Two Florida school officials won't go to jail for praying
#56
Well, unless the fourteenth amendment has gone into hiding, the states are bound by the establishment clause as well. (Hey, that's called the "Incorporation Doctrine" - thanks, Wikipedia!) And it is quite clear that there were some founding fathers, including Madison-the-framer, who interpreted the establishment clause to mean a total separation of church and state, although clearly not everyone has followed in that tradition.

So, while it is certainly the case that the first amendment has not always been followed to the extent that it should be, it seems clear to me that the strong reading is the correct one, even in terms of the original intent, and that it is binding on state governments in that form since the Civil War.

-Jester
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Two Florida school officials won't go to jail for praying - by Jester - 09-24-2009, 01:47 AM

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