Reference no: EM133416713

2 in Zelman v. Simmons-Harris,47 the Supreme Court considered a school voucher pilot program in Ohio providing tuition aid for certain students in the Cleveland City School District to attend participating public or private schools of their parent's choosing and tutorial aid for students who chose to remain enrolled in public school. Both religious and nonreligious schools in the district participated in the program.

The Supreme Court ruled that because the program was enacted for the valid secular purpose of providing educational assistance to poor children in a demonstrably failing public school system, the program was neutral with respect to religion and provided assistance directly to a broad class of citizens who, in turn, directed government aid to religious schools wholly as a result of their own genuine and independent private choice.

1. Identify the constitutional provision that is common to both Zelman v. Simmons-Harris (2002) and Engel v. Vitale (1962).

2. Based on the provision identified in part A, explain how the facts of Engel v. Vitale led to a different ruling than in Zelman v. Simmons-Harris.

3. Explain how members of the public who disagree with the ruling in Zelman v. Simmons-Harris could act to limit its impact.