If American judges and politicians were serious about the Constitution the established religion of Hawaii would be Buddhism, that of Utah would be the Mormon Church and polygamy would be legal there, Fundamentalist Christianity would be taught outright in public schools across the South, and the Cardinal Archbishop of Boston would still be keeping Joyce's Ulysses off the shelves and out of the stacks of the libraries and bookstores of Massachusetts.
In Protestant states divorce would be possible only for adultery, and in Catholic states not at all.
Any state could ban all firearms whatsoever.
The right to an attorney would not be a positive right.
The federal constitution would impose only this sure limit on state governments: no monarchy, no aristocracy.
On second thought, if American judges and politicians were serious about the Constitution the Louisiana Purchase would never have happened, nor any territorial expansion since.
The absurdities heap up very fast.
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