There is a test here that could leave this resolved with even less doubt (That is for my side at least because I still think there could be a way to see that chaplain for congress thing fit with the full meaning of the establishment clause). I have done some of that test but others may already know how to do it more efficiently. The test is to search past congress enactments before the civil war to see if that salary for the chaplains which was decided in 1789 before ratifying the Amendment increased or remained the same, and if the latter for how long, while the pay to others was increasing. I did some of that checking on the salary searching some names of senate chaplains and found the salary for chaplains was still that same $500 in 1832 or 1833 ( LINK1, LINK2 ).
However, I just found THIS, which in its "History" section says that law of 1789, which contains the chaplain salary, was reenacted in 1816. This is the first time I deal with this legal term and I do not know if it implies that that part of the law was created anew in the related capabilities even if we assume no addition or augmentation.
However, I just found THIS, which in its "History" section says that law of 1789, which contains the chaplain salary, was reenacted in 1816. This is the first time I deal with this legal term and I do not know if it implies that that part of the law was created anew in the related capabilities even if we assume no addition or augmentation.
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