Home | Community | Message Board
You are not signed in.
Sign In New Account
Forum Index Search Posts Trusted Vendors Highlights Galleries FAQ User List Chat Store Random Growery

MushroomMan Mycology
This site includes paid links. Please support our sponsors.

General Interest > Political Discussion
Threaded Mode Threaded  Previous topic Previous  View all topics Index  Next topic Next 

Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Myyco.com Shop: Golden Teacher Liquid Culture For Sale

Jump to first unread post Pages: 1
Religious Exemption to Prohibition
    #4383692 -

The Volstead Act, passed in 1919 (over the veto of President Wilson), giave federal agents the power to investigate and prosecute violations of the amendment. But alcoholic beverages for medicinal and sacramental use were exempt under the Volstead Act, which allowed many people to avoid the spirit of the law.

Then, in 1990: Employment Division v. Smith, 494 U.S. 872 (1990) - Court rules that the Free Exercise Clause cannot exempt one from drug laws. The two defendants were members of the Native American Church and had ingested peyote, a hallucinogenic drug. The high court states a new rule: no religious actions may violate general laws, but laws aimed specifically at religions or a particular religious practice will be held unconstitutional.

Does this Supreme Court ruling, defy the precedent that congress had set in 1919? Is there a way to plead that the 1990 ruling is discriminatory, by the wording of the 1st ammendment? In particular, the part that says "or prohibiting the free exercise thereof"... If, during our first bout with prohibition, an exception was made for catholocism to use said prohibited material, why can't smaller religions qualify for the same treatment under the current guise of prohibition?

Is the 1990 Supreme Court ruling unconstitional? Or at the lease discriminatory??


--------------------


My Unitarian Jihad Name is: The Shotgun of Sweet Reason

Extras: Filter Print Post Top
Re: Religious Exemption to Prohibition [Re: Kalix]
    #4383707 -

Small exemptions have been made (see: New Mexico). Though I don't agree with the decision, it surely is not discriminatory. It deals with a broadly applicable law.

Extras: Filter Print Post Top
Re: Religious Exemption to Prohibition [Re: Redstorm]
    #4383752 -

But then, doesn't it just simply violate the wording of the first ammendment? "Congress shall make no 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."

I mean, if Congress can't make such laws, what gives the Supreme Court the right to interpret the first ammendment as saying that sacramental substances can be illegal, if they are ruled illegal by law? Since congress isn't involved here, does that make it technically a legal ruling? Are state laws, or the Supreme Court, allowed to violate constitutional freedoms, when Congress isn't??


--------------------


My Unitarian Jihad Name is: The Shotgun of Sweet Reason

Extras: Filter Print Post Top
Re: Religious Exemption to Prohibition [Re: Kalix]
    #4383802 -

> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

Imagine we are talking of human sacrifices instead of communion...

One could argue that communion is voluntary while sacrifice is not, but what if the "victims" consented to the sacrifice?

I see why the courts ruled the way they did, but it isn't right. The problem is that everybody wants a "hard and fast rule" that applies the same across the board... but we all know that life doesn't work this way... there are times that each case must be weighed individually. Of course, this would mean that our civil servants would actually have to work for a change... much easier to take away rights from the heathens.


--------------------
Just another spore in the wind.

Extras: Filter Print Post Top
Re: Religious Exemption to Prohibition [Re: Seuss]
    #4383820 -

But surely, on an individual basis, there are HUGE differences between taking natural substances, as communion, than bathing in the blood of brain-washed virgins? I'm sure even the maniacs on the supreme court can differentiate between the two.. Especially when you keep the Volstead act in mind, they have rolled back prohibitory measures on intoxicants for religous use in the past..


--------------------


My Unitarian Jihad Name is: The Shotgun of Sweet Reason

Extras: Filter Print Post Top
Re: Religious Exemption to Prohibition [Re: Kalix]
    #4383844 -

> here are HUGE differences between

Exactly, but the courts don't care... too much work...


--------------------
Just another spore in the wind.

Extras: Filter Print Post Top
Re: Religious Exemption to Prohibition [Re: Seuss]
    #4383856 -

They only care when Catholocism is at stake.. This smacks of some kind of defferential treatment towards certain religions, which is unconstitutional.. Does anyone know of a constitutional law expert that I could ask about this?


--------------------


My Unitarian Jihad Name is: The Shotgun of Sweet Reason

Extras: Filter Print Post Top
Jump to top Pages: 1

Myyco.com Shop: Golden Teacher Liquid Culture For Sale

General Interest > Political Discussion
Threaded Mode Threaded  Previous topic Previous  View all topics Index  Next topic Next 

Similar ThreadsPosterViewsRepliesLast post
* The Bush Administration's Hypocrisy on Religious Freedoms
( 1 2 all )		 Twirling 3,780 27 03/03/05 06:28 PM
by Psychoactive1984
* religious legal loopholes? SneezingPenis 646 1 04/23/05 07:40 PM
by Psychoactive1984
* Ending prohibition, how can we help? IsaacHunt 1,940 12 08/02/05 05:04 AM
by LSDempire
* Bush Increasing Religious Allusions
( 1 2 all )		 Crapula 2,259 35 02/21/03 11:06 AM
by luvdemshrooms
* The nation's drug czar recruited local religious leaders Sat Static 737 12 07/14/03 11:03 AM
by luvdemshrooms
* taking away tax exemption for religious organizations? kotik 649 6 06/06/06 10:07 PM
by RandalFlagg
* The US Gov't funds organizations using discriminatory hiring practices Redstorm 522 5 11/10/05 11:58 AM
by Redstorm
* LEAP (Law Enforcement Against Prohibition) supersapien 781 3 02/19/06 03:29 PM
by blaze2

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: Enlil, ballsalsa
1,304 topic views. 2 members, 206 guests and 21 web crawlers are browsing this forum.
[ Show Images Only | Sort by Score | Print Topic ]
Search this thread:

Copyright 1997-2026 Mind Media. Some rights reserved.

Generated in 0.031 seconds spending 0.009 seconds on 16 queries.