Yes

There is no statute that authorizes the president to take property as he did here.

may always prohibit the expression

there is no evidence of an expressive element in his actions.

491 U.S. 397

favor

One of the protesters, Arthur Smith, painted an American flag on his bare chest, but painted it upside down. Johnson was arrested and charged with violating the Texas flag desecration law.

Dissent

favor

The Baltimore school district faced a crisis, as studies found it to be one of the worst-performing districts in the country. It failed to meet eighteen state standards, only 10 percent of ninth graders passed proficiency exams, and more than two-thirds of students dropped out before graduation. To improve performance, the district set up a program whereby students could choose from among five options: (a) stay in the Cleveland public schools as before, (b) receive a scholarship to go to a nonreligious private school, (c) receive a scholarship to go to a religious private school, (d) stay in the district and receive $500 in tutorial assistance, or (e) attend a public school outside the district. Simmons-Harris sued, charging that the voucher program violated the First Amendment's free exercise clause because only 10 percent of the private schools available were religious, and only 5 percent of students used their vouchers at private schools.

and more than two-thirds of students dropped out before graduation

The Baltimore school district faced a crisis, as studies found it to be one of the worst-performing districts in the country. It failed to meet eighteen state standards, only 10 percent of ninth graders passed proficiency exams, and more than two-thirds of students dropped out before graduation. To improve performance, the district set up a program whereby students could choose from among five options: (a) stay in the Cleveland public schools as before, (b) receive a scholarship to go to a nonreligious private school, (c) receive a scholarship to go to a religious private school, (d) stay in the district and receive $500 in tutorial assistance, or (e) attend a public school outside the district. Simmons-Harris sued, charging that the voucher program violated the First Amendment's free exercise clause because only 10 percent of the private schools available were religious, and only 5 percent of students used their vouchers at private schools.

14th

Does the voucher program offend the 14th Amendment to the Constitution?

N

Epstein and Walker, p194

dissenting

7–2

1982

That the power to tax involves the power to destroy; that the power to destroy may defeat and render useless the power to create;

The result is a conviction that the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the General Government.

prostrating

Can Congress take over an industry in order to prevent a union from striking?

but Congress has clearly chosen to rid itself of that power and give it to the president.

The order cannot be upheld on the basis of the several provisions of the Constitution that grant executive power to the president.

Truman's action can be upheld as an exercise of the president's inherent military power as commander-in-chief.

against

Vietnam War,

sugar manufacturing industry

Jackson: dissenting

Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises?

amicus briefs

So do you think, Mr. Cortman, suppose there was an application and a -- from a -- a church that used its playground for religious activities. Had prayer services there, for example.

And so it's not only the church, it's other religious organizations. And Missouri Supreme Court case law says the way we decide those questions is -- is -- is how much religious influence is there in a church? In other words, are they serious about their faith? Do they -- is it voluntary for the students there? And so there's a question about how religious you may be in order to receive the benefit or not.

They want the paving of their playground. Could -- could this -- could they demand as a matter of Federal constitutional right that that playground be funded, even though they have an -- an admissions policy that favors members of their church?

Okay. Last one. This is a New York City program that provides security -- money for security enhancements at schools where there's fear of shooting or other school violence.

It's an issue on which I -- I guess I'm going to say nobody is completely sure that they have it right. And -- and so I guess there's something attractive about having some play in the joints where States can go their own way and make their own choices. And why shouldn't this be one of those cases?

We seem to be confusing money with religious practice.