[20000801]98-163A_教会和国家法律：对教派学校的公共援助.pdf

1The First Amendment has been held to apply to the states as well as to the federal government.See Cantwell v. Connecticut, 310 U.S. 296 (1940) (free exercise clause) and Everson v. Board ofEducation, 330 U.S. 1 (1947) (establishment clause).2Committee for Public Education v. Nyquist, 413 U.S. 756, 780 (1973).Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS Web98-163 AUpdated August 1, 2000The Law of Church and State:Public Aid to Sectarian SchoolsDavid M. AckermanLegislative AttorneyAmerican Law DivisionSummaryOne of the most difficult issues of constitutional law concerns the extent to whichthe establishment of religion clause of the First Amendment imposes constraints on theprovision of public aid to private sectarian schools. Most of the Supreme Courtsjurisprudence has construed the clause to impose severe restrictions on such aid whengiven directly to sectarian elementary and secondary schools but to be less restrictivewhen given to colleges or indirectly in the form of tax benefits or vouchers. Recentdecisions have loosened the constitutional limitations on direct aid to an as-yetindeterminate degree. This report gives a br