Are Us States Prohibited From Complying With Us 1st Amendment By Us 10th Amendment ?

Are Us States Prohibited From Complying With Us 1st Amendment By Us 10th Amendment ?


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Monk-Eye

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" Are Us States Prohibited From Complying With Us 1st Amendment By Us 10th Amendment ? "

* Argument Of 10th Amendment Is Enumeration Of Direct Prohibition To States Against Violating Us 1st Amendment Is Required *


If fanatic zealots decided to implement malicious compliance through law and constitutional challenge base on us 10th amendment , would it succeed ?

Such a plea would be this : us 1st amendment only refers to congress and as there is not an enumerated rite in us constitution prohibiting powers of us states from respecting an establishment of religion .

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
 
If fanatic zealots decided to implement malicious compliance through law and constitutional challenge base on us 10th amendment , would it succeed ?
Do you have a specific example in mind?
 
" Evidence Of Adversarial Systems Challenging Constitutional Laws Through Malicious Compliance "

* What Is Versus Could Be For Fanatics With Lawyers Receiving Taxpayer Funds To Defend Abhorrent Legislation *

Do you have a specific example in mind?
The potentiality of such a position is the principle issue in question .
 
In layman's terms, maybe more for the lawyers, this seems like a silly question.

The Tenth prohibits nothing and commands nothing. It merely clarifies the matters of powers of government, state and federal.
 
" Illegitimate Back Door Aggression Against Founding Principles Of Independence For Individual Us Citizen "

* Public Schools No Longer Integrated Now Segregated For Sectarian Supremacists *

In layman's terms, maybe more for the lawyers, this seems like a silly question.
The Tenth prohibits nothing and commands nothing. It merely clarifies the matters of powers of government, state and federal.
The thread intent is to address that states are not prohibited from passing laws that respect an establishment of religion , or any other 1st amendment entitlement , as us 1st amendment specifically alludes to actions of congress .

The statists derided federalism , while ignoring independence of the individual , while vying for populism of democracy as tyranny by collective majority and against principles of us republic for independence of the individual .


* Sanctimonious Sacrosanct Civil Authoritarian Splinter Trolls Revisiting Segregation Sectarian Style *

Rather than integration , sectarian supremacists want segregation and back door respect for establishments of religion through taxpayer funded vouchers .

. https://usmessageboard.com/threads/state-legislatures-seek-to-violate-us-1st-amendment-by-respecting-an-establishment-of-religion.1180703/ .

. https://usmessageboard.com/threads/school-choice-reimbursement-is-an-illegitimate-precept-of-direct-taxation.1028743/ .

* Economic Libertarian And Social Authoritarian Nationalism Of Puritanical Perversion *

. Smaller Government Advocates Wearing Clown Outfits .

Critics have called it an authoritarian, Christian nationalist plan[23][32][33] that would steer the U.S. toward autocracy.[33] Some legal experts say it would undermine the rule of law,[34] separation of powers,[6] separation of church and state,[33][35] and civil liberties.[6][34][36]


* Theistic Communists And Theistic Socialists *

The theistic communists were tithed by us taxpayers to facilitate an illegal immigration gravy train , and now the theistic communist objective is to receive taxpayer funding for its parochial schools , while theistic socialists receive taxpayer funding for its madrassa , while private schools are prejudiced in funding , by faith based tax free donations to religious schools .

Public policy that is consistent with us 1st amendment , so as not to respect an establishment of religion and so as not to prohibit the free exercise thereof , the state funding rule for religious schools is that they do no receive taxes and do not pay taxes .

. https://constitution.congress.gov/constitution/amendment-1/ .
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

* Title Included A Precarious Construction *

The thread title is intentionally malformed as of course states are not prohibited from complying with us 1st amendment , however an issue is are states required to comply with us 1st amendment ?

The first topic within * Argument Of 10th Amendment Is Enumeration Of Direct Prohibition To States Against Violating Us 1st Amendment Is Required * relates a plea " us 1st amendment only refers to congress and as there is not an enumerated rite in us constitution prohibiting powers of us states from respecting an establishment of religion . " , then states can directly create laws which respect and establishment of religion .
 
