Faith writes:
The First Amendment, which supposedly codifies this principle of separation, says in its first clause that CONGRESS may not MAKE A LAW that ESTABLISHES a State Religion, that's all.
That is inaccurate.
The First Amendment states that Congress shall not make any law "respecting the establishment of religion." The difference widens the clause considerably: the primary meaning of establish, then as now, is to make firm, settle, or support--it does not primarily mean to create or found.
If there is any definitional doubt, the term "respecting" removes it, producing a plain meaning of "shall not make any law supporting a religion." The parallel clause, protecting the individual right to regligion, illuminates the first, prohibitive one: govenment can neither support nor obstruct religious practice.
Just as your right to swing your fist ends at the tip of my nose, your right to practice religion ends at my right (and my childrens' right) to be free of its imposition.
We have no state religion. Congress has not made a law establishing one. The amendment has not been violated and the public schools cannot violate it because they are not Congress.
Both liberal and conservative justices have concluded, quite reasonably, that if the Constitution does not contain provisions respecting the establishment of religion, and Congress is prohibited from making laws to that effect, then all governmental bodies are forbidden to do so, and no government-funded institution (e.g., schools or armned forces) may act in an analogous manner.
Your logic suggests that although the police cannot conduct unreasonable searches and seizures, your English teacher can.