ARealConservative

McCollum v. Board of Education was brought before the Supreme Court in 1947. About 80 years after the 14th amendment was ratified. I believe this is the first case to definitively incorporate the establishment clause, but If I'm wrong, RightInNYC will come slapping me down shortly.

obvious Child

That case is clearly centered around the 1st amendment with relatively minor issues in the 14th.

Do you have a solid 14th amendment case?

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"Maybe God doesn't care how you say your prayers, just as long as you say them" - Jeffery Sinclair

kamino

All right after a few hours of study, the 14th amendment has no direct correlation between church and state. The utilization of the State's tax supported public school system and its machinery for compulsory public school attendance to enable sectarian groups to give religious instruction to public school pupils in public school buildings violates the First Amendment of the Constitution, made applicable to the states by the Fourteenth Amendment. So while the fourteenth has no correlation it does state that the state must abide by the first.

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ARealConservative

the 1st amendment by itself applies only to congress.

congress shall pass no law.

The 14th amendment is the text used to incorporate the bill of rights, and the courts have continually reinterpreted how to do so - even 80 years after the fact.

This is what is referred to as legislation from the bench.

ARealConservative

that was never the intent of the people that drafted and agreed to the 14th amendment. Hence the reason why it took 80 years to incorporate the 1st amendment.

kamino

regardless, that is how it is written.

ARealConservative

legal contracts are based on the original intent as much as possible.

So again, what was the original intent of the 14th amendment?

Your claim that "this is how it was written" is laughable. the wording is so ambiguous that courts have been arguing about the wording for over 100 years, all the while ignoring the original intent.

Slippery Slope

Xians are the most hypocritical group period.

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The silenced majority

How do you guys sleep at night living under the Constitutional protections that were thought up and set forth by a group of people who overwhelmingly identified themselves as "Christians"?

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If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!”. ~ Samuel Adams

UtahBill

They may have identified themselves as christians, but they knew full well what others (who also called themselves christians) had done in the past and would likely do in the future. And they wanted to save the republic from THOSE christians, by not allowing ANY christians to have too much say in the governing of the people.
There are probably hundreds of christian denominations in the USA by now, and I wouldn't trust any of them to have more influence than any other of them. Power corrupts, even in churches....

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