Only half of the First Amendment applies to the states

[ksen]

http://www.slate.com/articles/news_...court_upholds_sectarian_prayer_at.single.html

Thomas adds that in his view the First Amendment religion clauses don’t apply to the states in the first place.

So what else in the Bill of Rights shouldn't apply to the several States?

 

[ksen]

Ooohhh, that didn't take long!

Official Moves to Christianize His County After Supreme Court Ruling

 

[dismal]

http://www.slate.com/articles/news_...court_upholds_sectarian_prayer_at.single.html

Thomas adds that in his view the First Amendment religion clauses don’t apply to the states in the first place.

So what else in the Bill of Rights shouldn't apply to the several States?

None of the Bill of Rights applied to the States (except those that specifically do.) until the USSC said they did.

Incorporation to the states is 1) fairly recent and 2) done on a case by case basis.

http://en.wikipedia.org/wiki/Incorporation_(Bill_of_Rights)

 

[ksen]

And apparently on a clause by clause basis too . . . sometimes within the same amendment even!

 

[Nice Squirrel]

Congress shall make no law.

 

[Trausti]

Eh, think it should be made clear that this view is shared only by Thomas and Scalia. Thomas acknowledges that this is him on his hobby horse disagreeing with established precedent. Part II of Thomas's concurrence seems to circle back to Kennedy's opinion (which seems the right decision given the facts). I'm of the view that the 14th amendment incorporated all of the bill of rights against the states; otherwise, what other foundation is there to define "liberty" or "equal protection"?

 

[Derec]

Kennedy's opinion (which seems the right decision given the facts).

In what way do facts support constitutionality of sectarian prayer at government meetings?

 

[Jimmy Higgins]

http://www.slate.com/articles/news_...court_upholds_sectarian_prayer_at.single.html

Thomas adds that in his view the First Amendment religion clauses don’t apply to the states in the first place.

So what else in the Bill of Rights shouldn't apply to the several States?

None of the Bill of Rights applied to the States (except those that specifically do.) until the USSC said they did.

Incorporation to the states is 1) fairly recent and 2) done on a case by case basis.

http://en.wikipedia.org/wiki/Incorporation_(Bill_of_Rights)

Well, fairly recently as in starting around the late 1800's.

- - - Updated - - -

Kennedy's opinion (which seems the right decision given the facts).

In what way do facts support constitutionality of sectarian prayer at government meetings?

According to SCOTUS, inertia.