Getting to MTG’s America: Bill of Rights

The MTG version of the Bill of Rights would look very different from the one that has evolved over the centuries. Second Amendment rights would be absolute and unconditional. The First Amendment would only apply to conservative white Christians; the opinions of all others would be subject to strict state government censorship. The Establishment Clause would be read to authorize government support for a range of Christian denominations, and religious tests would be applied to voting and officeholding. The rights of criminal defendants would be curtailed in an effort to reduce crime. Finally, the residual powers of states would be beefed up at the expense of government at higher and lower levels. How would we get from here to there?

The most important part of the puzzle would be a constitutional amendment which explicitly states that the limitations on government in the Bill of Rights, and all of the jurisprudence following its approval, only apply to the federal government. State constitutions, legislatures, and courts would be free to enforce completely new interpretations of these fundamental rights. Red state governments would do so, with a vengeance.