Actually, I would postulate that it is the 10th, not the 1st, that applies here. And the 10th is basically roadkill in this day and age, although some are administering CPR to it, and it has shown a few signs of life.
Ergo, it is the Federal judges who are the lawbreakers in this instance.
That and a buck will get you a cup of coffee. Until such time that we change the intellectual makeup of the citizenry, the government and the judiciary, what the judge says is the law.
Those like Judge Moore who are actively opposing their lawless orders deserve our support and protection.
Judge Moore did not pick his battlefield well, IMO. There will be a better case in the future on which to make a stand.
And the Fourteenth extended that to the states.
So when a rogue judge tries to advance his religion using his state office, he gets slapped down.
As he should have been.
You are correct. There has been a deliberate effort to distort the Case law on this whole subject, going back to the early days of the Fabian Socialist ACLU. (See Leftwing Word Games & Religious Freedom.)
The judicial onslaught has been carefully crafted, carefully contrived, deliberately orchestrated in the Fabian (gradualist) manner. This is part of a three generation attack on our heritage, and should be viewed in that context, to be fully understood.
William Flax