The applicability of the Establishment Clause to public funding of benefits to religious schools was settled in Everson v. Board of Ed. of Ewing, which inaugurated the modern era of establishment doctrine.

When Congress exercises the powers delegated to it by the Constitution, it may impose affirmative obligations on executive and judicial officers of state and local governments as well as ordinary citizens.

Legislatures not driven to desperation by the problems of public education may be able to see the threat in vouchers negotiable in sectarian schools.

David Souter Quotes