The New IMPROVED Official State Religion List!

[splat@14]

http://blogs.salon.com/0002874/stories/2003/11/22/theOfficialStateReligionList.html

First, some background: back in October, while reading about David Limbaugh's book Persecution: How the Liberals Feed Christians to the Lions, we learned that David had found a brilliant way around the ol' seperation of church and state thing. See, David says that the Bill of Rights only prevents the FEDERAL government from establishing a state religion, but it's okay for each individual state to have an official one (yes, this is THE hot, new Constitutional interpretation that all the right-wing lawyer-pundits are hip with).

So, since society seems eager to get back to what the Founding Fathers wanted (and not what the evil Supremes have forced on us), I assume we are going to let each state set up its own state-sponsored religion, like they apparently did prior to 1947. This promises lots of fun for everyone!

And, as other legal scholars (Alan Keyes, Ann Coulter) pointed out, if you don't like your state's religion, you can just move to one that suits your preferences. See, that's the beauty of America: we have states to suit every religious preference, and no need to respect all of them when we can just move to a place where ours is the only one allowed.

But since most people don't want to buy a house, get the yard looking nice, and only THEN learn that their state's religion is "Professional Wrestling," I think we should start announcing what each state's official religion is now, to give everybody a chance to move, before the Official Religion clause of the First Amendment becomes binding on everybody.

EDITED BY ADMIN: COPYRIGHT

[unblock]

1. fantastic! now they're getting legal advice from the pre-civil war south!

[Toots]

2. Doesn't each state have a Constitution of their own?

I know at least a few do and I would imagine all do. Also it is difficult to change a state constitution the same as it is the US Constitution. Even if his reading were correct it would take two thirds of the people per state to make it so...

[happyslug]

3. The Bill of Rights do NOT apply to the States.

Unless the Right is a Due Process Right under the 14th Amendment. That has ALWAYS been the law since the passage of the Post-Civil War Amendments (The 12th, 13th and 14th).

Now the First Amendment covers Freedom of Religion, Freedom of the Press, Freedom of Assembly and Freedom ot Petition the Congress. Its wording is clear that it only applies to the FEDERAL GOVERNMENT. Furthermore how are those rights "Due Process" Rights? Due Process is traditionally the Third through 8th Amendments (i.e. Right to Jury Trial, right to confront your accuser, right NOT to incriminate oneself, one right NOT be subject to Cruel and Unusual punishment, one right NOT to have his house search without probable cause etc).

Now starting after the passage of the 14th, the Supreme Court started a procedure to expand "Due Process" rights to Corporations and to prevent the States from restricting the power of Corporations. This continued through the beginning of 1900s when "Substantial Due Process" was expanded to forbid the states from Restricting the Wages and hours work of employees (Substantial Due Process based on Economics were reversed in 1938 and Economic issues are now under the sole control of the State and Federal Congress).

The above is important for it is through the concept of "Substantial Due Process" that the Bill of Rights are applied to the States. Without the above the Bill of Rights do NOT apply to the States. With the Reversal of Substantial Due Process in 1938, the whole legal theory of the First Amendment applying to the states was undermined. How is it a violation of your right to Due Process for a state to have a State Church? How is it a Violation of your Right to Due Process for your state to restrict the press and your speech? These may be substantial rights, but how are their violation of the Due Process Clause of the 14th Amendment?

Now the Supreme Court has ignored the above dilemma, for to address it means to undo ALL THE RULINGS APPLYING THE FIRST AMENDMENT TO THE STATES. The Court likes its First Amendment rulings and has continued to call them good law, but the fact the First Amendment rulings came into being BASED ON ECONOMIC SUBSTANTIAL DUE PROCESS has always been view as those rulings weak leak. This has been know since 1938 and Supreme Court Ruling that Economic Substantial Due Process no longer was a Constitutional Right. All the Right wingers have done is jumped on this issue for their own purposes , but I just do not see the Supreme Court reversing itself as to the First Amendment. To do so would mean giving up rights the Majority of Americans have come to accept. The Court do read polls and will follow them, thus I just do NOT see the Court buying this argument AT THIS TIME, but it is something we have to watch.

[Walt Starr]

4. The First Amendment DID only prohibit the FEDERAL GOVERNMENT

from establishing religion.

The fourteenth amendment extended that prohibition to the several states.

Of course, the nutballs on teh right have wanted to repeal the fourteenth amendment ever since it was ratified as that is the constitutional amendment which forevermore freed the slaves.

[Occulus]

6. I should point out

the 14th is also the one corporations used to argue for their personhood.

[happyslug]

8. If you read my post,

You will see that the First was applied to the States based on the Decisions MAKING Corporations AND your right to contract free of any Government Regulations as to minimum wages or maximum hours (at the time it was called the "Freedom to Starve"). Without the concept of "Substantial Due Process" that "Freed" Corporations from the control of the States and the Federal Government, you can NOT apply the Due Process Clause of the 14th to the concepts stated in the First Amendment.

[bryant69]

5. That makes things interesting

I don't know if states would actually do this.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[NoPasaran]

7. Texas: Football

They got that right!