Once again, I need to express my gratitude to the USMB, for the invaluable service it provides me - to wit: the lively conversations I enjoy here compel me to - occasionally - get off my ass and find answers to the questions that trouble me.
One such question is this: How did our federal government make the convenient leap (for enemies of religion, states rights, and limited central government, that is) whereby the establishment clause of Amendment I somehow magically applies to the states as well as Congress? Does this not confound constitutional design by inserting the federal government in the matter of religion, where it is expressly forbidden to go?
The answer, as I suspected, is that this "leap" has no basis whatever in the U.S. Constitution; it is - like so many other travesties visited upon the citizenry by an elitist, agenda-driven judiciary - the result of a horribly flawed interpretation of Amendment XIV - the weapon of choice for self-appointed, unelected, and unaccountable social engineers. Here's a piece from the link:
"The best evidence of the nation's founders intent, regarding religion, is the law itself, which gave the states unlimited power to freely establish religion, and the states did, up until 1833, with Massachusetts the last one to follow Jefferson's lead and eliminate the practice, more on practical grounds than ideological, in contending with various differing religions.
The war between the States, just 30 years later, resulted in new amendments to the Constitution, granting former slaves the right of citizenship and freedoms that go with it. The resulting Fourteenth Amendment would 80 years later be used for stripping the states of their long held and exclusive constitutional power regarding religion, and giving Washington complete domination over the states, a power expressly denied by the Constitution.
The case was Everson v. Board of Education, and the year was 1947. It involved a rather mundane matter of the use of public transportation for private religious schools. No earthshaking decision was made; the Court found in favor of the practice; but the seed had been placed that would soon begin stripping religion from the public landscape, with a legal precedent which applied the prohibition on Congress from establishing religion directly to the States, so that a state 'shall not make any law establishing religion or prohibiting the free exercise thereof'.
The vehicle was the old civil rights law; the Fourteenth Amendment, and the Court surely had no idea that they had made a grave error in law. The amendment had carefully preserved the separation of powers between Washington and the States, yet provided a guarantee that the laws of a state will be applied equally and equitably, in two important clauses applicable to the states called due process and equal protection; but the Court, in one fell of the pen, turned this important balance of powers on it's head."
http://www.liberty-ca.org/articles/a_history_of_modern_religious_pr.htm
The supremacy clause of XIV no more prohibits the establishment of religion by states than the establishment clause of I magically makes "Congress" and "the states" mean the same thing. It's all judicial smoke and mirrors. Religion is - by constitutional design - the exclusive purview of the states, and absolutely none of the federal government's business.
Do you wonder why the elitist left grows more hysterical with each election cycle? Conservatives, promising to rein in the runaway federal judiciary, are winning elections hand over fist. This is the sound of ordinary Americans taking their country back, and liberal tyrants don't like it.