch of terrorist-loving anarchist dope-fiends.