The Constitutional Pivot
Liberty Law Talk
The Establishment Clause and the School Choice Movement
There's a widespread belief that the two clauses are in tention with one another. The court, perhaps the most consistent area of this court, is to reduce the scope of the establishment clause to something that approximates its religious original meaning. You might worry that one of the real problems in modern life is the difficulty of people define kind of a zone or their religious practice. And so one way of thinking about this is carves out more places for that,. and wo'll energize, perhaps the school choice movement, allowing people to go to religious schools.
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