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We the People

Student Aid, Religious Education, and the First Amendment

We the People

National Constitution Center

News Commentary, News, History

4.6 • 1.1K Ratings

🗓️ 9 December 2021

⏱️ 59 minutes

🧾️ Download transcript

Summary

This week, the Supreme Court heard oral argument in Carson v. Makin, which centers around the free exercise clause, and public funding for religious education. The issue is whether a state—in this case, Maine, violates the First Amendment by prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide religious, or “sectarian,” instruction. In Maine, not all school districts have their own public secondary schools. For students in those districts, the state will pay for them to attend private high schools— unless the private school has a religious affiliation. The petitioners in this case are parents who are seeking that state funding for their son to attend a religious private school.  Host Jeffrey Rosen is joined by Erwin Chemerinsky, Dean of the UC Berkeley School of Law and co-author of The Religion Clauses: The Case for Separating Church and State, and Michael McConnell, Richard and Frances Mallery Professor of Law at Stanford, and Director of the Constitutional Law Center at Stanford Law School. They discuss the history of religious schooling and public funding in America under the Constitution, including from the founding onward; what historical precedent means for how to understand and interpret the religious freedom clauses of the First Amendment; and how the Court might rule in the case. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. In honor of the 234th anniversary of the ratification of the U.S. Constitution, every dollar you give to support the We the People podcast campaign will be doubled with a generous 1:1 match up to a total of $234,000, made possible by the John Templeton Foundation! Visit constitutioncenter.org/wethepeople, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Transcript

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0:00.0

Hello We the People Friends. As I mentioned a few weeks ago, we're thrilled to be

0:04.2

launching a crowdsourcing campaign to support this podcast. Thanks to our

0:09.5

friends of the John Templeton Foundation every dollar that you give to support

0:14.3

We The People will be doubled up to a total of $234,000

0:19.1

to celebrate the 234th anniversary of the ratification of the Constitution.

0:24.0

Since we launched the campaign a few weeks ago,

0:26.5

we have raised $12,625.

0:30.5

That's from 71 different donors from 13 states.

0:35.0

Friends, thank you so much for that support and we would love to have donation and support from all 50 states.

0:42.0

So I'll let you know which states remain in the coming weeks.

0:47.0

In the meantime, please go to Constitution Center.org

0:50.0

slash We The People and give a donation of any amount five dollars ten dollars the goal is to get broad and passionate support from all of you wonderful

1:00.1

Lifelong learners who are engaged in our common quest to grow and wisdom together.

1:05.0

So that's Constitution Center.org, forward slash We The People, all one word, all lower case. And welcome to We The People, a weekly show of constitutional debate.

1:24.0

The National Constitution Center is a nonpartisan nonprofit chartered by Congress

1:29.0

to increase awareness and understanding of the Constitution among the American people.

1:35.0

This week the Supreme Court heard oral arguments in Carson against Macon, which centers

1:41.1

around the meaning of the Free exercise clause of the First Amendment

1:45.2

and the scope of public funding for religious education.

1:49.8

Joining us to learn from this important case

1:54.3

are two of America's leading scholars

1:57.1

of the First Amendment and the Free Exercise Clause.

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