The 1996 voucher program in Cleveland led to a lawsuit over vouchers and
religious freedom heard by Supreme Court in 2002
December 12, 2000|From Associated Press
CINCINNATI — Setting the
stage for a possible Supreme Court ruling on the separation of church and
state, a federal appeals court Monday declared Cleveland's school voucher program
unconstitutional because it uses tax money to send students to religious
schools.
America
was not awake – we didn’t see the damage this would cause and
it ended up in front of
SCOTUS which chose to rule in favor of for-profit religious education.
SCOTUS decision said:
vouchers don’t necessarily violate the First Amendment.
But things are changing
For 36 years ALEC was like a bunch of little kids playing in the mud in the
barnyard. They would write legislation,
then throw it at the wall to see which ones would stick, which ones would actually become law.
No one knew what they were doing – or even who they were.
Ultraconservative – pro-business legislators that were being
wined and dined, three times a year, in posh hotels and luxury resorts,
by corporate lobbyists, to write “model legislation” that
favored business profits and revenues
instead of writing legislation "for the people" (human people).
ALEC was unknown
That was then - this is now.
Things are changing
Now – ALEC refuses to accept responsibility for the “model
legislation” that they have helped to distribute to ALEC legislators across the
US.
Now – ALEC refuses to accept responsibility for their part in
bringing together legislators and corporate lobbyists behind closed doors.
Now – ALEC refers to ALEC as the “exchange” or the “council”
Now – ALEC refers to their “model legislation” as “policy”.
Now – ALEC "full membership shall be open to persons ... dedicated to "limited representative government"
Now – all of their legislation through 2010 is available
on ALECExposed so people can see where these vile bills are coming from.
But
ALEC legislators and ALEC corporate lobbyist members are still making
believe that they are hotshot politicians - making
believe that they are real politicians that write valid legislation (instead of lazy, ignorant politicians that pick up new pre-written legislation three times a year at ALEC meetings).
But in reality, ALEC members are still a bunch of little kids playing in the mud in the
barnyard, writing vile legislation, then throwing it at the wall to see which ones will stick.
Things are changing
Now the people are fighting back.
Rather than being ignorant about ALEC and letting ALEC legislators continue their vicious destruction of the USA , people are questioning the "model legislation/policies" that ALEC legislators are trying to push through their state houses.
And that's a very good thing.
But today - - - - maybe it's time to look at what is happening with some of that ALEC legislation/policy, distributed at ALEC meetings - - - - across the USA.
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2011
September 29, 2011
by Allison Padgett
| September 29, 2011
In a serious blow to the anti-worker agenda of Gov. Jan
Brewer and the state Legislature, a federal court judge recently ruled that Arizona’s paycheck
deception law is unconstitutional.
modeled after legislation written by the conservative
national group American Legislative Exchange Council (ALEC)
2011
An ambitious voucher program in suburban Denver’s
Douglas County was struck down as
unconstitutional on August 12. Judge Michael A. Martinez of the District Court of Denver County
found that the so-called “Choice Scholarship Pilot Program” violated the
Colorado Constitution’s religious liberty provisions that ban the appropriation
of public funds to religious schools, which are the vast majority of
recipients. Martinez also held that the program
violates Colorado’s
Constitution and statutes that require educational funds to be spent on public
education and under public control.
2011
Although the U.S. Supreme Court held in Crawford v.
Marion County Election Board that Indiana's relatively similar voter ID
law did not violate the U.S. Constitution, the cases considered by Judges
Flanagan and Niess were brought under the Wisconsin Constitution which, unlike
the U.S. Constitution, expressly protects the right to vote.
2012
July 9, 2012
The U.S. Supreme Court ruled on Arizona’s
Senate Bill 1070 on Monday in a 5-3 decision, declaring several provisions of
the law to be unconstitutional, while
preserving the provisions allowing for Arizona
law enforcement officers to ask for documentation from those they believe might
be in the country illegally.
2012/2013
2/12/2013
Last November, Baton Rouge District Judge Tim Kelley shot
down Jindal’s far-ranging school voucher program when he
ruled it was
unconstitutional for the state to use funds—about $25 million this
year—dedicated for public education to pay private-school tuition
Then late last month, another Baton Rouge District Judge,
William Morvant, ruled the administration’s 401 (k)-type pension plan scheduled
to take effect July 1 for future state employees also was unconstitutional
because it had passed the legislature by a simple majority vote and not by the
necessary two-thirds majority.
2013
In the eyes of most legal scholars, however, the efforts are
unconstitutional.
“The states can’t simply choose to defy and override a valid
federal law,” said Allen Rostron, a professor of constitutional law at the
University of Missouri-Kansas City.
The U.S. Constitution deems federal statutes “the supreme
law of the land,”
This article led to article named:
GOP Leaders in General Assembly Leaders Embrace Discredited
Nullification Theories
February 27, 2013
A coalition of educators and community groups has filed a
legal demand with the Washington Attorney General challenging the
constitutionality of Initiative 1240, the state’s new charter school law.
