• Guest, The rules for the P & N subforum have been updated to prohibit "ad hominem" or personal attacks against other posters. See the full details in the post "Politics and News Rules & Guidelines."

The amendments to the Constitution were not meant to extend to states and localities

Dragnov

Diamond Member
Apr 24, 2001
6,878
0
0
There is no discussing in the Politics Forum, only flaming! Get out of here! :p

And explain your question more please.
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
101,383
5,383
126
simple, the writers of the bill of rights did not extend the rule of the amendments to the states and localities. for instance: the state of massachusetts had a state religion for decades after the passage of the bill of rights. heck, the 10th amendment basically says that unless something is explicity prohibited the states by the constitution that its fair game.
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.
so, commandments in local courthouses are legal under the 10th amendment, because the 1st only applies to the US constitution.
 

tcsenter

Lifer
Sep 7, 2001
17,848
24
81
The amendments to the Constitution were not meant to extend to states and localities
They are now, see 14th amendment.

The text of the First Amendment expressly restrains "Congress", which was obviously the federal legislature, but is silent on state legislatures. However, the Constitution contains what some argue to be a 14th Amendment already 'built-in':
Article IV

Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

Article VI

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
For some reason, people couldn't read these rather forceful and unambiguous articles to contravene the position that since the text of the First Amendment doesn't expressly restrain the states, it therefore cannot be read to restrain them.

Which is partially correct, the First Amendment doesn't restrain the states, the aforementioned articles make binding upon them the restrictions imposed on Congress by the First Amendment.

But whatever, its a done deal now. The 14th Amendment makes this entirely academic.
 

Nitemare

Lifer
Feb 8, 2001
35,469
1
76
3/4 of the governments laws and regulations are violations of the State and citizen's constitutional rights
 

ASK THE COMMUNITY