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Monk-Eye

Yes, but then along came the 14th Amendment which basically required that the States honor and protect rights in accordance with the USC and the Bill of Rights.
 
" Presumptive Error "

* Enumerated Rite That States Comply With Us 1st Amendment Does Not Exist *

Monk-Eye

Yes, but then along came the 14th Amendment which basically required that the States honor and protect rights in accordance with the USC and the Bill of Rights.
The equal protection of laws cannot establish that congress refers to federal legislators and not to state legislators , and a prohibition against state amendments that violate us 1st amendment is not syntactically evident .
 
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" Presumptive Error "

* Enumerated Rite That States Comply With Us 1st Amendment Does Not Exist *


The equal protection of laws cannot establish that state legislators are federal legislators of congress , an enumerated rite to us 1st amendment is not required of us states , it only applies to federal legislators of congress .
Rite or Right? They don't mean the same thing.

I'm just an observer, not a lawyer. When the states all ratified the USC in 1789 they agreed to follow it. For all these years state office holders take the functional equivalent of the federal oath of office.

Under the 14th, states must govern in accordance with the USC regarding rights, powers and privileges.

If you are saying that any state can declare itself a theocracy and function under religious apartheid, I think you're wrong on that.

To be clear, I understand and support both the Ninth and Tenth Amendments. Yes, the federal government has certain enumerated powers. The Tenth makes it clear that what powers not enumerated to the federal government belong to the states and the people.

Rights are one thing, powers are another thing. The people have rights, the governments have enumerated powers.
 
An incoherent thread title is always a big draw. Us said so.
 
" Are Us States Prohibited From Complying With Us 1st Amendment By Us 10th Amendment ? "

* Argument Of 10th Amendment Is Enumeration Of Direct Prohibition To States Against Violating Us 1st Amendment Is Required *


If fanatic zealots decided to implement malicious compliance through law and constitutional challenge base on us 10th amendment , would it succeed ?

Such a plea would be this : us 1st amendment only refers to congress and as there is not an enumerated rite in us constitution prohibiting powers of us states from respecting an establishment of religion .

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
I believe that there was a ruling that stated that States have to honor also the phrase "Congress shall make no law." So does the president, I would assume.

Unfortunately, the courts have granted themselves the power to say that the Consitution is whatever they say it is, so . . .
 
" Not Convinced By A Long Shot "

* Campaign To Rectify Nonsense And Double Think Slang *

Rite or Right? They don't mean the same thing.
The correct denotation for constitutional norms is as writs of written rites for behavior , and even the term wrights makes more sense from the perspective of legal positivism .

The terms left and right are antonyms for direction ; the terms right an wrong are not antonyms .

The terms libertarian ( liberal ) and authoritarian ( conservative ) are antonyms with respect to government action : economic libertarian ( economic liberal ) , civil libertarian ( social liberal ) , economic authoritarian ( economic conservative - socialists - communist ) , civil authoritarian ( social conservative ) .

. Applying THe Term Rights As A Descriptor For Articles Of Constitution Is Slang And A Profound Error In Diction .

* Unmentioned And Not Clarified *
I'm just an observer, not a lawyer. When the states all ratified the USC in 1789 they agreed to follow it. For all these years state office holders take the functional equivalent of the federal oath of office.
Under the 14th, states must govern in accordance with the USC regarding rights, powers and privileges.
What does an agreement to adopt a federal court system have to do with states not being prohibited from respecting an establishment of religion , as the constitution only directs that congress shall not make a law : blah , and the constitution does not enumerate that states are prohibited from making a law : blah ?

. 12 U.S. Code § 1789 - Administrative provisions .

* Sectarian Supremacists Want A Main Tap To Taxpayer Funding *
If you are saying that any state can declare itself a theocracy and function under religious apartheid, I think you're wrong on that.
The congress cannot directly fund parochial schools or madrassa , however states can .
 
