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Not necessarily in all cases. There are cases where federal law will dominate. I'm not saying this is necessarily one of them; that is to be determined by lawyers and judges. It can require a lot of knowledge of Constitutional law and precedents. The point is just that these things are not necessarily as black and white as you may think.
well that was why I said in parentheses federal/state conflicts being equal yada yada
well that was why I said in parentheses federal/state conflicts being equal yada yada
In that case, it should be obvious to you why the federal government would DARE to challenge the law. This is the case of a federal/state conflict. The boycotts are just sensationalist window dressing; the real Constitutionality and federal-state precedent should and will be determined in court.
Separation of church and state was mentioned in a letter from Jefferson to the Danbury Baptists....not the Constitution.
And of course, Article 1, section 8 ( I believe) does mention "states rights" and the limitations of the feds...so I'll do some research on "states rights" to see what they are...
BL
Article I Sec. 8 are enumerated powers to Congress. The 10th Amendment "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." is the basis for "state's rights".
Naturalization is an enumerated power: "To establish an uniform Rule of Naturalization..." Therefore, there are no states rights with respect to immigration. Federal supersedes and preempts states laws.
It is pretty clear that the intent of the Establishment clause was to keep government out of the business of the church and not prefer one faith over another. It did create a separation between church and the state and that's been to the benefit of the church. Look at how the church has grown here and the religiosity expressed in daily life. Regular church attendance is much higher here than in most industrialized western nations because the church and state have been separated.
Article I Sec. 8 are enumerated powers to Congress. The 10th Amendment "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." is the basis for "state's rights".
Naturalization is an enumerated power: "To establish an uniform Rule of Naturalization..." Therefore, there are no states rights with respect to immigration. Federal supersedes and preempts states laws.
It is pretty clear that the intent of the Establishment clause was to keep government out of the business of the church and not prefer one faith over another. It did create a separation between church and the state and that's been to the benefit of the church. Look at how the church has grown here and the religiosity expressed in daily life. Regular church attendance is much higher here than in most industrialized western nations because the church and state have been separated.
My original post stands...Separation of church and state was mentioned in a letter from Jefferson to the Danbury Baptists....not the Constitution.
The kid has yet to respond.
While Your response is much more informitive, and a worthy one at that...it leaves others to respond to a statement made by kid troll....He should be able to back up his/her posts of supposed facts.
My original post stands...Separation of church and state was mentioned in a letter from Jefferson to the Danbury Baptists....not the Constitution.
The kid has yet to respond.
While Your response is much more informitive, and a worthy one at that...it leaves others to respond to a statement made by kid troll....He should be able to back up his/her posts of supposed facts.
But, thanks anyway
Regards,
BL
The first Amendment of the Constitution explicitly prohibits the state from establishing any religion. Anyone with a half a brain understands this to mean separation of Church and state.
How DARE these other states (or even the POTUS for that matter) seek to bring down another state's sovereign rights to govern as they see fit?
It is up to the Arizona legislature to make laws to govern their own citizens. It is not up to other states to do this (all federal/state conflicts being equal yada yada) and these protests and so called boycotts just serve to make those states look foolish in the extreme.
Perhaps Az should start telling oh, let me think, Ca and others how to run THEIR states?
There was a war..and a series of laws in the 1960's that handled that.
Perhaps you missed the memo...
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