Title: Re: Establisment clause and oppressive taxation
Interesting suggestion. It would be a sort of anti-Blaine amendment. But that would imply that those that offered the Blaine amendment were suggesting what was unnecessary.  However, if it was necessary, then the EC, and Paul’s Madisonian take on it, does not get us to a Blaine-meaning EC (so to speak).

Frank

On 8/4/05 6:53 AM, "[EMAIL PROTECTED]" <[EMAIL PROTECTED]> wrote:

In a message dated 8/3/2005 11:47:28 PM Eastern Standard Time, [EMAIL PROTECTED] writes:
Given the regulatory state in which we live—one that requires that parents who send their children to religious private school must pay for both the school tuition as well as taxes to fund public schools--it seems to me that the principle from which Madison drew his conclusion is not so easily dispositive in resolving this dispute.
       On the assumption that Madison's view, stated by Paul in his earlier post, accurately represents the original meaning of the EC, then shouldn't those who contend it unfairly discriminates against religion regarding governmental benefits advocate amending the First Amendment to explicitly state the EC doesn't apply to these entitlements?
 
Bobby  
 
Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware


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