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12.4 FRQ

Read the following excerpts and complete A, B, C, and D.
In Zelman v. Simmons-Harris, 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.

Question 1

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

Question 2

Short answer
Based on the provision identified in part A, explain how the facts of Engel v. Vitale and the facts of Zelman v. Simmons-Harris led to different rulings.

Question 3

Short answer
Describe an action that could be taken by members of the public who disagree with the ruling in Zelman v. Simmons-Harris in an effort to limit the impact of the decision.

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