Comment by chucksmart

Power vacuums are always filled. Prior to the 14th amendment; the states filled the power vacuum of 'police power & moral standards' which was intentionally denied the Fed. With the 14th amendment; the power to establish 'moral standards' was taken from the states; and filled by the Supreme Caliphate. If the Supreme Caliphate applies the moral standards of Congress to moral issues like abortion and marriage it is 'problematically' over-riding the Establishment Clause. If it applies solely its own 'moral standards'; then the Supreme Caliphate is consistent with the Establishment Clause. Language usually gives lip service to latter path.