A state passed a statute that provided for direct reimbursement from public funds to nonpublic schools, including religious schools, of the cost of performing various testing services required of all schools by state law. The three state-prepared tests involved consisted of a student evaluation test, a comprehensive achievement test, and scholarship and college qualification tests. The law also provided for payment to the nonpublic schools for the grading of the tests, which are graded objectively. On review by the Supreme Court, what is the likely result?

Question

Social Studies

Obie

16 May, 15:07

A state passed a statute that provided for direct reimbursement from public funds to nonpublic schools, including religious schools, of the cost of performing various testing services required of all schools by state law. The three state-prepared tests involved consisted of a student evaluation test, a comprehensive achievement test, and scholarship and college qualification tests. The law also provided for payment to the nonpublic schools for the grading of the tests, which are graded objectively. On review by the Supreme Court, what is the likely result?

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Aussie · Answer 1

On review by the Supreme Court, the most likely result would be that the Supreme Court would term the statute as unconstitutional by citing the First Amendment to the Constitution.

Explanation:

The First Amendment to the Constitution clearly states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. Hence, owing to the provision made in the statute to fund religious institutions along with other institutions, the Supreme court would deem the statute to be unconstitutional stating that the provisions done through the First Amendment are breached by the statute.