“If a state passes a law, and it is upheld by the lower courts, that a person can not say booger, I think the supreme court has a duty to strike it down as against first amendment protection.”
The establishment clause of the first amendment places restrictions upon congress as to the what type of laws they are allowed to enact. When the establishment clause becomes something that is enforced by the feds upon others; the clear meaning of the constitution is turned on its head.
Would that more people held the constitution as something that we shouldn’t twist to our particular preferences.
OK, let me use another example, this time using the second amendment.
Or do I even need to... ;-)