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← The Lord’s Army Comes to America’s Public Schools

JHJEFFERY's Avatar Jump to comment 30 by JHJEFFERY

Comment 26 by Carney :

The First Amendment, with the word "Congress", restricts solely the activities of the federal government. It is utterly silent on the states, which it is clear, with the implicit structure of the rest of the Constitution, made explicit and unmistakeable with the 10th amendment, can do anything they are not explicitly forbidden to do. In fact much of the historical impetus for the establishment clause came from anti-federalists wedded strongly to states' rights and specifically to their states' established churches, such as the Congregationalist Church in MA, and fears that if the federal government officially endorsed a given denomination that would supersede and overshadow their state church.

This is incorrect. Unless you are just voicing your opinion that the Sct has missed the mark for all these many years of using the 14th Amendment to apply to the first to all government action--federal, state and local. Maybe you actually read the first amendment, but have you read the multitude of cases interpreting it and applying it to state action? Seems not.

Sun, 13 May 2012 21:41:31 UTC | #941314