The First Amendment mentions in the first Amendment
Congress shall make no law respecting an Establishment of religion or prohibiting the free exercise thereof.
What could be construed as an “establishment”?
First of all, I would think the following would qualify:
1.) An official national church that would have some say over the actual law making, enforcement, or judicial actions of the federal government.
2.) A caliphate (Islam) or Inquisition (Catholicism) that would go after non-adherents to a particular sect.
3.) The formal banning of religion and the establishment of atheism.
4.) Also, maybe not the formal complete banning of religion, but only allowing government approved religion (like where churches had to sign an agreement with the government agreeing only to teach on certain things or else said church couldn’t legally operate. (This practice was done in the old USSR.)
The first word in the First Amendment is a clue to the scope of it: Congress. Congress was the only VALID law making body when our Constitution was founded. It only applied to the national legislature. As for the state legislatures, they actually had taxpayer funded official state churches in 12 of the 13 original states.
The letter in question that the Supreme Court perverted to get their ruling was some people asking Thomas Jefferson, as there had been official state churches, if there would ever be a national church like that. He said no and that there would remain a wall of separation of church and state.
Jefferson can’t have meant that he didn’t want church and government to remain separate on EVERY ISSUE. (He used federal money, while President, to put missions on Indian laws in an effort to convert the Indians, so if a memo was going around about Separation of Church and State back then, Jefferson clearly NEVER got it.)
Furthermore, the Left fails to mention how, for about 200 years, the country seemed to not be aware of the “separation of church and state” that was somehow hidden within the 1st Amendment all that time. Obviously, the reason for that is, because, much like the “right” to abortion, it WASN’T there.
Schools were NOT under the jurisdiction of the federal government, and thus, under the 10th Amendment, they fell to the state government (and the state governments left them in large part to the local governments.)
Thus, when applying their grounds to try and ban school prayer, the Supreme Court misinterpreted the 10th Amendment (by stretching the 1st Amendment to apply to ALL governments, rather than just Congress) and also the 10th Amendment (by taking a role in education that the federal government wasn’t authorized to do so.)