Originalists say that the Establishment Clause applies only to the Federal Government. But the battles over religion in the states led to the formal disestablishment of state religions by the mid-1800s. Meanwhile, slave states began regulating churches and mandating religious doctrine to stamp out abolitionism and prevent education of enslaved persons. Does this Antebellum history have any relevance to how we understand the #Constitution today? #law #scotus #supremecourt https://senatormoobs.substack.com/p/antebellum-establishments
@SenatorMoobs Originalists might also say that the Establishment Clause no longer applies only to the feds as it was extended through later amendments, through incorporation.
Originalists recognize that laws change. They simply also consider the original meanings of the revised laws.
