CONSTITUTIONAL LAW 1

I. THE FEDERAL JUDICIAL POWER

Article III: Interpretation of C, federal laws, treaties, and admiralty and maritime laws; disputes between states, states and foreign citizens, and diversity cases. Scope of judicial review (Supremacy Clause of Article VI): Constitutionality of govt acts and state acts. STANDING: Is P is the proper party to bring a matter to the court for adjudication? o Injury. P personally has been injured or imminently will be injured. (economic loss best) Ps seeking injunctive or declaratory relief must show a likelihood of future harm. o Causation & redressability: D caused injury. Favorable decision likely to remedy. No advisory opinions. o No third party standing. P cant assert claims of others who arent before the court. Exceptions: Close relationship; 3d party unlikely to be able to assert own rights; organization standing, if (i) individual members would have standing; (ii) interests are germane to orgs purpose; AND (iii) neither the claim nor relief requires participation of individual members. o No generalized grievances. Cant sue solely as a citizen/taxpayer seeking government follow the law. Exception: Government expenditures under federal statutes violating Establishment Clause. BUT, no standing to challenge govt grants of property, even if its to religious organizations. RIPENESS: Usually P must be injured first. Here, question of whether court may grant pre-enforcement review of a statute or regulation where P doesnt want to violate the law, wants to get declaratory judgment. o 2 criteria: (i) hardship w/o pre-enforcement review; and (ii) fitness of issue and record for judicial review. MOOTNESS: If events after the filing of a lawsuit end Ps injury, the case must be dismissed as moot. o Exceptions: Capable of repetition but evading review; voluntary cessation; class action where at least one class member has ongoing injury. POLITICAL QUESTION DOCTRINE: Some constitutional claims left to the political branches to resolve. o E.g.: Art. IV republican form of government; foreign policy; impeachment and removal process; partisan gerrymandering. Writ of certiorari: Complete discretion for SCOTUS to take case. Need votes of 4 justices to hear it. o E.g.: State high court cases; US court of appeals cases. Cases SCOTUS must hear: Appeals from three-judge federal district courts opinions (Voting Rights Act); suits between state governments (original and exclusive jurisdiction). Requirements to be heard: Final judgment (no interlocutory review). No independent and adequate state law grounds for the decision. If SCOTUSs reversal of the federal law ground wont change the result in the case, because theres an independent state law decision for it, SCOTUS cant hear it. Cant sue state govt. 11th Am sovereign immunity bars suits against states in fed & state court, and fed agencies. o Exceptions: Statutory waiver; fed laws adopted under 5 of the 14th Am (e.g., Title VII); fed govt suit against state govt; and bankruptcy. o Suits against state officers are allowed for (i) injunctive relief; and (ii) money damages to be paid out of officer pockets (even if indemnified). Cant sue if state treasury will be paying retroactive damages. Abstention. Fed courts may not enjoin pending state court proceedings, even though it has jurisdiction. Must appeal through the state system with your federal claims, and can then get to SCOTUS if lucky.

A. ARTICLE III REQUIREMENT FOR CASES AND CONTROVERSIES

B. SUPREME COURT REVIEW

C. LOWER FEDERAL COURT REVIEW

II. THE FEDERAL LEGISLATIVE POWER, ARTICLE I

A. CONGRESS AUTHORITY TO ACT
No general federal police power. Congress has to be able to point to express or implied authority. o Exceptions: (i) military; (ii) Indian reservations; (iii) federal lands or territories; OR (iv) DC. Necessary & proper clause, 8. Congress can choose any means not prohibited by C to carry out its authority.

