As someone who is distinctly in favor of separation of church and state and knowledgeable about the Consitution I have to ask if there isn't a better avenue toward seeking that end.
I mean, the Constitution clearly says "Congress shall make no law...."
This clearly says to me that it leaves the issue of separation up to the states and I wonder why the Supreme Court even gets involved. Wouldn't it be better for people in each state to amend their state constitutions with a clearer message regarding religion?
The Fourteenth Amendment makes applicable the bill of rights to state laws in addition to federal laws. The Supreme Court made this "Incorporation" principle in Gitlow v. New York.
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