Stephen Maturin

Nice catch, scombrid! That's yet another example of why we should set our bullshit alarms to go off immediately upon spoting an ellipsis between a set quotation marks on any fundy website.

Fine letter, Richard! I'd love to read the response, but I doubt that Wildmon has the stones to send one.

[ August 13, 2002: Message edited by: Stephen Maturin ]</p>

Autonemesis

But the 14th already supercedes the 1st. The 1st includes freedom of speech, yet a teacher may not lead a pledge saying "under God" by way of the 14th's Equal Protection clause.

I'm just talking out my ass (meaning I'm just reading the plain words of the amendments). Perhaps the drafters of this new amendment do not mind if the federal government can limit other enumerated rights through the Equal Protection clause, so long as the guys running the government are in favor of the same limits.

ohwilleke

The 1st Amendment as originally enacted applied only to the federal government. It provided neither freedom of speech, nor freedom of religion (or association) protections with regard to state and local government act.

The official reason that a state law can be invalidated based upon the 1st Amendment, is that the U.S. Supreme Court has held that the 1st Amendment is an integral part of the due process protections that individuals have vis-a-vis states under the 14th Amendment.

These due process protections, and not the equal protection rights or privileges and immunities part of the 14th Amendment form the legal basis for federalized protection of separation of church and state.

This result does not obviously flow from the plain language of the 14th and 1st Amendments, despite the fact that it is very good policy and a part of the American consciousness. On the other hand, the notion that freedom of speech and freedom of religion are "privileges and immunities" protected under the 14th Amendment, is very plausible, even though some ancient legal decisions prevents this from being the basis for protection of freedom of speech and religion from state and local government attack, and coming to the right conclusion for the wrong reason, isn't necessarily bad.

4th Generation Atheist

Man that sort of people scare me. First to be a "patriot" you gotta believe in God; next, to be a "patriot" you gotta hate gays? How can hating
anyone in this manner contribute to patriotism? If these people get what they want, I won't just love my country, I'll miss it. Without even having to move anywhere.

mibby529

Well, I'd suggest you use the Demoroniser to fix the "smart quotes." LOL

Seriously, SLAVERY was part of America's foundation from the beginning too; is there going to be a constitutional amendment protecting slavery next? LOFL

4th Generation Atheist

Why mibby, I don't know what the "fuck" you are "talking" about.


I wouldn't suggest it about slavery. Our current administration might actually consider it! <img src="graemlins/banghead.gif" border="0" alt="[Bang Head]" />