1st AMENDMENT: See 14th, too
I believe Sholeh Patrick ignores the historical sequence of the First Amendment anti-establishment clause. It means what it says, not that it restricts “government” acting. It is specific to Congress.
At the time, the Constitution was adopted, many, maybe most states had official, state-recognized religions. Most outlawed Catholics and Jews from holding public office. States did not want a central government overriding their prerogatives regarding religion or many other issues, such as slavery. They feared alliance with the Church of England.
It wasn’t until after the Civil War and the passing of the 14th Amendment and its “equal protection” provisions that federal courts, for better or worse, started to broaden the intent of the anti-establishment clause as well as clearly extending the Bill of Rights to all citizens.
Omitting any reference to the 14th Amendment is like running directly from first to third base by way of the pitcher’s mound.
JOHN McTEAR
Coeur d’Alene