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" Yes Or No Question "

* Drawing Attention By Targeting Spectacles Of Retarded Folk *

An incoherent thread title is always a big draw. Us said so.
It is a soft ball question that anyone with intelligence above retarded would understand and choose correctly .
 
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" Yes Or No Question "

* Drawing Attention By Targeting Spectacles Of Retarded Folk *


It is a soft ball question that anyone with intelligence above retarded would understand and choose correctly .

It is a display of trite wordplay and not very intelligent wordplay, at that.

It is also mostly gibberish.

Because of the Incorporation doctrine, the States must comply with the provisions of the U.S. Constitution which prohibit the government from making or enforcing “laws” which violate the federal Constitution.

It may be that you’re retarded.
 
Just to clarify:

Almost all of the provisions of the Bill of Rights are now incorporated against the states.

Exceptions include a few provisions, such as the Third Amendment (quartering of soldiers), the Grand Jury Clause of the Fifth Amendment, and the Seventh Amendment right to a civil jury trial.


The above two paragraphs are lifted from a ChatGPT answer and happen to be correct.
 
" Logical Deduction Versus Pride Of Fools "

* Adequate References Absent *

Just to clarify:

Almost all of the provisions of the Bill of Rights are now incorporated against the states.

Exceptions include a few provisions, such as the Third Amendment (quartering of soldiers), the Grand Jury Clause of the Fifth Amendment, and the Seventh Amendment right to a civil jury trial.


The above two paragraphs are lifted from a ChatGPT answer and happen to be correct.
All provisions in the bill of rights may be incorporated in us states , because states are not prohibited from complying with us 1st amendment , however states are also not prohibited from not complying with us 1st amendment .


* Produced Through Allowable Constraints For Informed Consent *

Provide competent source references , none cares about debating with pretentious arrogance for bias in ai algorithms on this issue .
 
" Logical Deduction Versus Pride Of Fools "

* Adequate References Absent *


however states are also not prohibited from not complying with us 1st amendment .
Yes. They are. that’s the whole point of the incorporation doctrine.
* Produced Through Allowable Constraints For Informed Consent *

Provide competent source references , none cares about debating with pretentious arrogance for bias in ai algorithms on this issue .
Since you know absolutely nothing about the Incorporation doctrine, why are you arguing?

The references are SCOTUS decisions.

First Amendment freedom of speech incorporated by 14th Amendment:
Gitlow v. New York, 268 U.S. 652 (1925).

First Amendment freedom of the press incorporated by 14th Amendment:
Near v. Minnesota, 283 U.S. 697 (1931).

First Amendment free exercise of religion incorporated by 14th Amendment:
Cantwell v. Connecticut, 310 U.S. 296 (1940).

First Amendment establishment of religion incorporated by 14th Amendment:
Everson v. Board of Education, 330 U.S. 1 (1947).

SECOND Amendment right to keep and bear arms incorporated by 14th Amendment:
McDonald v. City of Chicago, 561 U.S. 742 (2010).

FOURTH Amendment protection against unreasonable searches and seizures incorporated by the 14th Amendment:
Mapp v. Ohio, 367 U.S. 643 (1967).

Also incorporated the exclusionary rule for invalidly seized “evidence” in State prosecutions. Mapp, id.

The full list of case law incorporating various provisions of the Bill of Rights to the States goes on and on, whether you like it or not.

But your ignorance simply doesn’t control.
 
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" Incorporation Hubris As Obviously Does Not Currently Apply To States Offering Private Vouchers "

