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
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: 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
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