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HuggableBear 8 points ago +9 / -1

I guess you've never heard of the Supremacy Clause

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

This means the states can't make laws that contradict federal laws or the federal constitution. Their own state constitutions can only expand on the restrictions placed on federal government, not remove them.

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Oktheone 1 point ago +1 / -0

Nope, supremacy clause only refers to the powers delegated in the Constitution.

All other powers are delegated to the states.
Regulating religion was never delegated to the federal government. So that's up to individual states how to do it

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HuggableBear 1 point ago +1 / -0

No, it refers to the entire Constitution, which includes amendments.

No state may override any part of the Constitution, amendments included.

Sorry pal, this is settled law.

EDIT: To clarify, The tenth amendment is specifically for things not mentioned in the Constitution. Had freedom of religion not been established as part of the document, then you would be correct. Regulation of Telecommunications, for example, is something that had to be litigated and legislation written to clarify that the Federal Government does have power to regulate it since it can cross state lines and qualifies as commerce.

But because the First Amendment specifically states that Congress cannot regulate religion, that means that no state can do it either. If a power is specified to the Feds, it's a fed power. If a power is not mentioned, it is a state power.

But any restrictions that are mentioned apply to all levels of government.

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Oktheone 1 point ago +1 / -0

That's a completely of opposite view of the bill of rights than what Madison and Jefferson had. But we are smarter than they were.