So, I got into a discussion about this at the gym yesterday. What was I thinking? How is it that no one seems to know this stuff?
Despite popular belief, the separation of Church & State clause is no more in the constitution than the Santa clause. In 1947 a progressive Supreme Court justice, Hugo Black (appointed by the evil Franklin Roosevelt), somehow found it in the First Amendment establishment clause. You know it. “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise there of.” Black evidently saw something the founders didn’t & said, “ The first amendment has erected a wall between church & state. That wall must be kept high & impregnable. We cannot approve the slightest breach”. Kind of like the fence at our southern border, eh? It’s funny how judges refuse to look for our framers original intent. It’s not hard to find. I did. Thomas Jefferson explained it as a prevention of the establishment of a national religion. I understand that, but then I’m not a justice. Let’s see what James Madison said. You know, the guy that wrote the Constitution! He said, “ The people fear one sect might obtain a preeminence, or two combine together, and establish a religion to which they would compel others to conform.” How about we just go back to the constitution & stop relying on case law.