CONSTITUTIONAL LAW 2 Taxing/spending power: Congress can tax/spend for general welfare. Commerce Power: Congress may regulate the channels of interstate commerce (highways, internet, etc.); instrumentalities of IC (phones, trucks); and persons or things in IC (stock, insurance, power lines, cattle, people). o Economic activities with substantial effect on IC: Look to aggregate effect. eg: Even small amounts of marijuana for medicinal use can be regulated because pot travels in IC in the aggregate. o Non-economic activities effect on IC: Substantial effect cant be base on cumulative impact. U.S. v. Morrison: not every state provided findings of effect of DV & SA, but law applied nationwide, so no go. 10th Amendment as a limit on Congressional powers: All powers not granted to the US, nor prohibited to the states, are reserved to the state or the people. Congress cant compel state regulatory or legislative action, but can prohibit harmful commercial activity by state governments (not affirmative duty, just bar on bad practices). o Conditioning grants to states to induce behavior: Congress can put strings on grants, so long as conditions are expressly stated and relate to the purpose of the spending program (e.g.: 21 year old drinking age). 5 of the 14th Am. Congress may not create new rights or expand the scope of rights. Congress may act only to prevent or remedy violations of rights recognized by the courts and such laws must NARROWLY TAILORED such that they are PROPORTIONAL and CONGRUENT to remedying constitutional violations. No limit exists on Congress ability to delegate legislative power to agencies. Legislative vetoes (congressional resolution to overturn an agency rule) and line-item vetoes (president vetoing only part of a bill) are unconstitutional. For Congress to act, there must always be bicameralism (passage by both the House and the Senate) and presentment (giving the bill to the President to sign or veto). Congress may not delegate executive power to itself or its officers.

B. DELEGATION OF POWERS

III. THE FEDERAL EXECUTIVE POWER, ARTICLE II

A. FOREIGN POLICY
Treaties: Negotiated by President with foreign country. Effective when ratified by the Senate. o Conflicts: Cant conflict with US Constitution; if conflicts with fed statute, one adopted last in time controls; prevails over conflicting state laws. Executive agreements: Effective when signed by the President and the head of the foreign nation. o Conflicts: Prevail over conflicting state laws, but never over conflicting federal laws or the Constitution. Use of American troops in foreign countries: The President has broad powers as Commander-in-Chief; cases about will likely be dismissed as non-justiciable political questions, and because of the Presidents broad power. APPOINTMENT AND REMOVAL POWER o Presidential appointments: Ambassadors, federal judges, and officers of the US. (The Senate then confirms them.) o Congressional authority to appoint: Congress may vest the appointment of inferior officers in the President, the heads of departments, or the lower federal courts (inferior officers are those who can be fired by an officer of the US). Congress cant give the appointment power to itself or its officers. o Removal power. Unless limited by statute, the President may fire any executive branch officer. Exception: Office where independence from President is desirable (e.g., Special Prosecutor investigating the President); AND removal isnt prohibited, its just limited to good cause. IMPEACHMENT AND REMOVAL. The President, the VP, fed judges, and officers of the US can be impeached by majority vote of Congress and removed from office post-trial by Senate (2/3 vote) for treason, bribery, or for high crimes and misdemeanors. PRESIDENTIAL IMMUNITY FROM CIVIL SUIT: absolute immunity to civil suits for money damages for any actions while in office. No immunity for actions that occurred prior to taking office.

B. DOMESTIC AFFAIRS

CONSTITUTIONAL LAW 3 EXECUTIVE PRIVILEGE OF PRESIDENT: For presidential papers and conversations, but must yield to other overriding important government interests. PARDON POWER: President can pardon those accused or convicted of federal crimes. Cant pardon someone who was impeached. Can only pardon as to criminal liability, not as to civil liability.

