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  2. The language of the Establishment Clause itself applies only to the federal government (“Congress shall pass no law respecting an establishment of religion”). All states disestablished religion by 1833, and in the 1940s the Supreme Court held that disestablishment applies to state governments through the Fourteenth Amendment.
    constitutioncenter.org/the-constitution/amendments…

    No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    constitution.congress.gov/constitution/amendment …
     
  3. People also ask
    Does the Establishment Clause apply to state laws?In Everson v. Board of Education (1947), the Court held that the establishment clause is one of the liberties protected by the due process clause of the Fourteenth Amendment, making it applicable to state laws and local ordinances. Since then the Court has attempted to discern the precise nature of the separation of church and state.
    What is the First Amendment's establishment clause?The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another.
    What is the Due Process Clause of the Fourteenth Amendment?The Due Process Clause of the Fourteenth Amendment also incorporates most of the provisions in the Bill of Rights, which were originally applied against only the federal government, and applies them against the states. The Due Process clause applies regardless whether one is a citizen of the United States of America or not.
    Does the 14th Amendment apply to the federal government?The Due Process Clause of the Fourteenth Amendment applies only against the states, but it is otherwise textually identical to the Due Process Clause of the Fifth Amendment, which applies against the federal government; both clauses have been interpreted to encompass identical doctrines of procedural due process and substantive due process.
     
  4. 14th Amendment | U.S. Constitution | US Law | LII / Legal …

     
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