PSCI 3303 Lecture Notes - Lecture 2: Jay Sekulow, Endorsement Test, Appellate Court
Document Summary
Monday, november 9, 2015 12:02 pm: everson v. board of education (1947) Nj law allows for transportation of students to public and private schools: lots of catholic schools take advantage of this, >90% of vouchers were given to catholic school student. 5-4 decision that was heavily criticized by dissenters. Is preventing establishment an important part of a free society: disagreement of the incorporation, frankfurter was very bitter about it, heavily criticized in modern times, especially rehnquist, emphasis on jefferson"s wall of separation. If there was a re at the school, the government would still send a retruck: you can"t have total separation of church and state, must be some degree of cooperation. However, this isn"t even cooperation: just providing safe transportation of students to schools, governmental interest to prevent children from being run over while going to school, not a bene t to the religion, a bene t to the child.