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Originally Posted by Bold Brooklynite
Ummm ... like ... you're making my point ...
... it says "Congress" ... "shall make no law" ... it makes no prohibiton whatsoever on the states.
Now do you get it?
Good ... I knew you would.
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BB, you and Scalia have the same position on that amendment, but it seems to me that applying it to mean the states can declare a state-approved religion would also mean the states can pass laws declaring all kinds of rights in the Amendments illegal. You can't convince me that the Founding Fathers, who made sure the word "God" didn't appear once in the Constitution, intended for states to be allowed to have their own approved religion of state. Go read the rest of the amendments and imagine what a nation would be like if states were allowed to ignore any of them because they "don't apply to the individual states." I'd like to see Scalia explain to the population why states should be allowed to individually permit unreasonable search and seizure, or to deny their residents a fair trial.
In the meantime, Danzig, good luck. I'll be thinking of you- I think you're doing the right thing.