* Period Keep It Simple Stupid Know Taxes Means No Taxes *

Yes. They are. that’s the whole point of the incorporation doctrine.
Since you know absolutely nothing about the Incorporation doctrine, why are you arguing?
The references are SCOTUS decisions.
First Amendment freedom of speech incorporated by 14th Amendment:
Gitlow v. New York, 268 U.S. 652 (1925).
First Amendment freedom of the press incorporated by 14th Amendment:
Near v. Minnesota, 283 U.S. 697 (1931).
First Amendment free exercise of religion incorporated by 14th Amendment:
Cantwell v. Connecticut, 310 U.S. 296 (1940).
First Amendment establishment of religion incorporated by 14th Amendment:
Everson v. Board of Education, 330 U.S. 1 (1947).
SECOND Amendment right to keep and bear arms incorporated by 14th Amendment:
McDonald v. City of Chicago, 561 U.S. 742 (2010).
FOURTH Amendment protection against unreasonable searches and seizures incorporated by the 14th Amendment:
Mapp v. Ohio, 367 U.S. 643 (1967).
Also incorporated the exclusionary rule for invalidly seized “evidence” in State prosecutions. Mapp, id.
The full list of case law incorporating various provisions of the Bill of Rights to the States goes on and on, whether you like it or not.
But your ignorance simply doesn’t control.
Currently , the us first amendment paraphrased , that no law shall be made respecting establishment of religion , is not currently being applied by state governments and barely by federal government proposing state grants to states implementing the traitorous ruse ; the tax rule of religion is that religions do not pay taxes and they do not receive taxes ; do not break that seal .

* Contemporary Private Voucher Revisionism Everson_v_Board_of_Education *

. Everson v. Board of Education - Wikipedia .
Everson confirmed that the Supreme Court would interpret the Establishment Clause to protect against more than the establishment of a state church. The "wall of separation" was a principle of the founding age that prohibited any government aid to religion. The Establishment Clause would not allow any public spending "to support any religious activities, or institutions whatever they may be called, or whatever form they may adopt to teach or practice religion".[13]


. https://www.supremecourt.gov/opinions/21pdf/20-1088_dbfi.pdf .
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIRST CIRCUIT
[June 21, 2022]
CHIEF JUSTICE ROBERTS delivered the opinion of the Court.
Maine has enacted a program of tuition assistance for parents who live in school districts that do not operate a secondary school of their own. Under the program, parents designate the secondary school they would like their child to attend—public or private—and the school district transmits payments to that school to help defray the costs of tuition. Most private schools are eligible to receive the payments, so long as they are “nonsectarian.” The question presented is whether this restriction violates the Free Exercise Clause of the First Amendment.
...
Maine’s “nonsectarian” requirement for its otherwisegenerally available tuition assistance payments violatesthe Free Exercise Clause of the First Amendment. Regardless of how the benefit and restriction are described, theprogram operates to identify and exclude otherwise eligibleschools on the basis of their religious exercise. The judgment of the Court of Appeals is reversed, and the case isremanded for further proceedings consistent with this opinion.


* Should Be Religious Organizations Running Secular Schools Okay As Otherwise No Funding *

The private schools are subject to unfair competition , as religious schools receive funding through tax free donations ; furthermore , sectarian schools ignore integration and establish segregation based on religion , which would violate us first amendment establishment clause if it were being applied .

. https://www.nola.com/opinions/quin_...cle_d9fc2e2a-a0f0-4858-9770-669a7f27f774.html .
One would think an overwhelmingly Republican, presumably conservative Louisiana Legislature would protect, rather than discriminate against, faith-based schools.

That thought would be wrong. Bizarrely, the Legislature this year passed a bill burdening faith-based and other private preschools, but not public schools or Montessori schools, with a host of costly, invasive and counterproductive regulations.

Two schools and some parents filed suit Oct. 20 to block the new law, asserting that by disfavoring religious schools it violates the First Amendment (free exercise of religion), and also that by treating certain classes of schools differently from others it violates the Equal Protection Clause of the 14th Amendment.


About 80% of the 254 preschools affected statewide are faith-based — mostly Christian, but also Jewish and Muslim. But even for nonreligious private schools, why should they and their families be subject to regulations that Montessori schools or public schools escape? That’s patently unfair.
 
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" Incorporation Hubris As Obviously Does Not Currently Apply To States Offering Private Vouchers "

* Period Keep It Simple Stupid Know Taxes Means No Taxes *


Currently , the us first amendment paraphrased , that no law shall be made respecting establishment of religion , is not currently being applied by state governments and barely by federal government proposing state grants to states implementing the traitorous ruse ; the tax rule of religion is that religions do not pay taxes and they do not receive taxes ; do not break that seal .

