Quote:
Originally Posted by frquixote
Sorry, but the First Amendment says:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. "
I don't see anything that says Congress was involved in this decision.
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The First Amendment applies to state and local governments via the doctrine of incorporation, usually via the 14th Amendment. It has been so since the 1940's. Relevant First Amendment cases include
Cantwell v. Connecticut (1940) 310 U.S. 296,
Everson v. Board of Education (1947) 330 U.S. 1 and many subsequent cases citing those.
The right to free exercise and no state establishment (and many other constitutional rights included in the 1st, 4th, 5th and 6th amendments) would mean little to most of us if states and local governments could make laws infringing upon those rights.