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Place of worship - church board approval to carry

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CitizenClark:

--- Quote from: GreyGeek on May 21, 2013, 03:55:57 PM ---Indeed!   The pretext for suppressing a Christian's exercise of their 1st Amendment rights in public schools settings was  the assertion that John Q Public wouldn't be able to distinguish between Congress passing laws and School boards creating policies.  This is a classic example of using twisted logic to stand the 1st Amendment on its head.   Christian students had, for over two centuries,  practiced their religion in public schools, wrote school papers about their Faith and experiences, prayed over their meals, and even at school events.  For two centuries politicians and citizens understood what the 2st Amendment said and meant. 

Suddenly, the School Boards had to establish regulations forbidding that which had been a Constitutional right for centuries, and really still is, doing in effect what Congress cannot do, pass laws prohibiting the free exercise of religion or establishing a religion.  It was a clever back-door attack by the ACLU, and the tactic has been repeated several times on other political topics, including the 2nd Amendment.  It is rare that the ACLU will support a "Founding Fathers" position  on a question concerning the Constitution.  They are a bunch of clever lawyers but they aren't smart enough to see that they are cutting their own throats.

--- End quote ---

Well, the Bill of Rights didn't apply to the states or their political subdivisions until after the Civil War because that was when the ratification of the Fourteenth Amendment occurred: http://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights

GreyGeek:

--- Quote from: CitizenClark on May 21, 2013, 05:02:39 PM ---Well, the Bill of Rights didn't apply to the states or their political subdivisions until after the Civil War because that was when the ratification of the Fourteenth Amendment occurred: http://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights
--- End quote ---

The Bill Of Rights did apply to individual citizens of the United States onward from time of their ratification by the States in December of 1791.  The problem was that it was applied it asymmetrically, based on race and religion, of all things.  Regardless, since the 14th was ratified, as you pointed out, the BoR applies to everyone in the United States, regardless of which state they live in, so my remarks stand.

Bucket:
Not to nitpick, but the Bill of Rights doesn't apply to citizens, in that rights are presumed to exist external from the government.  The Bill of Rights set out a list of things the Federal government could not do.  As CitizenClark states, those limitations didn't apply to the States until the passage of the 14th Amendment.  Prior to that, it was state Constitutions that governed limits on State action.

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