* Contemporary Private Voucher Revisionism Everson_v_Board_of_Education *

. Everson v. Board of Education - Wikipedia .
Everson confirmed that the Supreme Court would interpret the Establishment Clause to protect against more than the establishment of a state church. The "wall of separation" was a principle of the founding age that prohibited any government aid to religion. The Establishment Clause would not allow any public spending "to support any religious activities, or institutions whatever they may be called, or whatever form they may adopt to teach or practice religion".[13]


. https://www.supremecourt.gov/opinions/21pdf/20-1088_dbfi.pdf .
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIRST CIRCUIT
[June 21, 2022]
CHIEF JUSTICE ROBERTS delivered the opinion of the Court.
Maine has enacted a program of tuition assistance for parents who live in school districts that do not operate a secondary school of their own. Under the program, parents designate the secondary school they would like their child to attend—public or private—and the school district transmits payments to that school to help defray the costs of tuition. Most private schools are eligible to receive the payments, so long as they are “nonsectarian.” The question presented is whether this restriction violates the Free Exercise Clause of the First Amendment.
...
Maine’s “nonsectarian” requirement for its otherwisegenerally available tuition assistance payments violatesthe Free Exercise Clause of the First Amendment. Regardless of how the benefit and restriction are described, theprogram operates to identify and exclude otherwise eligibleschools on the basis of their religious exercise. The judgment of the Court of Appeals is reversed, and the case isremanded for further proceedings consistent with this opinion.


* Should Be Religious Organizations Running Secular Schools Okay As Otherwise No Funding *

The private schools are subject to unfair competition , as religious schools receive funding through tax free donations ; furthermore , sectarian schools ignore integration and establish segregation based on religion , which would violate us first amendment establishment clause if it were being applied .

. https://www.nola.com/opinions/quin_...cle_d9fc2e2a-a0f0-4858-9770-669a7f27f774.html .
One would think an overwhelmingly Republican, presumably conservative Louisiana Legislature would protect, rather than discriminate against, faith-based schools.

That thought would be wrong. Bizarrely, the Legislature this year passed a bill burdening faith-based and other private preschools, but not public schools or Montessori schools, with a host of costly, invasive and counterproductive regulations.

Two schools and some parents filed suit Oct. 20 to block the new law, asserting that by disfavoring religious schools it violates the First Amendment (free exercise of religion), and also that by treating certain classes of schools differently from others it violates the Equal Protection Clause of the 14th Amendment.


About 80% of the 254 preschools affected statewide are faith-based — mostly Christian, but also Jewish and Muslim. But even for nonreligious private schools, why should they and their families be subject to regulations that Montessori schools or public schools escape? That’s patently unfair.
Your endless childish attempts to sound clever with word play only make you even more worthless as a posting member.

The fact is, as I correctly noted, that the incorporation doctrine (found to be an implicit component of the 14th Amendment) does exist and does thereby require the states to also respect various provisions of the first ten Amendments to our Constitution.

Just as the Federal Government can’t impose a religious test for a candidate for elected office, so too neither can any of the States.

Just as the Federal Government can’t impose a particular religion on the people, so too neither can any of the States.

Just as the Federal Government can’t ban books, so too neither can any of the States.

Etc. etc. etc.
 
" Scrotum Wrote Traitorous Sedition Against Nonsectarian Integration In Exchange For Deleterious Future Of Sectarian Segregation Funded By Government "

* Evangelical SCROTUS At Its Most Pathetic *

Just as the Federal Government can’t impose a religious test for a candidate for elected office, so too neither can any of the States.
Just as the Federal Government can’t impose a particular religion on the people, so too neither can any of the States.
Just as the Federal Government can’t ban books, so too neither can any of the States.
Etc. etc. etc.
The roberts conjectures are that businesses affiliated with a particular denomination of religious sect can not be denied access to contracts made available through public services , yet failed pathetically to apply us 1st amendment by affirming Maine governance policy that privates schools operate within secular , nonsectarian constraints , though private schools be owned or managed by organizations affiliated with a particular denomination of religious sect ; thus , the dumbfounded conclusions of that court are seditious and retarded .

