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-36 points
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States can establish religions. Federal government can’t.

Edit: Forgot that federal government can indoctrinate religion just fine: https://en.wikipedia.org/wiki/In_God_We_Trust

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34 points
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States can establish religions. Federal government can’t.

Over the last 150 years, the Supreme Court has pretty consistently found that the Bill of Rights applies to state as well as federal government: https://en.m.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights

See especially https://en.m.wikipedia.org/wiki/Everson_v._Board_of_Education:

Everson v. Board of Education … was a landmark decision of the United States Supreme Court that applied the Establishment Clause of the First Amendment to state law.

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-13 points

Mandatory “one nation under god” pledge in school classes disagrees that religion cannot be established.

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20 points

The pledge isn’t mandatory. By law, it has to be optional. Schools have gotten in trouble over it.

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2 points

Its also said “with liberty and justice for all” during a time where people kept literal slaves, without a hint of irony.

The wording far too inconsistent and vague to be taken as literally as you’re attempting to take them.

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17 points

That’s not how it works. State law can’t supersede federal law.

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-13 points

State law can’t supersede federal law.

And Congress cannot pass laws on that. Constitution says so.

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10 points

That is an extremely narrow view of the First Amendment that goes against over two centuries of judicial precedent. Only a Clarence Thomas-level originalist would make such an argument.

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2 points

Not if the 14th amendment has anything to say about it. The incorporation doctrine of the 14th amendment applies the first 10 amendments to the state level as well.

https://www.law.cornell.edu/wex/incorporation_doctrine

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