> (1) you're suggesting that before the 14th amendment, a state could pass a "law respecting an establishment of religion, or prohibiting the free exercise ther

> (1) you're suggesting that before the 14th amendment, a state could pass a "law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." ? That seems preposterous. The words immediately preceding your quote are "CONGRESS shall make no ...", and so "preposterous" seems a bit too strong, doesn't it? In case anyone is curious, https://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution https://en.wikipedia.org/wiki/First_Amendment_to_the_United_... says > Beginning with Gitlow v. New York (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. (Fun facts: "Gitlow was the first major First Amendment case that the American Civil Liberties Union argued before the Supreme Court." Also, although Freedom of speech was incorporated in this case, Gitlow's conviction was nonetheless upheld.) You're welcome to read more about it yourself at https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_R... . Therein, you'll find references to fun cases like Barron v. Baltimore (1833), finding "State governments are not bound by the Bill of Rights" before the 14th amendment, and United States v. Cruikshank (1876), finding "The right of assembly under the First Amendment and the right to bear arms under the Second Amendment are only applicable to the federal government, not the states" even after the 14th amendment. You may also find Article III of the Constitution of the Commonwealth of Massachusetts (1780) interesting: > As the happiness of a people, and the good order and preservation of civil government, essentially depend upon piety, religion and morality; and as these cannot be generally diffused through a community, but by the institution of the public worship of God, and of public instructions in piety, religion and morality: Therefore, to promote their happiness and to secure the good order and preservation of their government, the people of this commonwealth have a right to invest their legislature with power to authorize and require, and the legislature shall, from time to time, authorize and require, the several towns, parishes, precincts, and other bodies politic, or religious societies, to make suitable provision, at their own expense, for the institution of the public worship of God, and for the support and maintenance of public Protestant teachers of piety, religion and morality, in all cases where such provision shall not be made voluntarily. When do you think Massachusetts stopped taxpayer funding of churches?