There is no constitutional power over a state law regarding the banning of sharia law.
Dear
Tennyson
If Muslims petition to change the wording because "Shariah Law" is overly broad
and unintentionally bans voluntary practice of prayer and charity by Muslims in private,
but the state does not accommodate this as a religious conflict or bias,
then the federal govt could be petitioned if it doesn't get resolved on a state level.
Emily,
There is no constitutional concept of a state or individual petitioning the federal government over the Bill of Rights.
Nonsense
Tennyson how can prohibition be repealed if there wasn't a process?
if amendments can amend the Constitution, certainly they can clarify other amendments,
such as clarifying that free exercise of religion applies to ALL beliefs and creeds
not just members of organized religions.
Emily, as we learned in school, the 18th amendment instituted prohibition. The ONLY way it could be repealed was by passing the 21st amendment (Repeal of Prohibition).
Can you for ONCE give an example of free exercise of religion that's not applied properly? Native American Tribes can use "magic Mushrooms". SCOTUS ruled that two native Americans could be prosecuted for using peyote, which violated Oregon law. Just like FLDS can be prosecuted for Actual Plural marriage (Utah prosecuted in the past, even when only one marriage was a civil marriage, and others were just religious). Nevada, on the other hand, would not prosecute.
What do you think needs clarified? Don't you grasp some of these are intentionally broad? There won't ever be fine grain to your point, where Fred can marry Bob only on Wednesdays in a lean-to on public property by a man with top hat and cane, and must call it gayboy marriage. Note the topic. It's not prohibition. It's not the first amendment. It's the 14th. Do you think we are going to rewrite that amendment, or "clarify" it? Just how so?
You quite apparently aren't familiar with the process of amending the constitution. You can't just go through and tweak a word here and there. The 14th amendment, for example, covers abortion, marriage, Civil Rights of all Americans, equal rights and protections of former slaves, etc. The first amendment prohibits the making of any law respecting an establishment of religion, ensuring that there is no prohibition on the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble, or prohibiting the petitioning for a governmental redress of grievances. Do you really think a majority of people in the majority of the states are going to agree to your proposals (since you won't name them)? Do you realize that we the people could certainly challenge the
procedural validity of the Amendment, and thus attempt to sever the Amendment from the Constitution, on the off chance it passed? Do you know how long it can take? One of the first amendments proposed (prohibits any law that increases or decreases the salary of members of Congress from taking effect until the start of the next set of terms of office for Representatives) - was proposed to Congress on September 25, 1789. It became our latest amendment, and ratified on May 5, 1992, completing a record-setting ratification period of 202 years, 7 months, and 10 days.The 26th amendment, lowering the voting age, was discussed since WWII, but actually was ratified in March of 1971. The 25th Amendment (succession of the President), supersedes the ambiguous wording of Article II, Section 1, Clause 6 of the Constitution took over 2 years to pass.
Dear
Sneekin
A. I was responding to your statement that the Amendments could not be "petitioned" to change by individuals or states:
(Sneekin: There is no constitutional concept of a state or individual petitioning the federal government over the Bill of Rights.)
I brought up the Prohibition Amendments which you and I agree was changed correctly using the given process:
(Sneekin: Emily, as we learned in school, the 18th amendment instituted prohibition. The ONLY way it could be repealed was by passing the 21st amendment (Repeal of Prohibition).
This is what I meant.
The Amendments can be changed by the same process it takes to Amend the Constitution.
Sorry if we were talking past each other, because apparently we do agree there is a set process for doing so.
B. Back to this issue of the First Amendment.
Given the environment we have now, where people cannot even make sense of each other's political beliefs,
I think it is LONG OVERDUE that we have an open conference on the issue of Political Beliefs and the role of parties and govt
in social legislation that not everyone agrees belongs on federal, state or local levels.
I see no reason we cannot separate these tracks and let the public choose to what extent to go with
govt and what to manage privately.
To me, it's just as wrongful and damaging for people who want govt run health care and social programs
to impose that on free market believers, as it is for the free market advocates to force privatization on people who
want to go through govt!
Sneekin this battle has be en going on since the beginning, but the arguments about socialization and
dependence on govt kicked in during key stages, following the Great Depression and using govt to support
recovery, and also later with more Social Security, Medicare/Medicaid and now ACA.
We have BEEN in a long process already of trying to hash this out.
And now, we have the INTERNET that can speed up and organize the process by
helping represent groups by party which will streamline the process into maybe a dozen major groups.
So if we go through that system, we can better organize the factions that are within each state
and help states represent their full populations by party as well.
Yes, it has taken a long time to get to this point.
That's more reason to go ahead and plow through this to get to resolution,
rather than fear the process won't get there and thus drag it out.
It's like a couple that would be better friends, partners and parents
if they quit arguing over the same bank account, and agreed to
split into 3, one for each partner, and one that they use for agreed shared expenses.
The relationship would be healthier and more productive if we didn't bog it down
with unnecessary conditions imposed by one side or the other, but agreed to
counseling to sort it all out.
And whatever is to o much trouble or cost to separate, Of Course,
we can keep that in the joint account.
But if people are going to strangle and censor each other for control of that account,
I say no, that's not worth it and not working!
I believe even by OFFERING the opportunity to work through these issues,
and give people a choice, a lot of the political pressure can be removed that
is STRAINING relations and communications. Take the FEAR and FORCE out
of the equation and foster mutual RESPECT and INCLUSION.
And it changes the nature and spirit of the process to be collaborative not hostile.
That will speed things up and focus on solutions we can develop.
Thank you
Sneekin you have renewed my faith there are
intelligent articulate people out there adept in the process and knowledge of the laws
that we could work this out as efficiently as possible, and NOT waste time on things that won't work.
I hope you and others like you will come out and help
facilitate a process by which we can address these longstanding issues
for purpose of resolution. Because it will change how we address conflicts
to a more user-friendly constructive approach, it will be worth the time and effort.
Thank you!!!