Re: Keep the Merry, Dump the Myth billboard
Posted: Tue Dec 18, 2012 4:25 pm
They did put it up in this country. It was in an arab neighborhood in the United States.ArcticFox wrote:That's a bit vague. I'd be interested in knowing the details.
Either way, what I'm talking about is the result if they put up a billboard like that in this country. I think public (and Government) reaction would be rather different. The State Department doesn't like it when Americans openly criticize Islam.
I agree with you that the Bill of Rights did not originally apply to the states but it currently does thanks to the 14th Amendment: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."selderane wrote:And the Bill of Rights were a restraint placed against the federal government, and the federal government only. The states were afforded much broader powers.
While you may feel that no state should do X, Y, or Z, there is nothing within the Bill of Rights that says they do not have that power. You're reading authority into that document it was never authored to have.
Whether they "ought to" have that right is an interesting question, as long as we all understand that under the current constitution they in fact don't have that right. If a city was founded with a religious document as its town charter then that would certainly be a violation of the first amendment as applied to the states through the fourteenth amendment. The authority of local governments flows from the power of the states. Any constitutional provision that limits the states also limits cities. Because established religions violate the 14th Amendment (it is legally considered a "due process" right--i.e., if you can be prosecuted for violating a holy book, then that isn't due process because the right against established religions is a fundamental right enshrined in the bill of rights). And no matter how narrow one reads the establishment clause, founding a government on a particular holy book would violate it under any interpretation that I know of. So regardless of what you think ought to be the case, the legal reality is that founding a city with a holy book for a charter would be illegal.So you agree with me. You agree that if a group of people want to go off and found their own city, with whatever holy book they hold dear (On the Origin of Species, Atlas Shrugged, the Bible...) as the town charter, they ought to have that right.
And I don't think it "ought to" be legal either. The only difference between a federal government imposing a religion on its people and a city imposing a religion on its people is the size of a government. A small tyranny is still a tyranny. No one in America should be subject to a government-coerced religion, and because all government action is coercive (it's all funded by taxes that are not voluntary) that pretty much means that any time a government acts to boost a favored religion it is exercising a tyrannical form of power.
There is no inconsistency here. The Bill of Rights was enacted to constrain the government and broaden the rights of individuals. ArchAngel is saying that the Bill of Rights should be read broadly, that is, they should be read as giving individuals broad rights and as corollary constrain the government more. It would be a narrow reading of the individual rights that would be inconsistent with the goal of those rights.And I find it puzzling that you place such value on a document that was written as a buffer against the very thing you advocate in your first sentence: The Constitution being interpreted broadly.
Simply put: Anti-Federalists feared that the Constitution wouldn't bind federal power enough, and sought to enumerate explicitly areas it could not go. Federalists, on the other hand, felt such an enumeration was unnecessary because what the Constitution didn't explicitly give the federal government was reserved for the states. Furthermore, they feared that such an enumeration might be read to mean whatever wasn't covered could be encroached upon by federal power.
The Bill of Rights is the product of a compromise between these two factions. An explicit limit on the powers of the federal government beyond those already implicitly contained within the Constitution.
Read the Constitution as widely as you wish, but understand that the Bill of Rights exists specifically to defend against that very act.
If ArchAngel was arguing that we should broadly read the commerce clause or something that gives the government power, then you're point would be more appropriate. But the Bill of Rights are limits on government power; therefore, the more broadly they are read the more limited government power becomes.