William J. Brennan, Jr.

Name: Aguilar v. Felton — Opinion of the Court
Author: William J. Brennan, Jr.

Aguilar v. Felton — Opinion of the Court

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“Aguilar v. Felton — Opinion of the Court”, is a work by William J. Brennan, Jr.. It explores elements such as programs, the City of New York and the Establishment Clause.

Quotes from Aguilar v. Felton — Opinion of the Court (William J. Brennan, Jr.)

William J. Brennan, Jr., Aguilar v. Felton — Opinion of the Court

“ In addition, the religious school must obey these same agents when they make determinations as to what is and what is not a "religious symbol," and thus off limits in a Title I classroom. In short, the religious school, which has as a primary purpose the advancement and preservation of a particular religion, must endure the ongoing presence of state personnel whose primary purpose is to monitor teachers and students in an attempt to guard against the infiltration of religious thought. ”

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Source: Wikisource

William J. Brennan, Jr., Aguilar v. Felton — Opinion of the Court

“ Unlike a book, a teacher cannot be inspected once so as to determine the extent and intent of his or her personal beliefs and subjective acceptance of the limitations imposed by the First Amendment. These prophylactic contacts will involve excessive and enduring entanglement between state and church. ”

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Source: Wikisource

William J. Brennan, Jr., Aguilar v. Felton — Opinion of the Court

“ The principle that the state should not become too closely entangled with the church in the administration of assistance is rooted in two concerns. When the state becomes enmeshed with a given denomination in matters of religious significance, the freedom of religious belief of those who are not adherents of that denomination suffers, even when the [p410] governmental purpose underlying the involvement is largely secular. In addition, the freedom of even the adherents of the denomination is limited by the governmental intrusion into sacred matters. ”

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Source: Wikisource

William J. Brennan, Jr., Aguilar v. Felton — Opinion of the Court

“ The field supervisors, in turn, report to program coordinators, who also pay occasional unannounced supervisory visits to monitor Title I classes in the parochial schools. The professionals involved in the program are directed to avoid involvement with religious activities that are conducted within the private schools and to bar religious materials in their classrooms. All material and equipment used in the programs funded under Title I are supplied by the Government, and are used only in those programs. The professional personnel are solely responsible for the selection of the students. ”

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Source: Wikisource

William J. Brennan, Jr., Aguilar v. Felton — Opinion of the Court

“ The City of New York uses federal funds to pay the salaries of public employees who teach in parochial schools. In this companion case to School District of Grand Rapids v. Ball, ante, p. 373, we determine whether this practice violates the Establishment Clause of the First Amendment.
I A The program at issue in this case, originally enacted as Title I of the Elementary and Secondary Education Act of 1965, [1] authorizes the Secretary of Education to distribute financial assistance to local educational institutions to meet the needs of educationally deprived children from low-income families. ”

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Source: Wikisource

William J. Brennan, Jr., Aguilar v. Felton — Opinion of the Court

“ A local educational agency may use funds received under this subchapter only so as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs and projects assisted under this subchapter, and in no case may such funds be so used as to supplant such funds from such non-Federal sources. ”

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Source: Wikisource

William J. Brennan, Jr., Aguilar v. Felton — Opinion of the Court

“ The prophylactic contacts required to ensure that teachers play a strictly nonideological role, the Court held [in Lemon] , necessarily give rise to a constitutionally [p411] intolerable degree of entanglement between church and state. Id. at 619. The same excessive entanglement would be required for Pennsylvania to be "certain," as it must be, that . . . personnel do not advance the religious mission of the church-related schools in which they serve. Public Funds for Public Schools v. ”

William J. Brennan, Jr.

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