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You apparently missed the post where he already addressed that.
apparently I did. Please point me at it.
What changed in the Constitution between the point where most of the states had official state religions and now, where it's illegal for a local school to pray?
What changed in the Constitution between the point where most of the states had official state religions and now, where it's illegal for a local school to pray?
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Originally Posted by bc42gb43
You are right that in the early days of the Republic states could violate portions of the Bill of Rights with impunity. The Supreme Court often interpreted the Bill of Rights and other constitutional provisions as applying only to the federal government, and not to the states. See Barron v. Baltimore, 32 U.S. (7 Pet.) 243 (1833).
However, the Fourteenth Amendment changed this pattern. Beginning in the 1880s and 1890s, the Supreme Court began to incorporate the Bill of Rights to the states, holding that the Fourteenth Amendment requires that rights under the Constitution and Bill of Rights also apply to state and local governments. This is why you could have a state-sanctioned government in 1800, but not in 1900. At this point almost the entirety of the Bill of Rights has been incorporated as being obligatory on state and local governments as well.
So the SCOTUS is wrong. They have not interpreted it correctly.
Says you. But your opinion is irrelevant. The SCOTUS has the final word.
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Considering many of the original states had official religions, they would have been illegal at the time of the signing...which we knew wasn't the case. Of course, that doesn't sway a liberal's mind if it's made up...but oh well.
Oh this is a political issue? I had always thought the 14th amendment took care of this little detail.
FAIL AGAIN!
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In any event, WHAT LAW WAS BROKEN BY THIS BEING DONE? Please give me actual quotation from a law, or the constitution.
The First and possibly the 14th amendments of the Constitution of the United States.
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You're getting closer...except you haven't told me what religion was actually established as a result of this.
Some public schools and universities are granting Muslim requests for prayer times, prayer rooms and ritual foot baths, prompting a debate on whether Islam is being given preferential treatment over other religions.
What changed in the Constitution between the point where most of the states had official state religions and now, where it's illegal for a local school to pray?
From post #65:
Quote:
You are right that in the early days of the Republic states could violate portions of the Bill of Rights with impunity. The Supreme Court often interpreted the Bill of Rights and other constitutional provisions as applying only to the federal government, and not to the states. See Barron v. Baltimore, 32 U.S. (7 Pet.) 243 (1833).
However, the Fourteenth Amendment changed this pattern. Beginning in the 1880s and 1890s, the Supreme Court began to incorporate the Bill of Rights to the states, holding that the Fourteenth Amendment requires that rights under the Constitution and Bill of Rights also apply to state and local governments. This is why you could have a state-sanctioned government in 1800, but not in 1900. At this point almost the entirety of the Bill of Rights has been incorporated as being obligatory on state and local governments as well.
Not every law has to be spelt out in black and white. Please see Engel v. Vitale and Abington School District v. Schempp for the Supreme Court decision on authority-led prayer in school.
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Originally Posted by Calvinist
What changed in the Constitution between the point where most of the states had official state religions and now?
It's all in how the Supreme Court (circa 1962) interpreted the law.
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Originally Posted by Calvinist
where it's illegal for a local school to pray?
It's only unconstitutional ("illegal") for an authority-figure in a local school to lead prayer. If it's the students doing it of their own accord, it's fine.
At my high school, there was a group of Christian students that, each day, would gather at the flagpole to pray. Because no teacher endorsed, participated, and/or interfered, it still continues to this day.
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