Suppose instead of a voucher plan, a state decides to pass the "No Child Left Behind Act of 2021," a law that funds all K-12 education for children equally by making a per capita payment of $15,000 per child to any public or private school (extra per capita payments are made for schools that enroll disabled and certain other "special needs" children).
Does this evenhanded, religiously-neutral law violate the Establishment Clause?
Why or why not? What are the best arguments each way?
Should formal distinctions between direct and indirect funding determine the constitutionality of educational programs for children?
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.
Sunday, September 12, 2021
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