states rights

States Rights, Slavery, the 14th Amendment and Religious Liberty

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Have you ever wondered what legal mechanism existed that permitted the legalization of slavery in the United States after the Bill of Rights was ratified in 1791? How it was that men, women, and children were held in bondage after Francis Scott Key wrote the famous words, “land of the free, and the home of the brave” in 1812? How segregation persisted in law until the late 1960s?

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Why the 14th Amendment and Federal Courts are Essential to Protecting Religious Liberty

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Have you ever wondered what legal mechanism existed that permitted the legalization of slavery in the United States after the Bill of Rights was ratified in 1791? How it was that men, women, and children were held in bondage after Francis Scott Key wrote the famous words, “land of the free, and the home of the brave” in 1812? How segregation persisted in law until the late 1960s?

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States Rights and the Religion Clauses: Examining the North Carolina Resolution

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This week, two members of the North Carolina House of Representatives submitted a resolution which would declare that “the Constitution of the United States of America does not prohibit states or their subsidiaries from making laws respecting an establishment of religion.” In other words, the legislation declared that that the state could make its own laws about religion and the federal government would not be able to stop them. Although the resolution is not likely to be approved, it does deserve some serious examination as it reflects a common argument arising in the religious right that the Establishment Clause does not apply to the states.

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