Hagedorn, reading the Constitution as written, correctly notes that there WAS no bar to a State establishing its own religion. And there was not--originally.
Then came the 14th Amendment and "incorporation," which had the effect of forcing all the States to recognize the entire Bill of Rights and put them into effect.
That's what Daniel Bice would have you believe. But it's not true, as most adults know.
Incorporation is NOT applied to all of the Bill of Rights as Bice claims:
...They said this week that the high court has explicitly applied or "incorporated" the protections in the Bill of Rights — including the ban on establishing a religion — to all of the states as a result of the passage of the 14th Amendment in 1868. ...
Well, except for the Second Amendment, Dan.
Incorporating the 2A? Not in Shirley's wildest dreams.
Anyhow, Hagedorn raises an interesting question which has a lot to do with Neubauer.
...He said he now believes the "original public meaning" of the 14th Amendment incorporated the Bill of Rights, including the Establishment Clause, and applied them to the states. He added that he reaches that conclusion differently than most others.Contrary to Idleman, Hagedorn said this is not a settled issue but the subject "of lively, ongoing debate among constitutional scholars and courts.""That said, my goal in any case raising this question would be to follow the governing precedent of the U.S. Supreme Court," Hagedorn wrote.And just so his 2005 blog post on this issue isn't misconstrued, Hagedorn added that as a matter of public policy, he believed even back then that it would be "a very bad idea" for any state to establish an official religion."What is constitutional and what is good public policy are two very different questions," he said on Tuesday — a distinction he has previously made regarding legalization of bestiality....
This is the battle for the next 20-30 years, friends.