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Incorporation of the Establishment Clause in 1947[11] proved to iPhone Cases be problematic in several ways and subject to critique.[10][12][13][14][15] The controversy surrounding Establishment Clause incorporation primarily stems from the fact that one of the intentions of the Establishment Clause was to prevent Congress from interfering with state establishments of religion that existed at the time of the founding (at least six states had established religions at the founding[16]) a fact conceded by even those members of the Court who believe the Establishment Clause was made applicable to the states through incorporation.[17] Critics have also argued that the Due Process Clause of the Fourteenth Amendment is understood to incorporate only individual rights found in the Bill of Rights; the Establishment Clause, unlike the Free Exercise Clause (which critics readily concede protects individual rights),[16][18] does not purport to protect individual rights.[16]The Supreme Court first considered the question of financial assistance to religious organizations in Bradfield v. Roberts (1899). The federal government had funded a hospital operated by a Roman Catholic institution.

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