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Bush's "Faith" based plan ... Unconstitutional?
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[QUOTE]Originally posted by David Sands: [QB] In regards to [i]Walz v. Tax Commission Of City Of New York[/i] (1970), one might read the grammar of that first sentance quoted as stating the soveriegn may not lend financial assistance to religious activity, which might not encompass actual assistance to the needy in communities. I would also point out that (if I'm not mistaken) that was from the dissent, not the holding (and for that matter, it's a dissent from a pretty absolutist justice who never really represented the median views of the country on this and other matters). In regards to the second quote, the judgement of the court was that the public's interest in lending money to religious institutions was a secular purpose that the schools were satisfying. Jackson's dissent pretty much (in my reading) came down to an objection that parents may educate, not religiously educate, their children with state money. It always seemed to me that the case law here is getting stuck in treating the issue catagorically when the reality of it all is a continuum of how [i]much[/i] may parents religiously educate. A school that teaches all the core subjects at the same competency as secular schools but with one or two classes of theology I don't think will be the proximate cause of a rehash of the Thirty Years War here in the United States. But money being used to send kids to seminary is a bit too much. The question, to me at least at the moment, is whether we can allow some assistance as long as it is not so much that it poisons the impartiality of government to its citizens' faiths. The problem with a continuum-approach might be that it might require a vigilant court to oversee every new and changing facet of the program, something I doubt the court may inclined to do. So again, we're back where we started, one way or the other, all or none... I would also point out that the cases I cited are more recent and that the quotes I used are from the majority opinions, giving them more weight in precedence than those before them. [/QB][/QUOTE]
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