Constitutional horror: Clarence Thomas argues states can establish official religion - See more at:

[ashling]

http://www.patheos.com/blogs/progressivesecularhumanist/2014/05/constitutional-horror-clarence-thomas-argues-states-can-establish-official-religion/

Thomas believes the First Amendment’s Establishment Clause does not apply to the states. The Establishment Clause is that part of the First Amendment that says “Congress shall make no law respecting an establishment of religion.”
The Establishment Clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another, or none.
While Thomas believes that the Establishment Clause “probably” prohibits the federal government from establishing an official, national religion, he sees no problem with individual state establishing an official state religion.
In the recent, disastrous Supreme Court ruling that found Christian prayers used to open government meetings to be constitutional, Thomas went further than his other conservative colleagues in condoning sectarian prayers at government functions. In his dissenting opinion Thomas disputes the widely accepted notion that the First Amendment’s ban on the “establishment” of religion even applies to state and local governments.
- See more at: http://www.patheos.com/blogs/progressivesecularhumanist/2014/05/constitutional-horror-clarence-thomas-argues-states-can-establish-official-religion/#sthash.HxsAv8hH.dpuf

[font size = 2]State Churches? Justice Clarence Thomas Hears the Call[/font size = 2]

http://blogs.wsj.com/law/2014/05/09/justice-clarence-thomas-and-the-church-of-virginia/

[dhill926]

1. what an embarrassment this guy is....

[daleanime]

2. +1

[elleng]

3. 'Incorporation' is a serious legal issue,

has been for a long time, that is,

The incorporation of the Bill of Rights (or incorporation for short) is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to 1925, the Bill of Rights was held only to apply to the federal government. Under the incorporation doctrine, most provisions of the Bill of Rights now also apply to the state and local governments.
Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in Barron v. Baltimore that the Bill of Rights applied only to the federal, but not any state governments. Even years after the ratification of the Fourteenth Amendment, the Supreme Court in United States v. Cruikshank (1876) still held that the First and Second Amendment did not apply to state governments. However, beginning in the 1920s, a series of United States Supreme Court decisions interpreted the Fourteenth Amendment to "incorporate" most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments.

http://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights

Thomas (and others) call themselves 'originalists,' so it's not really a surprise that he takes this position.

[Exilednight]

9. Yes, but it scares me that he "probably" thinks it applies to the federal level.

[sl8]

29. +1

[Agnosticsherbet]

4. This is why we must elect Democrats in 2016

Last edited Mon May 25, 2015, 01:51 AM - Edit history (1)

Republicans will apppont people like Thomas.

[shenmue]

27. 2012?

[Agnosticsherbet]

35. Thanks. I edited it.

[shenmue]

38. Okey

[BrotherIvan]

30. You can thank Joe Biden too

http://www.usnews.com/opinion/blogs/jamie-stiehm/2014/04/16/anita-tells-of-joe-bidens-forgotten-role-in-confirming-clarence-thomas

[Agnosticsherbet]

36. President George H. W. Bush apponted Thomas.

I don't agree with Biden's decisions, bu he is not the one who appointed Thomas.

[Exilednight]

5. I need to go change my shorts. That scares the shit out of me. n/t

[Terra Alta]

6. What's it going to take

to get this guy impeached?

[Demeter]

16. I'm asking God to do the impeaching

since there is no appeal and no work-around. Unfortunately, I doubt that women get His ear very often, if ever.

[spanone]

7. taliban thomas...

[awoke_in_2003]

8. What an imbecile. nt

[OffWithTheirHeads]

10. cause that is working out so well in Iraq.

[tabasco]

11. Where did this fucker go to law school?

I'm sure they're fucking proud of this ignoramus.

[BumRushDaShow]

21. Yale. nt

[surrealAmerican]

12. I bet his interpretation would be entirely different ...

... if his home state decided to establish Hinduism as its official religion.

[cstanleytech]

14. Or Islam.

[SusanCalvin]

15. Or anything but fundie Christianity.

His kind never think about sauce for the goose.

[Paka]

19. Good one!

[valerief]

13. Isn't there some way to can that bastard from SCOTUS? nt

[Bryce Butler]

18. Congress would have to impeach him...

House to bring up charges, Senate for trial.

[cstanleytech]

25. Which has a snowballs chance in hell of happening seeing as the Republicans have majority control

over the House and Senate.

[BrotherIvan]

31. I'm going to put him on my Die Already list

He's pretty young, but you never know. If you're directly responsible for killing people, on the list you go. I may be going to hell, but hopefully he's going first.

[Yavin4]

17. So, when Mormanland attacks Baptistberg, then we'll have Clarence Thomas to thank. n/t

[paleotn]

20. Ok.....

Then the 2nd amendment doesn't apply to state and local govs either. State and local govs can restrict or outlaw private gun ownership. Can't have it both ways, Clarence.

[drm604]

28. Good point!

[jmowreader]

22. Of all the atrocities Poppy Bush inflicted on this land, Clarence Thomas is the worst

Bankrolling Manuel Noriega was nothing compared to Clarence Thomas.

[ashling]

23. What did you expect?

[no_hypocrisy]

24. Couple of things:

1. The Fourteenth Amendment applies the Constitution and its Amendments to the states. Constitutional Law 101 at any law school.

2. Virginia tried the state religion thing once and threw all the Baptists in jail. That's what got Jefferson excited about the Establishment Clause of the First Amendment.

[shenmue]

26. What a fucking idiot

[Solly Mack]

32. He really needs to go back to shutting up.

[Gothmog]

33. Thomas was ranked as one of the five worst SCOTUS justices in the history of the SCOTUS

This is a well deserved dishonor http://thinkprogress.org/justice/2015/03/24/3636905/five-worst-supreme-court-justices-american-history-ranked/

[gollygee]

34. What other parts of the constitution does he figure states can ignore?

Should states have the right to ignore the 2nd amendment as well?

[Major Hogwash]

37. Tell Silent Thomas how Utah got in to the Union.

Evidently, he's not a history scholar either.