The 1st Amendment to the Constitution contains the answer.
Congress shall make no law respecting an establishment of religion, 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 to petition the Government for a redress of grievances.
The Congress of the Federal government shall make no law! It does not say, State governments, County governments, or Local governments; it says Congress, only Congress.
The Constitution does not grant Congress the power to legislate religion therefore prayers at a local town meetings are not the business of the Supreme Court. The Supreme Court can only rule on issues that the Congress is empowered to legislate.
You say —
The Constitution does not grant Congress the power to legislate religion therefore prayers at a local town meetings are not the business of the Supreme Court. The Supreme Court can only rule on issues that the Congress is empowered to legislate.
This is just SO Wrong.
F’rinstance ... The ‘sovereign’ States ( and any ‘contained’ jurisdiction ) may NOT enact laws that contravene the Constitution. Otherwise, selectively, any State may enact laws that deprive its OWN citizens of essential rights or privileges reserved to them by the Constitution and diminish them from the status enjoyed by citizens of OTHER States. ( Article IV, Section 2 ) The Supreme Court CERTAINLY has jurisdiction to overturn such practices, despite the non-involvement of the Congress.
The Constitution specifically states —
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.” ( Article VI )
To say that the Supreme Court may ONLY “ ... rule on issues that the Congress is empowered to legislate ...” is beyond ridiculous.
Was your ‘Constitutional Law’ tutor, by any chance, a certain ‘Professor’ Soetoro ???
One Man’s Opinion
21stCenturion