Having pointed out that neither threats nor actual imprisonment or deprivation of property had made for noncompliance, the Court moved onto the other half of the definition of "establishment" set out in Supreme Court Justice Robert H. Jackson's concurring opinion in "McCollum v. Board of Education". New York State Justice Isadore Bookstein wrote "If I properly apprehend the intent, design and purposes of the First Amendment, it was conceived to prevent and prohibit the establishment of a "State Religion"; it was not intended to prevent or prohibit the growth and development of a "Religious State"."