Strict Constitutionalism, part 2: are we that close to the edge of totalitarianism? Actually, more to the point... I agree with Hunt when he says that it is insane to suggest that the the Establisment Clause of the first amendment only pertains to the Federal government.

I suppose you can literly interpret the "Congress" in "Congress shall make no law respecting an establishment of religion" as meaning the federal legistlature, but this would mean that State's could pass laws counter to our inbred assumptions of freedom of speech, etc.

However, I'm struck by Hunt's assersion that this interpretation would mean that there would be "widespread censorship, political and religious prisoners, and state-run press with no independent accountability." Don't most State's have constitutions that reaffirm the rights given in the first amendment of the federal constitution? Also, assuming not, would the people of a particular state stand for anti-freedom laws if they were to be passed?

I don't believe that we're that close to the edge of totalitarianism. I generally trust the people and I don't believe they would condone the loss of their own freedom. At least, it wouldn't be easy to get them to do so.   ¶ 1:29 PM