What keeps the states from establishing an official religion?

Question

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.

This specifically refers to Congress. Why can't the states ordain their own official religions, ban other religions, control what people can say or print, or ban assemblies? Or ban petitions?

Of the 14th amendment, which part? No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States?

Not a Christian fundamentalist or anything, by the way, just trying to understand how the law works... it specifically states the Congress may not do these things, not the States... if anything, there should be an amendment to correct this oversight

Answer 1

As far as I know, nothing prevents it, except our current concept of federal power in the USA. A state-funded religion would be unthinkable today, but remember, Americans believed in federalism after the country was founded.

As others have answered here, we don't believe in that anymore - authority is not "divided" between the state and national governments; what is not a national law, is left to the states.

In other words, what the feds aren't interested in assuming the cost of running, they leave for the states to administer. :<

Before the Civil War, Americans were citizens first of all of their state, not of the USA. You had your Viginians and your Rhode Islanders and your New Yorkers.

Not until after the Civil War, in fact, did we refer to the USA as a singular entity - it's true, before the War, we would say "...the United States are...", but after, we began saying what we say now - "...the United States is."

This is important to keep in mind, because we just take it for granted that federal power is supreme. This was not always so. (Ask anyone who pays state property taxes... and votes in state elections.)

So I'd urge us Answer-folk please keep these realities in mind before we judge another era's religious arrangements.

Answer 2

Because that would go against the constitution. We all have a right to free speach as well as the right to worship or not worship as we would like.

People are not educated in history. Our forefathers were NOT Christians they were deists.

DEISTS: Historical and modern deism (from Latin: deus) is defined by the view that reason and logic, rather than revelation or tradition, should be the basis of belief in God. Deists reject both organized and revealed religion and maintain that reason is the essential element in all knowledge. For a "rational basis for religion" they refer to the cosmological argument (first cause argument), the teleological argument (argument from design), and other aspects of what was called natural religion. Deism has also come to be identified with the classical belief that God created but does not intervene in the world, though this is not a necessary component of deism.

The states are not allowed by law to create their own religion and that's obviously a good thing.

Deists: Thomas Jefferson, Abraham Lincoln, George Washington, Aristotle.

Answer 3

A series of Supreme Court decisions incorporated parts of the federal bill of rights into the 14th amendment, which guarantees due process and prohibits states from denying equal protection of the law.

Answer 4

Because the liberal Supreme Court read into the 14th Amendment that all the Bill of Rights (except the 2nd, go figure) should apply to the States as well.

So, the states get hamstrung, and are not able to function the way the Founders intended.

Answer 5

I may be a little confused on the question but wouldn't the answer be because of the first and second amendment on the Constitution

Answer 6

The federal law ( laws created by congress ) supersede all other laws. The Constitution is the supreme law of the land and all laws ( city, state and federal ) must adhere to it.

Answer 7

Federal law SUPERCEDE'S state law. And Federal Law has says there shall be no laws of this kind.

This is also why states can't pass tax laws doing away with federal tax laws. Would be nice tho!

Answer 8

No state can pass a law that reduces and individuals protection under the Constituion.

Answer 9

The US Constitution is the supreme law of the land. All state laws and legislatures are subordinate to the US Constitution.

Answer 10

That is pretty much the whole reason why the Puritans left England, they wanted to be free to choose. That is why so many people say, "it's a free country."