At 10:56 PM 6/19/01 EDT [EMAIL PROTECTED] wrote:
>Well, the federal constitution is the supreme law of the land, and nothing a
>state does can violate it.
This is irrelevant, the 1st Amendment very plainly does not deal with
States. Thus, it is impossible for States to violate the plain meaning of
the text.
>Also, the constitution specifically calls for
>congress to guarantee each state a republican form of government,
There is nothing arepublican about placing a Menorah or a Nativity Scene in
a public park.
>which has
>been interpreted as meaning that each state derives its powers to govern
from
>congress and the federal constitution.
This is a non sequitur.
The actual text is as follows:
"The United States shall guarantee to every state in this union a
republican form of government, and shall protect each of them against
invasion; and on application of the legislature, or of the executive (when
the legislature cannot be convened) against domestic violence."
This sentence is very clearly dealing with the obligations of the federal
government to the State government. I think you would have a hard time
backing up your interpretation with anything in the Federalist Papers as well.
>And the Bill of Rights is not just a
>restriction on congress. The states cannot do what congress cannot do,
>therefore the Bill of Rights applies to the states as well.
And this is just plain silly. Shall I start listing all the things which
State governments can do which Congress cannot do? (Here's a hint:
Opening public schools is one.....)
If the writers of the 1st Amendment intended it to apply to the States, why
did they specifically single out "Congress shall pass no law......" They
could have easily said "No government shall......" Indeed, I think it is
impossible to view the Constitution in any other context than that of the
States placing limits upon the powers of the Federal Govt., relative to the
States.
I'm not saying that you have to agree that individual States should *not*
be bound by a wall of separation between Church and State. All I'm saying
is that all reasonable should agree that the US Constitution certainly
doesn't emplace that Wall.
JDG
__________________________________________________________
John D. Giorgis - [EMAIL PROTECTED] - ICQ #3527685
We are products of the same history, reaching from Jerusalem and
Athens to Warsaw and Washington. We share more than an alliance.
We share a civilization. - George W. Bush, Warsaw, 06/15/01
