Originally Posted by DVPGSR
Correct me if I am wrong but laws are written by our legislators both at the state and local level, legislators that have been elected by the people to represent them in government. Justices are to apply the laws written by the legislators to cases brought before them. Because this case was decided by the Supreme Court its decision takes affect to the entire nation in the same manner that Roe vs. Wade has. However there is no law written by our legislators explicitly establishing a seperation of Church and state, it is a Supreme Court decision that takes precedent in legal matters.
The Supreme Court has the power to write case law, almost regardless of existing common law or statues. For example, "Miranda rights" are read to a person being arrested because of Miranda v. Arizona (1966). Decisions from the Supreme Court are federal law.
Originally Posted by DVPGSR
http://dictionary.reference.com/search?q=establishment
If you use the above link you can see that my interpretation of "establishment" is right on and that I was using it as a noun because it is a noun. One such definition is "a church recognized by law as the official church of a nation or state and supported by civil authority" and at this point the US has not done this. When it does I will be all up in arms about it but if the state wants to have religous items I see no issue with it. If the American people really want a true and complete seperation between Church and state then lets have the legislature vote to approve such a law.
You said "So by displaying a cross which religion has been established?" Established is a simple past tense regular verb. I only mentioned it before because its something I've seen a number of times.
The thing is, "the state" doesn't have desires. It is the desires of the individuals who are elected or otherwise given power by the citizenry about which we must be concerned.