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Do states have to abide by the U.S. Constitution?
My friend and I are having a little debate as to whether states must abide by the Constitution. I'm saying they do and he's saying they don't. States must follow the 2nd amendment so why wouldn't they also have to follow the entire thing? Also, is a school allowed to endorse a religion?
5 Answers
- scott bLv 79 years agoFavorite Answer
Of course they do. If the states didn't follow it, then NO ONE would be following it.
- Anonymous9 years ago
Public schools cannot endorse a religion. States cannot endorse a religion, thanks to the First Amendment.
States must adhere to the requirements of the Second Amendment as interpreted by the Supreme Court.
The provision of the Constitution that ensures this is called the Supremacy Clause. Look that up. The states cannot act contrary to the Constitution. They can make laws about topics on which the document is silent, but if a state law and federal law are in conflict, the federal law wins. Also, the 14th Amendment incorporates the protections of the Bill of Rights to the states.
- TheOnlyBeldinLv 79 years ago
The Constitution is the supreme law of the land, so the states must abide by it.
A public school cannot endorse a religion; a private school can.
- TeeknoLv 79 years ago
Your friend is wrong. He should read the incorporation clause of the 14th Amendment.
A public school cannot endorse a religion.
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- Anonymous9 years ago
This is mostly guesswork, but I'm pretty sure they have to.
And I don't think they can endorse a religion (unless it's a Catholic school or something of that sort) because that would be religious intolerance since it would go against other religions--including atheistic views.