Students represent a captive audience and 1st amendment of us constitution applies to tax funding for such organizations proselytizing .

The governance policies of maine to mandate secular education did not prohibit religious organizations from owning or managing the private schools , however it did prohibit religious organizations from proselytizing through tax payer funding ; thus , such dumbfounded seditious stupidity of the court should be addressed .

When religion is included in the curriculum as instruction , especially to captive audiences , rather that as general commercial transactions for products or services , such creates an exclusion from receipt of taxes , by the tax rule for religions ; again , tax free religious contributions for religious education is prejudicial to non sectarian private schools .


* Jist Of Contempt For Traitors Against Us Constitution *
The fact is, as I correctly noted, that the incorporation doctrine (found to be an implicit component of the 14th Amendment) does exist and does thereby require the states to also respect various provisions of the first ten Amendments to our Constitution.
If states are not prohibited from complying with us 1st amendment , then why are states not complying with us 1st amendment ?


* Summary Titles Subtitles Categories *
Your endless childish attempts to sound clever with word play only make you even more worthless as a posting member.
You is second person accusative , very often self incriminating , especially through reflection .


* Crux Of Nonsense Opinion *

II A The Free Exercise Clause of the First Amendment pro-Cite as: 596 U. S. ____ (2022) 7Opinion of the Courttects against “indirect coercion or penalties on the free exercise of religion, not just outright prohibitions.” Lyng v.Northwest Indian Cemetery Protective Assn., 485 U. S. 439,450 (1988). In particular, we have repeatedly held that aState violates the Free Exercise Clause when it excludes religious observers from otherwise available public benefits. See Sherbert v. Verner, 374 U. S. 398, 404 (1963) (“Itis too late in the day to doubt that the liberties of religionand expression may be infringed by the denial of or placingof conditions upon a benefit or privilege.”); see also Eversonv. Board of Ed. of Ewing, 330 U. S. 1, 16 (1947) (a State“cannot exclude” individuals “because of their faith, or lackof it, from receiving the benefits of public welfare legislation”). A State may not withhold unemployment benefits,for instance, on the ground that an individual lost his jobfor refusing to abandon the dictates of his faith. See Sherbert, 374 U. S., at 399–402 (Seventh-day Adventist who refused to work on the Sabbath); Thomas v. Review Bd. of Ind.Employment Security Div., 450 U. S. 707, 709, 720 (1981)(Jehovah’s Witness who refused to participate in the production of armaments).We have recently applied these principles in the contextof two state efforts to withhold otherwise available publicbenefits from religious organizations.

To be “approved” to receive these payments, a private school must meet certain basic requirements under Maine’s compulsory education law. §2951(1). The school must either be “[c]urrently accredited by a New England association of schools and colleges” or separately “approv[ed] for attendance purposes” by the Department. §§2901(2), 2902.

The program imposes no geographic limitation: Parents may direct tuition payments to schools inside or outside the State, or even in foreign countries. §§2951(3), 5808. In schools that qualify for the program because they are accredited, teachers need not be certified by the State,§13003(3), and Maine’s curricular requirements do not apply, §2901(2). Single-sex schools are eligible. See Me. Rev.Stat. Ann., Tit. 5, §4553(2–A) (exempting single-sex private, but not public, schools from Maine’s antidiscrimination law).

In 1981, however, Maine imposed a new requirement that any school receiving tuition assistance payments must be “a nonsectarian school in accordance with the First Amendment of the United States Constitution.” Me. Rev.Stat. Ann., Tit. 20–A, §2951(2). That provision was enacted in response to an opinion by the Maine attorney general taking the position that public funding of private religious schools violated the Establishment Clause of the First Amendment. We subsequently held, however, that a benefit program under which private citizens “direct government aid to religious schools wholly as a result of their own genuine and independent private choice” does not offend the Establishment Clause. Zelman v. Simmons-Harris, 536U. S. 639, 652 (2002). Following our decision in Zelman,the Maine Legislature considered a proposed bill to repeal the “nonsectarian” requirement, but rejected it. App. 100,108.

