Well actually, I propose two solutions, a Plan A and a Plan B. In plan A, I am installed as dictator, thus rendering any constitutional questions moot. If that doesn't work out, Plan B should go into effect. Plan B is the disincorporation of the establishment clause. Most establishment clause controversies arise at the state level and if we could roll back the incorporation (application to states) of the clause it would prevent a lot of arguments over its application by lifting restrictions upon religious activities within state governments. This isn't just the crazy idea of a lone nutjob, it's a crazy idea that has been endorsed by Justice Clarence Thomas. In Elk Grove School District v. Newdow, Justice Thomas had this to say in his concurring opinion:
The text and history of the Establishment Clause strongly suggest that it is a federalism provision intended to prevent Congress from interfering with state establishments. Thus, unlike the Free Exercise Clause, which does protect an individual right, it makes little sense to incorporate the Establishment Clause.I could not agree more. The text of the clause clearly refers to the power of the federal Congress, not to state governments. The rest of the First Amendment should however be incorporated, including freedom of speech. That way, a county judge could display the Ten Commandments in his courtroom, and an atheist would have the right to complain about it. Sounds like a good solution to me.