Why Nineteenth Century Bans on 'Sectarian' Aid are Facially Unconstitutional: New Evidence on Plain Meaning

19 Federalist Soc. Rev. 98

9 Pages Posted: 24 Jun 2018

See all articles by Robert G. Natelson

Robert G. Natelson

Independence & Montana Policy Institutes

Date Written: June 7, 2018

Abstract

This article presents original research on the nineteenth century meaning of the word "sectarian." The author argues that, based on this new evidence, bans on sectarian aid in state constitutions --- often called Blaine Amendments --- are likely unconstitutional on their face because they discriminate among religions.

Keywords: Blaine Amendments, Blaine Provisions, Constitutional Law, Freedom of Religion, First Amendment, School Choice, Free Exercise of Religion, Sectarian

JEL Classification: K1, K10, K19

Suggested Citation

Natelson, Robert G., Why Nineteenth Century Bans on 'Sectarian' Aid are Facially Unconstitutional: New Evidence on Plain Meaning (June 7, 2018). 19 Federalist Soc. Rev. 98. Available at SSRN: https://ssrn.com/abstract=3192606

Robert G. Natelson (Contact Author)

Independence & Montana Policy Institutes ( email )

727 E. 16th Ave.
Denver, CO 80203
United States
303-279-6536 (Phone)

HOME PAGE: http://robnatelson.com

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