Reply To: Bill of Rights


I believe many states do (or at least did) have bills of rights, or at the very least, similar sounding articles in their own constitutions.

Keep in mind that prior to the civil war, the bill of rights was NOT interpreted as binding on the states. Many states, for example, established an official state religion, and the federal government never made a peep about it. Then of course we had the civil war, and the 14th amendment, which was interpreted as making the provisions of the U.S. constitution (and most federal laws and regulations as well) as completely binding on the states.

So I guess my point is that the BOR might have held up a little better, were it not for the civil war and the 14th amendment. At the very least, we wouldn’t have the Supreme Court ruling on school prayer or gun bans or any such things.