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Everson and the Board of Education


            Throughout history, there has been an everlasting conflict between having a broader or narrower interpretation of the US Constitution. Some believe that the exact wordings stated in the Constitution are the rules to follow in a strict manner without any compromise. Others consider the Constitution to have looser understanding and there needs to be room for different analyses. Because of this disagreement of interpretation, it is complicated to decide on what laws are constitutional or not, and as a result numerous cases are brought to the Supreme Court to settle these disputes. An example of this is the1946 Everson vs. Board of Education Supreme Court decision. A district taxpayer, Arch Everson, filed a lawsuit against the Board of Education in New Jersey opposing the board's authority to reimburse those parents of children who go to Catholic schools for busing transportation. His argument was that the statue and the resolution passed violated both the State and the Federal Constitution. Everson argued that this reimbursement violates the Establishment Clause of the First Amendment because it is respecting the establishment of religion. The reimbursement recognizes the Catholic faith by giving those parents money funded by the state and local tax payers, who objected their tax dollars being spent on an unconstitutional support of religion. However, by a very close 5-4 vote, the Supreme Court decided that the reimbursement did not violate the Establishment Clause. The Court decided that although the Establishment Clause does authorize that all states must remain neutral to all religion and between disputes among religious and nonreligious organizations, this reimbursement did not violate it. This statue was part of a fundamental government program and had no specific religious intentions and did not give any group special privileges. All schools were given the same reimbursement. Other government services are given to religious schools, like a sewer systems, so this reimbursement is no different other than it is more direct.


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