FEDERALISM AND CHRISTIANITYNowhere has the war on tradition been so open as in the
area of religious tradition.Few will be likely to deny that federal courts in the last
sixty years have restricted the free exercise of religion by the
people, local communities, and the states. Here is a brief litany
of cases limiting this fundamental right.
|• ||In 1940, the Supreme Court asserted its authority to
intervene in state and local decisions involving religion in Cantwell
v. Connecticut, in which it applied the First Amendment's "establishment clause" to the states by the "incorporation doctrine."
The Fourteenth Amendment forbids the states to "deny ... the
equal protection of the laws," but the Court applied to the states
the Bill of Rights, originally intended by the First Congress to
be so many limits on the power of the national government,
because, as Justice Roberts wrote for the unanimous court, "The|
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: The Devil Knows Latin:Why America Needs the Classical Tradition.
Contributors: E. Christian Kopff - Author.
Publisher: ISI Books.
Place of publication: Wilmington, DE.
Publication year: 1999.
Page number: 55.
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