States can establish religion and Congress can do nothing about itSubmitted by WJ Young on Fri, 11/08/2013 - 13:00
The 1st Amendment:
Congress shall make no law respecting an establishment of religion...
First note it is the lawmaking power of Congress that is being circumscribed, not that of the States. Also note the indefinite article "an", which acknowledges the possible existence of an establishment of religion. Some States at the time of ratification had established religion in some way.
Therefore, the 1st Amendment bars Congress from interfering with State-established religions. Congress can neither call up the Militia nor appropriate funds to pay them to, for example, remove a display of the 10 commandments from a State courthouse because to do so would require laws the 1st Amendment bars Congress from making.