https://padlet.com/lsteer4/6optocoh7rqpld4i en-us 2023-02-14 15:05:10 UTC 2023-02-16 14:20:16 UTC hello@padlet.com https://padlet.com/lsteer4/6optocoh7rqpld4i/wish/2482082174 A New Jersey law was issued in order to pay back parents for bussing their kids to provide schools including Catholic and other parochial institutions. However a Everson, a taxpayer challenged this law due to his belief that rein bursting parents to bus children to a religious school is breached the "wall of separation". ]]> 2023-02-14 15:14:37 UTC https://padlet.com/lsteer4/6optocoh7rqpld4i/wish/2482082174 https://padlet.com/lsteer4/6optocoh7rqpld4i/wish/2482082500 The argument concerned a new jersey statute that allocated funds from taxpayers to provide transportation (bus) to religious schools. The argument supported the idea that this upheld the 1st Amendment's Establishment Clause. The court also stated this "did not breach the wall of separation between church and state." ]]> 2023-02-14 15:14:46 UTC https://padlet.com/lsteer4/6optocoh7rqpld4i/wish/2482082500 https://padlet.com/lsteer4/6optocoh7rqpld4i/wish/2482083590 Taxpayers particularly opposed this argument as well as other dissenters. Everson was a taxpayer who challenged this statute. His reasoning regarded the belief it was a violation of the Establishment Clause. In addition, dissenters highlighted the resemblance of reimbursements for transportation to reimbursements for other educational purposes (including tuition and teacher salaries) which they believed to be clear violations of the consitution. ]]> 2023-02-14 15:15:16 UTC https://padlet.com/lsteer4/6optocoh7rqpld4i/wish/2482083590 https://padlet.com/lsteer4/6optocoh7rqpld4i/wish/2482084168 5-4 decision
5 of the justices voted reimbursing parents for bussing kids to religious schools IS constitutional
4 of the justices voted reimbursing parents for bussing kids to religious schools WAS NOT constitutional


Justice Hugo L. Black:
- addressed issue of incorporation
- explains that the founders founded america based on religious liberty and it was best way to protect it "was to ensure that the government could neither tax nor support religion in any way".
- he James Madison's: “Memorial and Remonstrance Against Religious Assessments” (1785) and Virginia’s Statute for Religious Freedom (1786).
- he then referred to 1802 letter Jefferson sent to the Danbury Baptist Association: which indicates that the First amendment implies separation of church and state.
- However then he changed his mind by explaining that the First amendmnet “requires the state to be neutral in its relations with groups of religious believers and non-believers.”

Justice Wiley B. Rutledge: " likened reimbursements for transportation to those for tuition, teacher salaries, and other educational expenses". 

Justice Robert H. Jackson’s: “to render tax aid to its Church school is indistinguishable . . . from rendering the same aid to the Church itself.”

Justice Francis W. Murphy: "a liberal but also a devout Catholic, cast the deciding vote to uphold the law."]]> 2023-02-14 15:15:29 UTC https://padlet.com/lsteer4/6optocoh7rqpld4i/wish/2482084168 https://padlet.com/lsteer4/6optocoh7rqpld4i/wish/2482084552 There was evident indecision among justices during this case. There was an instance where Justices Jackson and Harold H. Burton "changed their minds." The decision of constitutional vs. unconstitutional was not linear and the "contradictory majority opinion reflected the indecision" of these members. ]]> 2023-02-14 15:15:38 UTC https://padlet.com/lsteer4/6optocoh7rqpld4i/wish/2482084552 lsteer4 https://padlet.com/lsteer4/6optocoh7rqpld4i/wish/2482124493 2023-02-14 15:33:24 UTC https://padlet.com/lsteer4/6optocoh7rqpld4i/wish/2482124493