The “nonsectarian” requirement for participation in Maine’s tuition assistance program remains in effect today.

The Department has stated that, in administering this requirement, it “considers a sectarian school to be one that is associated with a particular faith or belief system and which, in addition to teaching academic subjects, promotes the faith or belief system with which it is associated and/or presents the material taught through the lens of this faith.”979 F. 3d 21, 38 (CA1 2020). “The Department’s focus is on what the school teaches through its curriculum and related activities, and how the material is presented.” Ibid. (emphasis deleted). “[A]ffiliation or association with a church or religious institution is one potential indicator of a sectarian school,” but “it is not dispositive.” Ibid.

Two Terms ago, in Espinoza, we reached the same conclusion as to a Montana program that provided tax creditsto donors who sponsored scholarships for private school tuition. The Montana Supreme Court held that the program,to the extent it included religious schools, violated a provision of the Montana Constitution that barred governmentaid to any school controlled in whole or in part by a church,sect, or denomination. As a result of that holding, the Stateterminated the scholarship program, preventing the petitioners from accessing scholarship funds they otherwisewould have used to fund their children’s educations at religious schools.

SUPREME COURT OF THE UNITED STATESNo. 20–1088DAVID CARSON, AS PARENT AND NEXT FRIEND OF O. C.,ET AL., PETITIONERS v. A. PENDER MAKINON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT[June 21, 2022]CHIEF JUSTICE ROBERTS delivered the opinion of the Court.

ROBERTS, C. J., delivered the opinion of the Court, in which THOMAS,ALITO, GORSUCH, KAVANAUGH, and BARRETT, JJ., joined. BREYER, J., fileda dissenting opinion, in which KAGAN J., joined, and in which SOTOMAYOR, J., joined as to all but Part I–B. SOTOMAYOR, J., filed a dissenting opinion.
 
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" Scrotum Wrote Traitorous Sedition Against Nonsectarian Integration In Exchange For Deleterious Future Of Sectarian Segregation Funded By Government "

* Evangelical SCROTUS At Its Most Pathetic *


The roberts conjectures are that businesses affiliated with a particular denomination of religious sect can not be denied access to contracts made available through public services , yet failed pathetically to apply us 1st amendment by affirming Maine governance policy that privates schools operate within secular , nonsectarian constraints , though private schools be owned or managed by organizations affiliated with a particular denomination of religious sect ; thus , the dumbfounded conclusions of that court are seditious and retarded .

Students represent a captive audience and 1st amendment of us constitution applies to tax funding for such organizations proselytizing .

The governance policies of maine to mandate secular education did not prohibit religious organizations from owning or managing the private schools , however it did prohibit religious organizations from proselytizing through tax payer funding ; thus , such dumbfounded seditious stupidity of the court should be addressed .

When religion is included in the curriculum as instruction , especially to captive audiences , rather that as general commercial transactions for products or services , such creates an exclusion from receipt of taxes , by the tax rule for religions ; again , tax free religious contributions for religious education is prejudicial to non sectarian private schools .


* Jist Of Contempt For Traitors Against Us Constitution *

If states are not prohibited from complying with us 1st amendment , then why are states not complying with us 1st amendment ?


* Summary Titles Subtitles Categories *

You is second person accusative , very often self incriminating , especially through reflection .


* Crux Of Nonsense Opinion *

II A The Free Exercise Clause of the First Amendment pro-Cite as: 596 U. S. ____ (2022) 7Opinion of the Courttects against “indirect coercion or penalties on the free exercise of religion, not just outright prohibitions.” Lyng v.Northwest Indian Cemetery Protective Assn., 485 U. S. 439,450 (1988). In particular, we have repeatedly held that aState violates the Free Exercise Clause when it excludes religious observers from otherwise available public benefits. See Sherbert v. Verner, 374 U. S. 398, 404 (1963) (“Itis too late in the day to doubt that the liberties of religionand expression may be infringed by the denial of or placingof conditions upon a benefit or privilege.”); see also Eversonv. Board of Ed. of Ewing, 330 U. S. 1, 16 (1947) (a State“cannot exclude” individuals “because of their faith, or lackof it, from receiving the benefits of public welfare legislation”). A State may not withhold unemployment benefits,for instance, on the ground that an individual lost his jobfor refusing to abandon the dictates of his faith. See Sherbert, 374 U. S., at 399–402 (Seventh-day Adventist who refused to work on the Sabbath); Thomas v. Review Bd. of Ind.Employment Security Div., 450 U. S. 707, 709, 720 (1981)(Jehovah’s Witness who refused to participate in the production of armaments).We have recently applied these principles in the contextof two state efforts to withhold otherwise available publicbenefits from religious organizations.

