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God, Schools, and Government Funding
In recent years, a conservative majority of the U.S. Supreme Court, over vigorous dissents, has developed circumventions to the Establishment Clause of the First Amendment that allow state legislatures unabashedly to use public tax dollars increasingly to aid private elementary and secondary education. This expansive and innovative legislation provides considerable governmental funds to support parochial schools and other religiously-affiliated education providers. That political response to the perceived declining quality of traditional public schools and the vigorous school choice movement for alternative educational opportunities provokes passionate constitutional controversy. Yet, the Co...
Politics, Taxes, and the Pulpit
In Politics, Taxes, and the Pulpit: Provocative First Amendment Conflicts, Nina J. Crimm and Laurence H. Winer examine the conflicts of religion, politics, and taxes that occur when houses of worship engage in electoral political speech. The authors analyze the issues involved when federal tax subsidies are granted to non-profit houses of worship. These subsidies, granted on the condition that houses of worship refrain from political campaign speech, result in multi-faceted constitutional tensions engendered among the fundamental values embodied in the First Amendment: free speech and free press, the free exercise of religion, and the avoidance of government establishment of religion. Crimm and Winer also explore the history of taxation of houses of worship, and conclude by offering several feasible legislative proposals for reform of the tax provisions.
Not-for-Profit Law
Applies comparative and theoretical perspectives to not-for-profit law, taxation and regulation to deepen understanding of the sector.
Taxing the Church
The Federal Constitutionall Law on taxation and religion -- State Consitutions on religion and taxation -- The Internal revenue Code and religious institutions -- State tax statutes and religious exemptions -- Untangling entanglement -- Parsonages, parsonage allowances, and the religious exemptions from Social Security Taxes and the Health Care mandate -- Other issues for the future : Churches' lobbying, campaigning, and sales taxation -- Constitutional and tax policy issues
When Free Exercise and Nonestablishment Conflict
“Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses—the Nonestablishment Clause and the Free Exercise Clause—point in opposite directions. How should courts decide?
The U.S. Supreme Court and New Federalism
Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation
The United States Constitution in Film
The U.S. Constitution is often depicted in popular films, teaching lessons about what this founding document means and what it requires. Mr. Smith Goes to Washington educates how a bill becomes a law. 12 Angry Men informs us about the rights of the accused. Selma explores the importance of civil rights, voting rights, and the freedom of speech. Lincoln shows us how to amend the Constitution. Not only have films like these been used to teach viewers about the Constitution; they also express the political beliefs of directors, producers, and actors, and they have been a reflection of what the public thinks generally, true or not, about the meaning of the Constitution. From the indictment of Wa...
Welfare for Politicians?
Candidates and parties need money to fight election campaigns. In the United States, this money comes largely from individuals and groups—not the government and taxpayers. Many people criticize such private financing of politics. Private donations, they claim, advance special interests, thereby corrupting politics and government. Some critics argue that government should ban private campaign contributions in favor of financing by taxpayers. Since public money comes from everyone, they reason, it actually comes from no one, which cuts out corruption before it begins. But taxpayer financing of campaigns—such as the income-tax check-off for presidential campaigns—has its share of critics ...
