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The Constitutionality of the Blaine Amendment

The Constitutionality of the Blaine Amendment. Jessica Joy Day. Introduction. The Blaine Amendment National Effect Idaho’s Effect. Policy Identification. Article 9 Section 5 Article 9 Section 6 (Idaho Constitution Art. 9  5 ). History/ Background. Public Schools Protestants

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The Constitutionality of the Blaine Amendment

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  1. The Constitutionality of the Blaine Amendment Jessica Joy Day

  2. Introduction • The Blaine Amendment • National Effect • Idaho’s Effect

  3. Policy Identification • Article 9 Section 5 • Article 9 Section 6 • (Idaho Constitution Art. 9  5)

  4. History/ Background • Public Schools • Protestants • Catholics

  5. Figure 1: From “Blaine Amendment” (2008). Retrieved March 3, 2009, from http://www.blaineamendments.org.

  6. History/ Background • James G. Blaine • Nationalize Amendment • Territory Requirement

  7. Figure 1: From “School ChoiceMedia Kit. (n.d.). Retrieved March 9, 2009 from http://www.ij.org/indexphp?option=com_content&task=view&id=1537&Itemid=282

  8. Current Situation • Mitchell vs. Helms (Allison, 1995) • Zelman vs. Simmons (Zelman vs. Simmons, 2002) • Lock vs. Davey (Underkuffler, n.d.)

  9. Differing Viewpoints Proponents • Sincere Education (Green, 2008) • Religion Has It’s Place (Davis, 2001) • ACLU (“ACLU Program,” 2007)

  10. Differing Viewpoints Opponents • Contradicts Free Exercise and Establishment Clause (Green, 2008) • Nativist, Anti-Catholic Roots (Bolick, n.d.) • Discrimination (Green, 2008)

  11. Recommendation • Remove Lines about Schools • Lemon Test (Allison, 1995) • Thomas Jefferson • John Dewey • Bible as Literature

  12. Conclusion • Economic and Politically Feasibility • The Blaine Amendment’s Unconstitutionality • Discrimination of a Particular Group • Thomas Jefferson Quote

  13. References • Allison, Jim (n.d.). The Lemon Test. Retrieved March 7, 2009, from Separation of Church and State website:http://candst.tripod.com/tnppage/eclause2.htm • Bolick, C (n.d.).The Constitutional Parameters of School Choice. Brigham Young University Law Review. 335-350. • Davis, D. (2001). The US Supreme Court as Moral Physician: Mitchell v. Helms and the Constitutional Revolution to Reduce Restrictions on Governmental. Aid to Religion (n.d.) Journal of Church & State, p. 213. Retrived March 7, 2009, from Academic Search Premier database.Green, S (n.d.).The Insignificance of the Blaine Amendment. 295-333.Article IX Section 5 Education and School Lands (I.C. ｧ 9-350). • Article IX Section 6 Education and School Lands (I.C. ｧ 9-350). • School Choice Media Kit. (n.d.). Retrieved March 9, 2009 from http://www.ij.org/indexphp?option=com_\ content&task=view&id=1537&Itemid=282. • Underkuffler, L.S. (2007). Locke vs. Davey. Retrieved March 8, 2009, from Duke Law website: http://www.law.duke.edu/publiclaw/supremecourtonline/commentary/locvdav

  14. Questions ?

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