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Originally posted by TKDRL
Let me break it down for you. There is no seperation of church and state. The document people often cite, is the constitution. The constitution limits the federal government's power, not the states' power. If a state wants to declare an official religion, it can do so, unless the state's constitution prohibits it. The federal government cannot however claim a national religion.
Originally posted by TKDRL
reply to post by Curiousisall
What part of the 14th ammendment do you interpret to say that?
Originally posted by TKDRL
reply to post by Curiousisall
This case is about freedom of speech, and freedom of press.
Wiki You might have to click a link or two to fully understand it all but there you go. I hope that answers your question.
Originally, the First Amendment only applied to the Congress. However, starting with Gitlow v. New York, 268 U.S. 652 (1925), the Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government.
Originally posted by Curiousisall
Originally posted by TKDRL
reply to post by Curiousisall
This case is about freedom of speech, and freedom of press.
Yes, yes it is. I am not sure where you are but I am in a magical land where I have a thing called google. Give me a couple of minutes and I will go get this information and bring it right to you.
ETA
Wiki You might have to click a link or two to fully understand it all but there you go. I hope that answers your question.
Originally, the First Amendment only applied to the Congress. However, starting with Gitlow v. New York, 268 U.S. 652 (1925), the Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government.edit on 10/21/10 by Curiousisall because: had to use my googles
Originally posted by Freenrgy2
reply to post by Curiousisall
And the Supreme Court has never been known to make decisions that lean either liberal or conservative based on the current makeup of the judges appointed?
Originally posted by Freenrgy2
Originally posted by Curiousisall
Originally posted by TKDRL
reply to post by Curiousisall
This case is about freedom of speech, and freedom of press.
Yes, yes it is. I am not sure where you are but I am in a magical land where I have a thing called google. Give me a couple of minutes and I will go get this information and bring it right to you.
ETA
Wiki You might have to click a link or two to fully understand it all but there you go. I hope that answers your question.
Originally, the First Amendment only applied to the Congress. However, starting with Gitlow v. New York, 268 U.S. 652 (1925), the Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government.edit on 10/21/10 by Curiousisall because: had to use my googles
The case you bring to light has to do with free speech. It has nothing to do with "separation of church and state" which is being discussed here. From what I understand, this case dealt with the subject of free speech and the responsibility of such. This particular case dealt with speech that advocated overthrow of the current form of government and whether the state could take action against individuals or groups (socialists) for uttering such.
The court decided that the due process clause protected these individuals from the State in the 14th ammendment, the same way we are protected federally with the Constitution. Therefore, unless an individual or group "leads to actual disturbances of the peace or imminent danger of the State's destruction", by way of their
"free speech" then they shall not have this right infringed upon at the state level.
Originally posted by astrogolf
reply to post by pirhanna
O'Donnell was absolutely correct.
The term "seperation of church and state" is not found in the constitution or the Declaration of Independence.
The constitution simply states that congress shall not establish a religion or prevent any individual from practicing their own religion.
There is no statement made that precludes allowing citizens to pray in school, at football games or printing "in god we trust" on currency. This is an invention of liberals.
Originally posted by yoesse
Does anyone know what pedantic sarcasm is? I'll clarify. "separation of church and state" is not in the constitution. That is a heading in textbooks to DESCRIBE someones opinion as to the effect of the 1st amendment.
She asked where those WORDS appeared in a pedantic sarcastic question. Few people it seems have the reasoning power to understand more than literalness.
"The First Amendment does?" O'Donnell asked. "Let me just clarify: You're telling me that the separation of church and state is found in the First Amendment?"
Originally posted by yoesse
I still don't see the words she was asking about. They aren't there. That was the whole point. Her opponent seems to think there are words in the amendment that in fact do not exist. "Separation of Church and State" is just a paraphrase/translation/opinion of what the amendment covers.