Le Peel asked in Politics & GovernmentPolitics · 8 years ago

Are Liberals confused about the 1st Amendment?

Liberals seem to think the 1st amendment "Congress shall make no law respecting an establishment of religion" applies to the states as well.

Update:

Mr. Wolf, the Tenth Amendment says powers not given to the Federal Government by the Constitution are reserved for the states and the people.

That's all.

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  • Huh?
    Lv 7
    8 years ago
    Favorite Answer

    Liberals are not confused. They know the Supreme Court has ruled that the 1st Amendment applies to states as well. Have you ever heard of MCCOLLUM v. BOARD OF EDUCATION DIST. 71 when the Supreme Court clearly applied the Establishment Clause to a local School District. If the clause applies to a school district it clearly applies to states.

    The 14th Amendment extends to all the US constitutional rights to every citizen and every state. Liberals are not confused, the 1st Amendment applies to states.

    If you are unfamiliar with McCollum, try Torcaso v Watkins, again clearly applying the Establishment Clause to a state law, declaring it unconstitutional.

    Still not convinced? How about Allegheny v ACLU where a county government was forced to remove a nativity scene because if violated the Establishment Clause.

    It seems those that think the Establishment clause doesn't apply to every level of government in the US are confused.

  • 8 years ago

    Yes, the 1st Amendment as written applied only to the federal government, but so did the rest of the Bill of Rights. Over time, most of the rights enumerated in the Bill of Rights have been incorporated to the States through the application of the due process clause of the 14th Amendment.

    Let me ask you a question: are you a 2nd Amendment supporter? If so, what do you think McDonald v Chicago in 2010 was all about?

  • Greg
    Lv 7
    8 years ago

    No sir.

    But you seem to be confused about the REST of the Constitution if you do not know that the Supreme Court of this country has MADE VERY CLEAR that the 1st Amendment and a number of other aspects of the Bill of Rights have been INCORPORATED by later amendments and made applicable to the States.

  • ?
    Lv 7
    8 years ago

    Section 5 of the North Carolina Constitution

    Sec. 5. Allegiance to the United States.

    Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of the State in contravention or subversion thereof can have any binding force

    states are not allowed to pass laws that violate the federal constitution.

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  • 8 years ago

    The 10 Amendment prohibits the states from passing laws already covered by the U.S. Constitution.

    Amendment X

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

  • 8 years ago

    Well then the right to bear arms doesn't apply to states either. Your "logic" means a state can decide to get rid of all guns if they so choose.

    P.S. If you want to live in a religious society, then go live in Vatican City! South American countries are more religious as well.

  • 8 years ago

    And why do the religious fundamentalist try and force their religion on everyone by getting laws passed or saying what kind of entertainment we can enjoy

  • 8 years ago

    Yes, because the amendments don't apply to states at all. Which is exactly why slavery is still legal in most states.

  • Anonymous
    8 years ago

    I am still trying to figure out how I can be forced to be a member of a group (union) if I have the right to freely assemble. If my right to have a religion in the same amendment includes my right to not have a religion, then my right to assemble should also include my right to not assemble.

  • 8 years ago

    At least liberals think, all you do is go online a whine like a little *****.

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