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God, Schools, and Government Funding - First Amendment Conundrums (Paperback)
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God, Schools, and Government Funding - First Amendment Conundrums (Paperback)
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In recent years, a conservative majority of the U.S. Supreme Court,
over vigorous dissents, has developed circumventions to the
Establishment Clause of the First Amendment that allow state
legislatures unabashedly to use public tax dollars increasingly to
aid private elementary and secondary education. This expansive and
innovative legislation provides considerable governmental funds to
support parochial schools and other religiously-affiliated
education providers. That political response to the perceived
declining quality of traditional public schools and the vigorous
school choice movement for alternative educational opportunities
provokes passionate constitutional controversy. Yet, the Court's
recent decision in Arizona Christian School Tuition Organization v.
Winn inappropriately denies taxpayers recourse to challenge these
proliferating tax funding schemes in federal courts. Professors
Winer and Crimm clearly elucidate the complex and controversial
policy, legal, and constitutional issues involved in using tax
expenditures - mechanisms such as exclusions, deductions, and
credits that economically function as government subsidies - to
finance private, religious schooling. The authors argue that
legislatures must take great care in structuring such programs and
set forth various proposals to ameliorate the highly troubling
dissention and divisiveness generated by state aid for religious
education.
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