[OldDeckHand]

"The original intent of the BoR was that it applied at all levels of government."

That's an interesting argument especially considering that immediately after the adoption of the Constitution, a number of the original 13 states enacted state religions.

Where you come down in this debate, I think that it's inarguable that there was contention and controversy with respect to incorporation even in the infancy of the Republic, and not just in the judiciary but in the respective state legislatures as well.

[OldDeckHand]

That should have read...

"Despite where you come down on this issue..."

[bvw]

The religious restraint in the 1st is pretty specific. Look it up. What exactly does it say, ODH?

[bvw]

I think that it's inarguable that there was contention and controversy with respect to incorporation even in the infancy of the Republic, and not just in the judiciary but in the respective state legislatures as well.

Not in infancy -- but in toddlerhood, once it was obvious that the new Federal form was working.