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Yes, it's true that the Establishment Clause did not originally apply to the states. However, since incorporation via the Fourteenth Amendment, the majority of
by morgante 12y ago
Yes, it's true that the Establishment Clause did not originally apply to the states.
However, since incorporation via the Fourteenth Amendment, the majority of precent applies it to the states as well.
(I've written dozens of papers on the Establishment Clause.)
- tzs 12y agoRon Paul tried to effectively reverse that, three times, by introducing legislation that prohibited the Supreme Court and any other Federal court from hearing cases involving it and the laws, policies, or regulations of any state. That would work because aside from a small number of case types the Constitution explicitly says the Supreme Court has original jurisdiction over, it is Congress that decides the bounds of Federal jurisdiction. Here was one of Ron Paul's bills on this: http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.958.IH:/ http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.958.IH:/