Sorry for the dumb question; but does Apple have absolute control over Apps on its platform; or is it possible to distribute App to iPhone users without store?
Mostly. It is possible to distribute applications to jailbroken phones without Apple's help, but that's a minority of phones. When a new version of iOS comes out, a new method of jailbreaking usually needs to be found.
Stock phones can only install apps from the app store, or apps signed for that specific device by a developer. Developer signing is also controlled by Apple, though.
Or would publishing the results of doing so bring down an army of Larry's lawyering henchmen? "You violated the EULA, now you must pay! You will only wish you were dead when we are done with you, bwahahhahahaha!"
The Establishment Clause prohibits the Federal Congress from establishing a national religion; the 14th Amendment on the other hand has been interpreted to establish a universal standard of morality for the nation as decreed by the Supreme Court. One might say the 14th Amendment and the Establishment clause directly conflict. And the 14th Amendment has won.
Most contemporary opinion, including the vast majority of applicable precedent, holds that the 14th Amendment made the Establishment Clause applicable to the states.
Power vacuums are always filled. Prior to the 14th amendment; the states filled the power vacuum of 'police power & moral standards' which was intentionally denied the Fed. With the 14th amendment; the power to establish 'moral standards' was taken from the states; and filled by the Supreme Caliphate. If the Supreme Caliphate applies the moral standards of Congress to moral issues like abortion and marriage it is 'problematically' over-riding the Establishment Clause. If it applies solely its own 'moral standards'; then the Supreme Caliphate is consistent with the Establishment Clause. Language usually gives lip service to latter path.