To be “approved” to receive these payments, a private school must meet certain basic requirements under Maine’s compulsory education law. §2951(1). The school must either be “[c]urrently accredited by a New England association of schools and colleges” or separately “approv[ed] for attendance purposes” by the Department. §§2901(2), 2902.

The program imposes no geographic limitation: Parents may direct tuition payments to schools inside or outside the State, or even in foreign countries. §§2951(3), 5808. In schools that qualify for the program because they are accredited, teachers need not be certified by the State,§13003(3), and Maine’s curricular requirements do not apply, §2901(2). Single-sex schools are eligible. See Me. Rev.Stat. Ann., Tit. 5, §4553(2–A) (exempting single-sex private, but not public, schools from Maine’s antidiscrimination law).

In 1981, however, Maine imposed a new requirement that any school receiving tuition assistance payments must be “a nonsectarian school in accordance with the First Amendment of the United States Constitution.” Me. Rev.Stat. Ann., Tit. 20–A, §2951(2). That provision was enacted in response to an opinion by the Maine attorney general taking the position that public funding of private religious schools violated the Establishment Clause of the First Amendment. We subsequently held, however, that a benefit program under which private citizens “direct government aid to religious schools wholly as a result of their own genuine and independent private choice” does not offend the Establishment Clause. Zelman v. Simmons-Harris, 536U. S. 639, 652 (2002). Following our decision in Zelman,the Maine Legislature considered a proposed bill to repeal the “nonsectarian” requirement, but rejected it. App. 100,108.

The “nonsectarian” requirement for participation in Maine’s tuition assistance program remains in effect today.

The Department has stated that, in administering this requirement, it “considers a sectarian school to be one that is associated with a particular faith or belief system and which, in addition to teaching academic subjects, promotes the faith or belief system with which it is associated and/or presents the material taught through the lens of this faith.”979 F. 3d 21, 38 (CA1 2020). “The Department’s focus is on what the school teaches through its curriculum and related activities, and how the material is presented.” Ibid. (emphasis deleted). “[A]ffiliation or association with a church or religious institution is one potential indicator of a sectarian school,” but “it is not dispositive.” Ibid.

Two Terms ago, in Espinoza, we reached the same conclusion as to a Montana program that provided tax creditsto donors who sponsored scholarships for private school tuition. The Montana Supreme Court held that the program,to the extent it included religious schools, violated a provision of the Montana Constitution that barred governmentaid to any school controlled in whole or in part by a church,sect, or denomination. As a result of that holding, the Stateterminated the scholarship program, preventing the petitioners from accessing scholarship funds they otherwisewould have used to fund their children’s educations at religious schools.

SUPREME COURT OF THE UNITED STATESNo. 20–1088DAVID CARSON, AS PARENT AND NEXT FRIEND OF O. C.,ET AL., PETITIONERS v. A. PENDER MAKINON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT[June 21, 2022]CHIEF JUSTICE ROBERTS delivered the opinion of the Court.

ROBERTS, C. J., delivered the opinion of the Court, in which THOMAS,ALITO, GORSUCH, KAVANAUGH, and BARRETT, JJ., joined. BREYER, J., fileda dissenting opinion, in which KAGAN J., joined, and in which SOTOMAYOR, J., joined as to all but Part I–B. SOTOMAYOR, J., filed a dissenting opinion.
You is illiterate and unduly verbose. But, at least you’re fairly fluent in babble.
 
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