Hacker News Reader

The Establishment Clause prohibits the Federal Congress from establishing a national religion; the 14th Amendment on the other hand has been interpreted to establish a universal standard of morality for the nation as decreed by the Supreme Court. One might say the 14th Amendment and the Establishment clause directly conflict. And the 14th Amendment has won.

View on HN

Most contemporary opinion, including the vast majority of applicable precedent, holds that the 14th Amendment made the Establishment Clause applicable to the states.

Power vacuums are always filled. Prior to the 14th amendment; the states filled the power vacuum of 'police power & moral standards' which was intentionally denied the Fed. With the 14th amendment; the power to establish 'moral standards' was taken from the states; and filled by the Supreme Caliphate. If the Supreme Caliphate applies the moral standards of Congress to moral issues like abortion and marriage it is 'problematically' over-riding the Establishment Clause. If it applies solely its own 'moral standards'; then the Supreme Caliphate is consistent with the Establishment Clause. Language usually gives lip service to latter path.

Reply on news.ycombinator.com