Notice how this is tied up with the civil war. Before the civil war the fundamentalist judges would argue that the constitution did not intend the separation of church and state to extend to the states. That is the position of Thomas for instance. By that reasoning of course the civil war should not have been fought because the states had the right to decide for themselves what civil rights should be. Slaves are cool. Women don't deserve the right to vote. It is in the old testament dude. That is the fundamental view of the constitution. Evolution is always bad.
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