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Dusting Off The Blaine Amendment: Two Challenges To Missouri's Anti-Establishment Tradition, Aaron E. Schwartz
Dusting Off The Blaine Amendment: Two Challenges To Missouri's Anti-Establishment Tradition, Aaron E. Schwartz
Missouri Law Review
Using broad strokes to paint the rights and protections granted therein, the free exercise and the establishment clauses stand as dual monuments to the great-American experiment in separating the State and the sacred. Their sparse language is contrasted by comparatively specific manifestations of similar interests in the state constitutions. Echoing their federal counterpart, the state constitutions commonly command that the state may not fund religiously affiliated educational institutions. No fewer than thirty-eight states, including Missouri, adopted a so-called "Blaine Amendment," which prevent states from supporting sectarian or religious schools. Employing more detail than its federal counterpart, Missouri's constitution made explicit …