Sixpence: It does not separate state and federal governments. It absolutely does:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.I do not see where it states the state government is above the federal government. I do not know what you mean by above. The federal government has aonly the powers specifically enumerated - thus limited.
The states have powers except those expressly forbidden - thus unlimited.
The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. Right, so the Congress cannot pass a law restricting the state, so the court would have nothing to uphold.
Furthermore, the Court has interpreted, the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments" Which would include the establishment clause. Right - the rights as in
"...or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble..." And what does Fourteenth Amendment say?
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The judge Moore's act did not abridge "the privileges or immunities of citizens" and did not deny "the equal protection of the laws", did not "prohibit the free exercise thereof".
Read the document yourself.
I will be the first to admit that it does not matter any more and that I may be silly referring to it, but I least it is quite clear what it says.
miko