Zelman v. Simmons-Harris
Brief

View this case and other resources at: Citation. 536 U.S. 639 (2002) Brief Fact Summary. The Cleveland public schools were performing badly, and in an effort to resolve this issue, the state of Ohio put into effect a school voucher plan under which parents could opt to enroll their children in private schools taking part in the program. Since a great majority of the private schools were affiliated to one or other religious group, Ohio taxpayers filed an action against the program pleading violation of the Establishment Clause. Synopsis of Rule of Law. A school voucher progra ...

TABLE OF CASES
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TABLE OF CASES Principal discussion of a case is indicated by page numbers in italics. Abate v. Mundt Abington School District v. Schempp Abood v. Detroit Board of Education Abrams v. U.S. ACLU v. Reno Adarand Constructors, Inc. v. Pena Adkins v. Children’s Hospital  Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc.  Agins v. Tiburon  Agostini v. Felton  Akron v. Akron Center For Reproductive Health  Alaska Hire case  Alden v. Maine  Allegheny County v. American Civil Liberties Union Allen v. Wright  Allgeyer v. Louisiana  Allied Structural Stee ...

FREEDOM OF RELIGION
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Chapter 15 FREEDOM OF RELIGION Here are the key concepts involving "freedom of religion": Two clauses: There are two distinct clauses in the First Amendment pertaining to religion: Establishment Clause: First, there is the Establishment Clause. That clause prohibits any law "respecting an establishment of religion." The main purpose of the Establishment Clause is to prevent government from endorsing or supporting religion. Free Exercise Clause: The second clause is the Free Exercise Clause. That clause bars any law "prohibiting the free exercise of religion." The main purpose ...

CAPSULE SUMMARY
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Chapter 1 INTRODUCTION I. THREE STANDARDS OF REVIEW A. Three standards: There are three key standards of review which reappear constantly throughout Constitutional Law. When a court reviews the constitutionality of government action, it is likely to be choosing from among one of these three standards of review: (1) the mere-rationality standard; (2) the strict scrutiny standard; and (3) the middle-level review standard. [2] 1. Mere-rationality standard: Of the three standards, the easiest one to satisfy is the "mere-rationality" standard. When the court applies this "mere-rationality" s ...

TABLE OF CASES
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Abood v. Detroit Bd. of Ed., 159 Adarand Constructors, Inc. v. Pena, 102, 220, 306 Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc., 162–163, 245, 322 Agostini v. Felton, 171 Alaska Hire case, 75 Alden v. Maine, 185 Alvarez, U.S. v., 151, 240 Ambach v. Norwick, 110, 308 Anderson v. Martin, 99 Ashcroft v. ACLU, 241, 318 Assoc. Press v. Walker, 149   Baker v. Carr, 187 Baldwin v. Montana Fish & Game Comm’n., 345 Ball v. James, 115, 309 Ballard, U.S. v., 175 Barnes v. Glen Theatre, Inc., 319 Bartnicki v. Vopper, 165 ...

EXAM TIPS
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EXAM TIPS Exam Tips on THE SUPREME COURT'S AUTHORITY If the facts describe a lawsuit that takes place in federal court (or a state-court lawsuit that is eventually heard by the U.S. Supreme Court) be alert to limits on the federal judicial power: * State-court decisions: If the facts involve a state-court suit that is heard by the Supreme Court on certiorari, be sure that the state-court decision was based on federal law. +   Independent & adequate state ground: Be alert to the possible existence of an independent and adequate state ground. That is, if the state court decided so ...

ANSWERS TO SHORT-ANSWER QUESTIONS
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ANSWERS TO SHORT-ANSWER QUESTIONS 1.  No, because the case does not involve a federal question. The federal judicial power extends, by Article III, Section 2, to cases arising under the U.S. Constitution and federal laws. That power does not extend to cases decided solely on state-law grounds. Here, although the Ames due process clause may have mirrored the language of the U.S. Constitution’s Due Process Clause, the state decision was solely based on the Ames courts’ interpretation of the Ames constitution. Since no federal issue was involved, the Supreme Court has no jurisdiction (whet ...

The First Amendment: Freedom of Religion
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CHAPTER 9 The First Amendment: Freedom of Religion §9.1 INTRODUCTION AND OVERVIEW The First Amendment provides, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. ...” The two clauses of this sentence, commonly referred to as the Establishment Clause and the Free Exercise Clause, ostensibly divide the constitutional principle of religious freedom into two doctrinal realms, each with its own particular principles and methods. Stated very generally, the Establishment Clause precludes the government from favoring any particular r ...

Table of Cases
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Table of Cases Abington School Dist. v. Schemp, 374 U.S. 203 (1963) Abood v. Detroit Board of Educ., 431 U.S. 209 (1977) Abrams v. Johnson, 521 U.S. 74 (1997) Abrams v. United States, 250 U.S. 616 (1919) Adamson v. California, 332 U.S. 46 (1947) Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995) Adickes v. Kress & Co., 398 U.S. 144 (1970) Adkins v. Children's Hosp., 261 U.S. 525 (1923) Agins v. City of Tiburon, 477 U.S. 255 (1980) Agostini v. Felton, 521 U.S. 203 (1997) Aguilar v. Felton, 473 U.S. 402 (1985) Allegheny Pittsburgh Coal Co. v. Webster County, 488 U.S. 336 (19 ...

Case Overviews
Outline

Everson v. Board of Educ. (S.Ct. 1947) Facts: Pursuant to a New Jersey statute, a local school board authorized reimbursement of money spent by parents to transport their children on public buses to private schools. Everson, a local taxpayer, challenged the payments going to parents of Roman Catholic parochial school students as contrary to the First Amend­ment. ...