Certainly government may not lay a tax on either worshiping or preaching.

The federal grants to elementary and secondary schools under 79 Stat. Division subject to the restrictions set forth therein. Those developments in the last 30 years have had unsettling effects. Chief Judge Kaye and Judges Rosenblatt and Graffeo concur with Judge Read; Judge R. The exemptions have continued uninterrupted to the present day.

Indeed, such an inquiry may be inescapable in the context of a statute of less breadth than the one before us. The Establishment Clause was not incorporated in the Fourteenth Amendment until Everson v.