TexasPete:

bsharporflat:

We are not discussing the merits of the case in this thread. We are discussing the blind, biased, terminally twisted power of judgement which resides in Antonin Scalia. But Texas Pete, I think you can sympathize. I mean, really Texas Pete, is there any decision that Scalia has ever made which you disagree with?

For the most part Scalia is an originalist and I do agree with most of the opinions of his that I have read. However In this case he is asking the WRONG Questions. All he needs to know is did congress pass a law putting it there. If not then there is no violation.

I'm not sure if you're asking this question rhetorically or pointedly, so I will give you the benefit of the doubt. There is a long line of constitutional jurisprudence that holds that the 1st Amendment has been incorporated into the states and their subdivisions by the 14th Amendment, which was supposed to settle the idea of what states can and can't do after the Civil War. A state can no more declare a state religion than it can jail you for writing a letter to the editor of your town's newspaper.