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From: jak@talcott.UUCP (Joe Konstan)
Newsgroups: net.legal,net.religion,net.religion.jewish,net.politics
Subject: Re: Re: Re: Violation of separation church and state????
Message-ID: <446@talcott.UUCP>
Date: Sun, 26-May-85 17:46:00 EDT
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Posted: Sun May 26 17:46:00 1985
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> The First Amendment prohibits the Federal Government, i.e., Congress,
> from passing such laws, but even that is quite different than most
> people think.  I don't have a copy of it here in front of me just now,
> so I will not attempt an analysis of it.  Briefly, there are 2 main
> clauses to it, the Establishment clause, which prohibits Congress from
> establishing a state religion, & the Freedom clause, which prohibits
> the Congress from passing laws which restrict the exercise of any
> religion.
> 
> A basic principle of Constitutional law is that all powers which are
> not explicitly granted to the Federal government are reserved to the
> states.  The Constitution is silent regarding powers of the states to
> establish or regulate religion or religious activity.  There is ample
> precedent allowing states to regulate commercial activity in anyway
> they see fit that is not specifically prohibited by the Constitution
> or allowable Federal law (e.g., the Interstate Commerce Act).  Some of
> the ways states (& cities) see fit to regulate commerce range between
> silly & insane...
> 
> -- 

Not completely true.  All powers not delegated to the federal government
are reserved to THE PEOPLE or the states.  The fourteenth amendment has
been interpreted by the Supreme Court as a method of constraining state
action so that it is consistent with the bill of rights.  No state can
deny you freedom of speech, or establish a religion, because of the
effect of the 14th amendment.

Commerce comes under a separate case (not individual rights) but states
are prevented from impairing the obligation of contracts, etc. and do
not have complete authority to do anything (due to judicial review,
rational relations to a legitimate goal, etc.).  They do, however,
exercise significant authority, outside of rights-oriented legislation,
from the domain of "police powers."

Mithrandir
jak@talcott