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"The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church."
That is only theory until SCOTUS agrees. The first amendment says nothing about states, swimexpert.
Our elected representatives are not delegated any social Power to establish Religion.The Constitution does not prohibit a state from declaring itself Christian, Muslim, or Jewish
How does it violate the 1st Amendment?Certainly within the law, such an action will spark intense discussion, I think. Whether I agree or not, my left and right sides of the brain are in disagreement at the moment.
Republicans propose declaring Idaho a Christian state - Yahoo News
This is the same state that is trying to make it legal for people to kill their kids by withholding medical treatment and the child dies.
If Idaho passes this law it will quickly be struck down. It's a violation of the first amendment to the constitution.
Thanks for that. I stand corrected.How does it violate the 1st Amendment?
The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect "a wall of separation between Church and State."
Everson v. Board of Education, 330 U.S. 1, 15-16 (1947)
Certainly within the law, such an action will spark intense discussion, I think. Whether I agree or not, my left and right sides of the brain are in disagreement at the moment.
Republicans propose declaring Idaho a Christian state - Yahoo News
"When fascism comes to America, it will be wrapped in the flag and carrying the cross." Sinclair Lewis
"The state action requirement stems from the fact that the constitutional amendments which protect individual rights (especially the Bill of Rights and the 14th Amendment) are mostly phrased as prohibitions against government action. For example, the First Amendment states that “[c]ongress shall make no law” infringing upon the freedoms of speech and religion. Because of this requirement, it is impossible for private parties (citizens or corporations) to violate these amendments, and all lawsuits alleging constitutional violations of this type must show how the government (state or federal) was responsible for the violation of their rights. This is referred to as the state action requirement. "
State Action Requirement Wex Legal Dictionary Encyclopedia LII Legal Information Institute
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
In other words, not Congress nor sub-Congressional level entities or individuals can make a law respecting any particular religion.
Lewis was so dead wrong in that statement. It should have read ""When fascism comes to America, it will be wrapped in govt and carrying the guise of freedom"
I do as well.Thanks for that. I stand corrected.How does it violate the 1st Amendment?
The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect "a wall of separation between Church and State."
Everson v. Board of Education, 330 U.S. 1, 15-16 (1947)
We can agree to disagree on that point, but it is not a debatable issue that this law goes against the spirit of American values and the principles this country was founded upon.The Constitution prohibits the U.S. "Congress" from passing laws respecting the establishment of religion. No such restriction exists on the individual states. The Constitution protects the nation on a federal level from becoming a theocracy; but not on a state level. As long as such a self-declared Christian state doesn't interfere on its residents' practice of other religions or lack thereof, I see no violation of the Constitution.
One of the major principles this country was founded upon, was the "separation of church and state".American values are not prohbitive.
The portion of the Constitution to which you refer is not yet been "incorporated" by SCOTUS, thus any state can constitutionally, right now, can establish a state religion. The Constitution prohibits politically only a national religion.
If Idaho were to pass such a law, I think SCOTUS would incorporate that portion of the 1st Amendment and overturn Idaho law. But for now, Idaho can do it.
