Dumb question but nonetheless I want to know: An official state religion.

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Atreus21

Lifer
Aug 21, 2007
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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

It says Congress shall make no such law. What's to stop state legislatures from implementing an official state-wide religion? Does modern jurisprudence simply extend the term Congress to state congresses as well?
 

fskimospy

Elite Member
Mar 10, 2006
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It says Congress shall make no such law. What's to stop state legislatures from implementing an official state-wide religion? Does modern jurisprudence simply extend the term Congress to state congresses as well?

The first amendment is incorporated to the states through the 14th amendment.
 

ElFenix

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Mar 20, 2000
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the first through the 14th is correct. the courts decided that in 1947.

up until 1818 connecticut had an official religion and massachusetts required everyone to belong to a church and tithe until 1833. the mass constitution still allows the legislature to command the towns to build protestant churches (though such would be held unconstitutional if it were enacted today)
 

piasabird

Lifer
Feb 6, 2002
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If the US constitution specifically states something then States can not contradict that. The big question is why would a state choose to establish a State Religion and what would they choose to do next? Would they exclude all people not belonging to their religion from public office or government jobs?

No such thing as fair? It is a utopean concept.
 
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