Under the "Wall of Separation" theory of the Establishment Clause, is it unconstitutional for Congress to permit food stamps to be used to purchase kosher food products?
Does this result in tax funds being used to subsidize religious observance by beneficiaries who practice the Jewish faith? Does this advance religion? Would excluding kosher foods from the program inhibit the practice of Judaism? Would (should) it violate either the Establishment Clause or the Free Exercise Clause if kosher foods were excluded from the food stamp program?
Who should have standing to challenge this program? Taxpayers who oppose tax funds being used to subsidize kosher observance? Who is harmed if a low income, Jewish citizen is permitted to use food stamps to purchase kosher foods for her family?
How should the Establishment Clause be interpreted in the modern Welfare State in which all citizens share a heavy burden of taxation but receive in return many governmental benefits such as health care, educational benefits, welfare and social security payments, and food stamps?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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