The Magic of Vouchers is No Sleight of Hand: A Reply to Steven K. Green

Abstract

In a provacative 2002 article, The Illusory Aspect of 'Private Choice' for Constitutional Analysis,, Professor Steven Green challenged both the constitutionality and the policy benefits of school vouhcers. The Supreme Court put to rest the constitutional objection in Zelman v. Simmons-Harris shortly after the article was published, but I argue here that the issue should not even have been close. As originally understood, the Establishment Clause was a federalism provision, barring the national government from maked a national church, but also barring the national government from intervening with existing state support of religion. I then take issue with Steven Green's policy arguments, pointing out that they are both contradictory and based on an erroneous understanding of the Constitution's equality principle.

Keywords: Establishment Clause, Zelman, Constitution, Vouchers

JEL Classification: H41, H52, H72, I21, I22, I28