Lecture 12 POLS 207Outline of Last Lecture: Fiscal and Policy Capacity of the States Part 1I. Increased federal gvt. role in educationA. ESEA (1965)B. NCLB (2001) II. Northwest Ordinance of 1787III. “Incrementalism”Outline of Current Lecture: Fiscal and Policy Capacity of the States Part 2I. Government funding for religious schools?A. Constitutional (national and state) issueB. Selective incorporationC. Supreme Court’s 3-fold testD. Political considerationsE. Federal education aid between 1965 and 2001Current Lecture:Prior to ESEA (“Elementary Secondary Education Act” - 1965) - Federal aid money very small- Targeted to specific matters- Barriers to “general” federal aid for K-12 education before ESEA (1965)Overview: Private religious schools, racially segregated schools, fear of “federal control” Barriers to “general” federal aid for K-12 education before ESEA - Religious (“parochial”) schools –Should the government give them funding? That’s the big question.o See also D&M chapter 16:554-57Constitutional issue…involving both national Constitution and numerous STATE constitutions.- 1st Amendment to US Constitution….”Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;”- Texas Bill of Rights (Article 1, Section 7) - “No money shall be appropriated or drawn from the Treasury for the benefit of any sect, religious society, theological or religious seminary...” Reminder: Free exercise thereof, establishment of religion, with “selective incorporation” (initiated by Gitlow v. New York, 1925), this part of national Bill of Rights now also applies to states 1940s – See also D&M chapter 9:293 – 94By mid 1960s, US and state constitutional issue of public funds to religious schools finessed with“child benefit” doctrine Cochran v. Board of Education, 1930US Supreme Court’s 3-fold test to see if an issue of governmental entanglement is permissible (since 1970s) “Lemon test” (D&M 16:555 - 56) - The activity needs to have a primarily secular purpose- Neither advance nor inhibit religious expression of any group- No excessive entanglement (for example, no ongoing monitoring of religious instruction/activities) Lemon v. Kurtzman, 1971Political considerations: - Fear among protestants of “Catholicism” (esp. distrust of the institutional Catholic “church.” Fear that they might interfere/intervene with government)- Complicated legislative politics…Northeast and Midwest Dems esp. (And some Reps) refused to support “general” federal aid unless it also went to catholic schools- Racially segregated schools (esp. after 1954 Brown Decision) – becomes moot w/ passage of 1964 Civil Rights Act. Prior to 1964 one of the barriers to federal aid had to do with this question of what to do with (mostly Southern) schools that were still segregated? These schools were unconstitutional/illegal, and so funding them was tricky.- Federal control – if Federal government funds public education it will be the first stepon the slippery slope of extensive monitoring of/control over education (esp. fear of national test and curricula).Political log-jam over enhanced federal aid bill for K-12 education was broken in 1965 with the results of the 1964 elections…ESEA consequence of Nov. ’64 elections and break-up Republican  Southern Democrat leg coalition. Democrat Lyndon Johnson defeats Republican Barry Goldwater with 61% of the popular vote.  Also in 1965 the US Congress enacts - Medicare and Medicaid- Voting Rights Act of 1965(This was the “golden age” of activist national government policymaking for Democrats)Typical “template” for federal aid to education between 1965 (ESEA) and 2001 (NCLB)- $7 – 8 billion in (“Title 1”) federal aid to states and localities with officials feeling “entitled” to stream of federal dollars- Even though ESEA was NOT “general” aid, it was “targeted” to schools with a “high” concentration of children from “low” (<$2000) income families- ….to reflect “equity” theme of ‘60s Great Society and to satisfy critics of federal aid to religious schools- Use of “strings”- Decision-making