May States Curb Freedom of Religion, Speech, and The Press? A Constitutional Analysis

Abstract

This is an analysis about whether individual states are prohibited from establishing official religions within their jurisdiction, as the Supreme Court has long held. Specifically, it considers whether the Supreme Court is correct in applying the 14th Amendment to extend the First Amendment's religion establishment limitation of Congress to state governments. Finally, it examines the notion of "judicial supremacy" - that the Supreme Court is to be the universally recognized authority in resolving constitutional disputes - because that is a distinction the Supreme Court granted onto itself; the Constitution does not say so.