Why did Jill and Bob fail to ban religion from public schools, contrary to real judicial decisions?
Our hypothetical argument relied on the applicable constitutional text, but purposely ignored a landmark 1947 Supreme Court ruling which, using the same law, applied the the Fourteenth Amendment as merely an extension of the First Amendment, which it is not. No law, excepting the new law created by the court, prohibits the states from establishing a religion. In fact, Congress is constitutionally barred from passing such a law, and the Fourteenth Amendment guarantee of rights applies equally to all citizens, including the majority. The prohibition of prayer from public schools is a violation of both the First and Fourteenth Amendments, the first of which protects religion from federal interference, and the latter from suppression by state and local government. Court interpretation of the First and Fourteenth Amendments bars religion from public institutions for no reason but that it was given special protections from federal interference by the founding fathers. What about Public Fundi
