1st amendment
Post Reply
 
Thread Rating:
  • 0 Votes - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
27-03-2015, 06:08 PM
1st amendment
Found out something interesting. The first ammendment states that only congress will not make any laws regarding religion. Theoretically states are allowed to do what they want regarding religious laws. Of course I have very little knowledge of American law since I am a Canadian, so I don't know what supreme court or amendments have since changed that.

I'm homophobic in the same way that I'm arachnophobic. I'm not scared of gay people but I'm going to scream if I find one in my bath.

I'm. Also homophobic in the same way I'm arachnophobic. I'm scared of spiders but I'd still fuck'em.
- my friend Marc
Find all posts by this user
Like Post Quote this message in a reply
27-03-2015, 07:30 PM
RE: 1st amendment
I'm not sure but I think their federal law trumps state law.
Find all posts by this user
Like Post Quote this message in a reply
27-03-2015, 07:46 PM
RE: 1st amendment
The constitution would take presidence over a state constitution, so a state would be overridden if they violated the federal constitution.

Gods derive their power from post-hoc rationalizations. -The Inquisition

Using the supernatural to explain events in your life is a failure of the intellect to comprehend the world around you. -The Inquisition
Find all posts by this user
Like Post Quote this message in a reply
27-03-2015, 07:47 PM
RE: 1st amendment
SCOTUS has interpreted the 1st Amendment in light of the 14th Amendment to apply to all citizens, therefore to all the states.
The states may not limit rights granted under the Constitution so may not establish a religion or limit the free exercise thereof.

Skepticism is not a position; it is an approach to claims.
Science is not a subject, but a method.
[Image: flagstiny%206.gif]
Visit this user's website Find all posts by this user
Like Post Quote this message in a reply
[+] 2 users Like Chas's post
27-03-2015, 10:39 PM
RE: 1st amendment
While I'm sure it has been interpreted as such. The amendment does not guarantee freedom of speech and religion, it just says that congress will make no laws restricting these items. And it makes sense since various states had anti catholic laws.

I'm homophobic in the same way that I'm arachnophobic. I'm not scared of gay people but I'm going to scream if I find one in my bath.

I'm. Also homophobic in the same way I'm arachnophobic. I'm scared of spiders but I'd still fuck'em.
- my friend Marc
Find all posts by this user
Like Post Quote this message in a reply
27-03-2015, 11:39 PM
RE: 1st amendment
(27-03-2015 10:39 PM)TarzanSmith Wrote:  While I'm sure it has been interpreted as such. The amendment does not guarantee freedom of speech and religion, it just says that congress will make no laws restricting these items. And it makes sense since various states had anti catholic laws.

As Chas noted, the 14th amendment means that these same restrictions apply to states and local governments as well as the federal government.

Oh, and also, the executive branch cannot independently implement such policies under its own authority, because it is technically a creation of Congress (one of the first things they did after the Constitution was ratified) and is thus bound by the same restrictions.
Find all posts by this user
Like Post Quote this message in a reply
28-03-2015, 12:06 AM
RE: 1st amendment
by congress it also means any level of govt even at the lowest level can't make any laws regarding religion

all levels of govt have to follow the 1st amendment which many don't
Find all posts by this user
Like Post Quote this message in a reply
28-03-2015, 12:24 AM
RE: 1st amendment
Through many court decisions through the years, it's been well accepted that when the bill of rights refers to congress, that applies down to mostly all levels of government down to even local school boards.

You look at court cases and see how the laws apply both ways in favor of people at levels once questioned a century ago. In the case of schools in cases like Tinker vs Des Moines and other school to show how even students have some 1st amendment rights and definitely 4th amendment rights.

"Allow there to be a spectrum in all that you see" - Neil Degrasse Tyson
Find all posts by this user
Like Post Quote this message in a reply
28-03-2015, 12:41 AM (This post was last modified: 28-03-2015 02:47 AM by Ace.)
RE: 1st amendment
(28-03-2015 12:24 AM)ClydeLee Wrote:  Through many court decisions through the years, it's been well accepted that when the bill of rights refers to congress, that applies down to mostly all levels of government down to even local school boards.

You look at court cases and see how the laws apply both ways in favor of people at levels once questioned a century ago. In the case of schools in cases like Tinker vs Des Moines and other school to show how even students have some 1st amendment rights and definitely 4th amendment rights.

Kitzmiller vs Dover





edit:

in the 1:21:20 part of the video we get a pastor saying we're indoctrinating kids with evolution.................. how much points does that guy get for hypocrisy here ?

1:23:30 Judge Johns says the following
Quote:the establishment clause says that congress cannot pass law promoting one religion over another, and that trickles all the way down to any state action and in this case the actions of a school board
Find all posts by this user
Like Post Quote this message in a reply
[+] 1 user Likes Ace's post
28-03-2015, 07:10 AM
RE: 1st amendment
(27-03-2015 10:39 PM)TarzanSmith Wrote:  While I'm sure it has been interpreted as such. The amendment does not guarantee freedom of speech and religion, it just says that congress will make no laws restricting these items. And it makes sense since various states had anti catholic laws.

Actually, it does guarantee those freedoms:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Are you reading some other version of it? Consider

Skepticism is not a position; it is an approach to claims.
Science is not a subject, but a method.
[Image: flagstiny%206.gif]
Visit this user's website Find all posts by this user
Like Post Quote this message in a reply
Post Reply
Forum Jump: