CONSTITUTIONAL LAW
W.B. Fisch Fall 2006
Assignment #49

[Chapter 17. RELIGION AND THE CONSTITUTION
    [1. The Establishment Clause
        [C. Financial Aid to Church-Related Schools and Church-Related Instruction]

2. Higher Education

ROEMER V. BOARD OF PUBLIC WORKS, p. 1896 (1976).

• What governmental action, for what purpose?
• What test does the Court apply?
• Which elements of the test are problematical for this governmental action?
• does the case rest on assumptions about how the sectarian mission of church-related colleges would likely affect secular instruction on their premises, comparable to those made in Aguilar and Ball, repudiated in Agostini?
• how does the category "all private colleges" differ from the category "all private schools", in relation to the elements of the Lemon test?
• n.b.: the statutory eligibility criteria excluded institutions that grant only seminarian or theological degrees
• what kind of post-grant monitoring did the state impose on the recipient institutions?

ROSENBERGER V. UNIVERSITY OF VIRGINIA, p. 1811 (1995).

• What governmental action, with what purpose?
• Is this an Establishment Clause case, or a Free Speech case?
• How does this action differ from
• the subsidy in Roemer?
• the use of university facilities in Widmar, or of school facilities in Lamb's Chapel?
• the use of public property in Capitol Square?
• Is it different enough to warrant a different result, as the dissent argues?