Presidential candidate Herman Caine has come under fire for some controversial comments he has made regarding the appointment of Muslims in his cabinet and, more recently, his support of a town seeking to ban the building of a mosque. This article on American Thinker supports Herman Caine's position under the analysis of federalism and is an interesting read. Both logically and legally I cannot find the fault in his reasoning, but I would have to go back to the debate language over the language and passing of the 14th Amendment to be certain if he is right. I will say that the current case law utilizing the 14th Amendment to apply the Bill of Rights to the individual states probably was never meant to restrict states from making laws establishing their own religions or to put a stop to school prayer, as they had throughout the history of this country.
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