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I agree the OP's quoted law is unconstitutional and not legally enforceable. But realistically? I'm from Mississippi and have many friends and relatives still there. Any politician who publicly "denies the existence of a Supreme Being" will never be elected again. I'm not saying it's right, just saying that's the way the majority of citizens think.
Maybe slightly off topic, but does anyone here think someone who publicly "denies the existence of a Supreme Being" could ever get elected President? Personally, I don't think it'll ever happen.
Maybe slightly off topic, but does anyone here think someone who publicly "denies the existence of a Supreme Being" could ever get elected President? Personally, I don't think it'll ever happen.
Actually, the 1st amendment was one of the few that was originally intended (and explicitly written) to apply only to the Federal government, not to state or local govts. It says "Congress shall make no law respecting an establishment of religion, nor prohibiting the free exercise thereof... (and several other things)". It does not specify any such ban at all for state and local governments. This was in part due to the fact that most states in 1791 had official state religions, which the Framers didn't want to interfere with.
Contrast this to, say, the 2nd amendment, which does not name ANY specific government, and so was originally intended to ban ALL governments in the US from taking away or restricting people's right to keep and bear arms. This is true for several other amendments, too.
The 14th amendment later changed the scope of the 1st amendment, "incorporating" its ban onto state and local governments too. Obviously, it had no effect on the 2nd (and other) amendments which already had that scope.
It's often a hoot to see big-govt advocates insist that the entire Bill of Rights was intended to apply only to the Federal government. Clearly they haven't even read the BOR... or at best, have not thought about what they read.
Actually, the 1st amendment was one of the few that was originally intended (and explicitly written) to apply only to the Federal government, not to state or local govts. It says "Congress shall make no law respecting an establishment of religion, nor prohibiting the free exercise thereof... (and several other things)". It does not specify any such ban at all for state and local governments. This was in part due to the fact that most states in 1791 had official state religions, which the Framers didn't want to interfere with.
Contrast this to, say, the 2nd amendment, which does not name ANY specific government, and so was originally intended to ban ALL governments in the US from taking away or restricting people's right to keep and bear arms. This is true for several other amendments, too.
The 14th amendment later changed the scope of the 1st amendment, "incorporating" its ban onto state and local governments too. Obviously, it had no effect on the 2nd (and other) amendments which already had that scope.
It's often a hoot to see big-govt advocates insist that the entire Bill of Rights was intended to apply only to the Federal government. Clearly they haven't even read the BOR... or at best, have not thought about what they read.
Article six looks like it applies to states too.
Quote:
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
When will you be listing all those violations you mentioned in your thread title? I came in here expecting to see something in violation of the 1st Amendment and find one State violating Article 6 of the Constitution. If you don't know the difference in the 1st Amendment and any part of the original Constitution, maybe you ought to read the whole thing,
How old is this Mississippi law and how long since it has been enforced. Surely you have a source to show us that.
When will you be listing all those violations you mentioned in your thread title? I came in here expecting to see something in violation of the 1st Amendment and find one State violating Article 6 of the Constitution. If you don't know the difference in the 1st Amendment and any part of the original Constitution, maybe you ought to read the whole thing,
How old is this Mississippi law and how long since it has been enforced. Surely you have a source to show us that.
I said I understand that it is unenforceable. I wanted to know if there were other examples on unconstitutional laws on the books.
I said I understand that it is unenforceable. I wanted to know if there were other examples on unconstitutional laws on the books.
i am sure there are plenty of examples of state laws on the books now that are unconstitutional. however that they have not been decreed unconstitutional only means that they have not been challenged by those that broke the laws through the supreme court of the US. until that happens, the laws, unconstitutional though they may be, are still enforceable until such time as they are are struck down.
Legislatures generally don't waste time repealing laws that have been invalidated by one or more courts, for a variety of reasons.
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