The demand asserts I-1240, the Charter School Act, violates
the Washington Constitution by improperly diverting public school funds to
private non-profit groups
Jun 18, 2013
First off, great news!
The lawsuit filed by Nebraska landowners challenging the constitutionality of the Keystone XL pipeline route
in Nebraska is moving forward, after a decision issued last week.¹ Despite two
attempts by the State of Nebraska to have our case thrown out, our claims that
LB 1161 unconstitutionally granted exclusive authority to Gov. Dave Heineman to
approve a pipeline route and give TransCanada eminent domain powers to seize
our land will now go to trial.
July 23, 2013
by Common Dreams
Landmark Lawsuit Challenges 'Ag-Gag' Law
Animal welfare groups, individuals start legal fight against
'unconstitutional' Utah
law that gags reporters and whistleblowers from documenting abuse
A group of animal rights groups and advocates filed a
landmark lawsuit on Monday challenging Utah's
"ag-gag" law as an unconstitutional attack on free speech and freedom
of the press that criminalizes whistleblowers while shielding corporate
agriculture.
states, largely through the efforts of the conservative
American Legislative Exchange Council, have adopted similar laws
August 22, 2013
Laura Beans | August 22, 2013
The lawsuit, filed by the Great Rivers Environmental Law
Center, contends that the Joint Commission on Administrative Rules (JCAR)—a
group of 10 Missouri legislators that reviews state rules and
regulations—removed two important paragraphs in the law, allowing utilities an
end run around the new renewable standard.
“JCAR’s action was not only unconstitutional, it was also an
infringement on a state agency’s ability to have its own rules published, as
well as an infringement on the people’s right to enact legislation by
initiative petition,” said Heather Navarro of Missouri Coalition for the
Environment.
9/11/2013
Indiana “Right-To-Work” (for less) Ruled Unconstitutional
“INDIANAPOLIS (AP) — A Lake County judge has determined Indiana’s right-to-work
law violates a provision in the state constitution barring the delivery of
services “without just compensation.”
one-size-frack-all zoning provision, which sought to
eliminate local community control of where and under what conditions the fossil
fuel industry could operate.
A close examination suggests that an ALEC model bill is
quite similar to the recently overturned Act 13.
It is likely
modeled after and inspired by an ALEC bill titled, “An Act Granting the
Authority of Rural Counties to Transition to Decentralized Land Use
Regulation.” This Act was passed by ALEC’s Energy, Environment, and Agriculture
Task Force at its Annual Meeting in August 2010 in San Diego, CA.
10/18/2013
“
In the past year, legislatures in seven western states -
Utah, Arizona, Wyoming, New Mexico, Colorado, Nevada and Idaho - have passed,
introduced, or explored legislation demanding that the federal government turn
over millions of acres of federal public lands to the states,” according to a
March report from the liberal Center for American Progress.
But as Utah’s
own legislative analysts wrote at the time, Supreme Court precedent and the
Constitution suggest that the law would be unenforceable.
2014
1/2/2014
U.S. District Judge Mary Scriven ruled on Tuesday that Florida’s 2011 change to
its welfare program, which mandates recipients undergo drug testing, violates
the Fourth Amendment’s protection against unreasonable search and seizure and
is thus unconstitutional.
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A quick look at what is happening with some of the past ALEC legislation/policy, distributed at ALEC meetings and brought to your state to be introduced into law.
Not really impressive - throwing mud at the wall - not legitimate legislation.
Going forward:
ALEC members are still like a bunch of little kids playing in the mud in the
barnyard,
pushing vile pro-corporate legislation, that could very well be unconstitutional at the state or federal level,
then throwing it at the wall to see which ones would stick.
Did the legislation they threw at the wall in the past, all end up as unconstitutional?
Only time will tell.
In the past many pieces of ALEC "model legislation / policy" were introduced and never critically reviewed for constitutionality - and ended up being law. These past laws that weren't properly reviewed, for constitutionality - now can be used as precedence to pass other vile legislation.
Going forward:
It is the people's dedication and vigilance to stop ALEC legislation,
It is the people's dedication and vigilance that will determine history when it comes to the damage ALEC legislators will do to our country.
Going forward:
We must keep our attention on all legislation that is
sponsored or co-sponsored by
ALEC legislative members. (Remember that is a partial list - ALEC members hide their membership because they are ashamed.)
Going forward:
We must challenge legislation sponsored or co-sponsored by
ALEC legislative members – even amendments to standing law (ALEC’s new trick). Remember - ALEC legislation very seldom serves "the human people" and there is a definable corporate profit / revenue reason for most legislation introduced by ALEC legislators for their "corporate people".
Going forward::
passed by an overwhelming majority
Means nothing in states that are ruled by ALEC
ALEC members are extremists who protect and support each other - cause of their extremist ultra-conservative, pro-corporate philosophies.
Going forward:
The unconstitutionality of the legislation merely amplifies
the vile, abusive nature of the legislation.
Going forward:
Wherever you are, fight ALEC’s influence in your state!
