Topic: Are religious right protected by the constitution? | |
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It came up in another thread that at least on person does not think the
Bill of Rights protects my right to practice the religion of my choice. It was allso postulated that individual states can limit my right to practice the religion of my choice as that is a state right and the federal government is not allowed to interfere with the states. THESE ARE NOT MY OPINIONS... I do not agree with either one of these statements however I would like to know what other people think of this subject. |
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I believe that as long as your religous beliefs do not harm other
people, what you practise in your home or place of religion is entirely up to you |
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it's my understanding that animal sacrifice, for instance, is protected
under the constitution and that no state may pass any law that circumvents this, such as making the killing of animals only legal in a slaughterhouse. |
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What about deflowering virgins?
'cos Im one ... available for deflowering any time your sister decides she needs the practice! |
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yes, dunc...you can be the altar...i'll bring her, and let her perform
atop you. now how i'm going to convince her it's all a dream, i'm not quite certain. |
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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. That seems pretty cut and dried to me. |
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The first admendment is very clear on the subject, "Congress shall make
no law", but Article Ten states "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people". Since the First Admendment prevents Congress from making laws that prohibit the free exercise of religion, but DOES NOT grant the right to free exercise of religion, the Tenth Admendment gives the states the powers that are denied the Congress in the first Admendment. |
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Within the bill of rights.
'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .' Article Six of the Constitution of the United States... Clause Two of Article Six might have some bearing here. Clause two provides that the Constitution, federal laws made pursuant to it and treaties made under its authority, constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be upheld. Even state constitutions are subordinate to federal law. From reading this I believe that any state that makes a law governing religion or the practice of religion would find themselves to be in violation of the Bill of Rights. Should the state claim that the making of such a law was within the realm of the ammendant regarding states rights that claim would be in direct contravention of this Article. |
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AdventureBegins,
You know what, you are right in a way. I was not aware that certain parts of the Bill of Right have been incorporated, thus applying to all the states as well. As written, the Bill of Rights / Constitution does not apply to the States, but the Supreme Court has filed decisions that enforce certain items in the Bill of Rights on he States. |
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Yeah but I have noticed lately a subtle erroding of the individual
rights by the feds themselves. Kinda wondering if at some point they might completely remove or attempt to remove them. |
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If they do I would expect them to do it by subtle erosion and
interpretation rather than a direct assault. JMO |
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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. I did read the posts but I think there is a mistake in the thinking. The first amendment simply states that there will be no Federal law that upholds or faults any value or moral based on religion. It then goes on to say it (the Federal Government) will not prohibit the free...... or the right of the people peaceably to assemble (this concept includes, assembling for religious purposes). You see, there was much persecution in the past of those who assembled for religious purposes, and some states tried to pass laws that would disallow such assembly, but they CAN NOT. |
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Hmmm, does the term "Freedom of Religion" ring a bell? This is why there
is a separation of Church and State. The constitution and the bill of rights protect our Rights, so as long as our religions do not violate the rights of others...it's all gravy baby. Of course, there HAS been an eroding of individual rights... |
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