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Ilikepurple

(832 posts)
29. Although education is left to the states, the Establishment clause has been applied to the states by USSC since 1947
Mon Jun 29, 2026, 07:17 PM
Monday

Through the due process clause of the 14th Amendment. I’m often surprised at the confidence people have in their understanding of Constitutional law and the moving target of Supreme Court precedent. Also, much Constitutional law isn’t found in US founding documents, including the 1st Amendment’s application to states. Like much Constitutional Law, we can thank or condemn the Supreme Court for its current state. Absolutely not determinative but the following is a USSC endorsement of Jefferson’s sentiment.

“Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups, and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect "a wall of separation between church and State." Reynolds v. United States, supra, at 98 U. S. 164.” Everson v. Board of Education, 330 U.S. 1 (1947)

I’m not sure how this Court will ultimately decide this case if it ever has the case before it, but whether it can stand constitutional scrutiny is not settled law

Recommendations

1 members have recommended this reply (displayed in chronological order):

It is unconstitutional. Period hookaleft Jun 25 #1
You think that's gonna stop this SCOTUS? tishaLA Jun 25 #3
These psychos are so fucking weird. Initech Jun 25 #5
Centuries. TheRickles Jun 26 #20
Education, like elections, is left to the states according to the Tenth Amendment, which leaves the responsibility ancianita Jun 25 #6
Although education is left to the states, the Establishment clause has been applied to the states by USSC since 1947 Ilikepurple Monday #29
Thank you for the excellent legal information re separation of church and state. ancianita Yesterday #30
I would recommend the story of Judith and Holofernes. jls4561 Jun 25 #2
How about the Song of Solomon, which is quite racy? Ocelot II Monday #26
Hey MAGA assholes! Our government is not your church! Do you get that? Initech Jun 25 #4
Ask them to explain who 'begat' whom to create human #5 dickthegrouch Jun 25 #7
Questions I had as a kid that sowed the seeds apostasy later in life. paleotn Jun 25 #12
The "Others" Were From Outside Of Eden. ColoringFool Jun 26 #17
Irony is dead. ananda Jun 25 #8
Got to force kids to believe in the invisible man Americanme Jun 25 #9
Why don't they just secede again and get it over with. paleotn Jun 25 #10
Let's make a similar bill that would require the reading of other religion's books sakabatou Jun 25 #11
You know, if they believed in the Golden Rule FullySupportDems Jun 25 #13
They believe in being right and forcing that belief onto everyone. travelingthrulife Monday #22
Yup FullySupportDems Monday #24
Uh... purr-rat beauty Jun 25 #14
I taught English at the secondary level in California. I know how I'd respond to such lawlessness. BadgerMom Jun 25 #15
Texas has squandered its brand to foolishness. RedWhiteBlueIsRacist Jun 25 #16
"They'll savor the opportunity to overturn decades of precedent." J_William_Ryan Jun 26 #18
Would atheist kids have to read religious books? Dr. T Jun 26 #19
MaddowBlog-White House commission brushes off First Amendment, eyes 'bridge' between church and state LetMyPeopleVote Monday #21
How to ensure kids hate a religion.Force them to read about it at school. travelingthrulife Monday #23
Houston Chronicle published a full list of readings. Igel Monday #25
Judges 4. I hope they read that one cpamomfromtexas Monday #27
What about the Teachings of the Buddha, the Hindus, Muhammad, the Zoroastrians The Flying Spaghetti Monster wcmagumba Monday #28
The people behind this may then argue on which karynnj 23 hrs ago #31
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