Under establishment clause the government maintains the power to do all of the following except?
Posted in: zjnq.com Date: March 11th, 2010
b. provide public funds for some uses in church related schools
c. establish an acceptable voluntary prayer for use in public schools
d. exercise control over public seasonal displays
They always have control over public seasonal displays because the government has control over all displays it puts out publicly. The establishment clause places some restrictions on how they make decisions regarding that, but doesn't stop the government from having general control.
The one power in this question actually established by the first amendment freedom of religion is the power to leave churches untaxed. However it is the free exercise clause, not the establishment clause. The government doesn't tax churches because they have freedom to exercise their religion and taxes require them to have enough funding to pay them, which places a burden on religion that congress deems inappropriate.
That leaves C, which is a power government does not have because the establishment clause forbids it. By establishing a voluntary prayer, the government expressly puts prayer above non-prayer, which in a small way establishes some religious beliefs above others, even if it's voluntary. There mere power of suggestion by the government is excessive.
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