Forwarded message:
Date: Tue, 15 Sep 1998 23:09:03 -0500 From: Jaeger <Jaeger@hempseed.com> Subject: Re: Democracy...
and the meaning is not that church shouldn't have an effect on the state.
Agreed. The state CAN support one
religion over another.
If we are speaking of 'the state' as the 'federal government' then *no* it can't support any religion because it isn't authorized to address those issues under any venue, make no law means just that, make no law - whether for or against religion is irrelevant. This country is blind in respect to religion and the cornucopia of individual actions via the 9th & 10th. Now if you are speaking of 'the state' as the individual 50 states, regulated within the confines of their own 50 individual constitutions, as directed per the 10th then you are correct - provided the state constitution gives the state government the duty (governments don't have rights) to regulate religion, the fact is most don't. If there is no individual state regulation then the limitations of religion fall upon individual discretion. Whether the religion promoted going to heaven, smoking good ganja, or rapeing babies is irrelevant as to the ability of the state to engage in prior restraint - they can't. Since most local jurisdictions have laws against murder, rape, child molestation, etc. under their individual charters and representative system there is really no reason to a priori regulate such activities at any higher level than localy. It isn't the act that we should worry about, it's the consequences to others after the fact. If an act doesn't effect another person or their property directly then there is no legitimate reason to interfere with their actions. Constitutionaly the federal government should be blind to my actions as an individual unless I'm crossing a state line, work for the federal government, legal action, or have a treasury issue.
In context, the phrase simply explains that the government can't make laws that RESTRICT religious practice or doctrinal issues.
Bullshit. There is NO way to reasonably accept this as a legitimate interpretation of the 1st & 10th.
The state CAN make laws that encourage the practice of any one particular religion, as long as the laws do not RESTRICT the PRACTICE of other religions. Making people uncomfortable isn't a constitutional reason to overturn a law.
No. Niether the spirit or the letter of the issue allows such sweeping generalizations. In fact it fails for the same reason that mass searches fail strict Constitutional interpretation, the Constitution directs that probable cause is required *IN EACH CASE* to be handled individualy, there is no stipulation where individual probable cause may be bypassed. Just because you do it to everyone, while you can't do it to anyone, legitimizes it. If you can't rape an individual you can't rape 10 people. The same applies to religion, the federal government can't make a law respecting a religion because it can't even define religion. Now if you can't support any religion you certainly can't support an individual religion. ____________________________________________________________________ The seeker is a finder. Ancient Persian Proverb The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------