IV. FEDERALISM
Limits what state and local government can do because of the existence of federal government and other states. Supremacy Clause of Art. VI: Constitution, and laws and treaties made pursuant to it, are supreme law of the land. Types of preemption: o Express preemption: Federal statutes that say that state and local laws in this area are invalid. o Implied preemption: Conflict, obstacle/interference, and field. Intergovernmental Immunity: States may not tax or regulate federal government activity, or burden federal activity, e.g., states cant apply their stricter state environmental laws to the federal government. Dormant commerce clause (negative implications of commerce clause): State and local laws are unconstitutional if they place an undue burden on IC, i.e., prevents states and local governments from interfering with IC. o Congressional approval of a state or local law means the commerce clause is no longer dormant, and with such approval, state law wont be found unconstitutional. Privileges and immunities clause of Article IV: No state may deprive citizens of other states of the privileges and immunities it accords its own citizens. Anti-discrimination provision. o Market participant exception: State or local government may prefer its own citizens in receiving benefits from govt programs or in dealing with govt businesses. e.g.: In-state tuition benefit, or govt acting as biz. o Distinguish - Privilege and immunities clause of the 14th Amendment: (wrong answer unless involves the right to travel.) No state shall deprive any citizen of the privileges and immunities of being a US citizen. Does the state law discriminate against out-of-staters? o IF NO, Privileges and immunities clause of Article IV doesnt apply. DCC violated if the laws burdens exceed its benefits. e.g.: IL required a kind of mud guard different from the mud guards used by every other state on big trucks. Too much of a burden. o IF YES, Privileges and immunities clause of Art. IV violated if the state law interferes with civil liberties or important economic activities (i.e., ability to earn a living) unless it is necessary to achieve IMPORTANT government purpose and the discrimination is NECESSARY (no less discriminatory alternative available. Note: no protection for corps and aliens. DCC violated if law burdens IC unless NECESSARY to achieve important govt purpose, i.e., no less discriminatory alternative. Only case was Maine v. Taylor the state was worried that imported fish would bring diseases to their fish, so valid to protect environment States may not use their tax systems to help in-state businesses. Must be substantial nexus to state to tax an activity. Taxation of interstate business must be fairly apportioned. e.g.: IC trucking company can only be subject to % of revenue earned in that state. Courts in one state must give full faith and credit to judgments of courts in another state, so long as all of the following requirements are met: (1) court had jurisdiction over parties and subject matter; (2) judgment on merits; and (3) judgment is final.

A. PREEMPTION

B. THE DORMANT COMMERCE CLAUSE AND PRIVILEGES & IMMUNITIES CLAUSE OF ARTICLE IV

C. STATE TAXATION OF INTERSTATE COMMERCE

D. FULL FAITH AND CREDIT

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V. THE STRUCTURE OF THE CONSTITUTIONS PROTECTION OF INDIVIDUAL LIBERTIES

A. IS THERE GOVERNMENT ACTION?
Constitution applies only to government action, federal, state, and local. Private conduct need not comply with C. Statutory exceptions allowing application of constitutional norms to private conduct: o 13th Am: Prohibition of private race discrimination. 1, cant own slaves, no involuntary servitude, 2, Congress has broad powers to enforce the 13th Am, i.e., can prohibit racial discrimination. o Commerce power: Discrimination affects IC. e.g., CRA of 1964 prohibits racial discrimination in hotels. o NOTE: Congress cant use 5 of the 14th Am to regulate private behavior. Private actors acting under color of law: o Conspiracy / Joint Action: State and private actor worked together, engaged in constitutional deprivation. o Nexus: State provided such encouragement that the act of the private party can be deemed to be that of the state. State licensing and funding is not enough. Even extensive state regulation is not enough. o Entwinement test: Govt authorizes or encourages or facilitates private conduct. Explicit involvement. o Exclusively public function: Traditionally something that the state and the state alone has done. o Symbiosis test: Both parties are benefiting so much from each other that they the private actor can be held to be acting under COL because the state is getting benefit from their actions. Application: Directly to federal govt. State and local through its incorporation into 14th Am DPC. What has NOT been incorporated to the states? o 3rd Am right to not have a soldier quartered in a persons home. o 5th Am right to grand jury indictment in criminal cases. o 7th Am right to jury trial in civil cases. o 8th Am right against excessive fines. o EVERYTHING else is incorporated. Rational basis test: RATIONALLY RELATED to a LEGITIMATE government purpose. P has burden. o Need only be a conceivable legit purpose, it doesnt even have to be the actual purpose. Intermediate scrutiny: SUBSTANTIALLY RELATED to an IMPORTANT government purpose. Govt burden. o Court will look only at the governments actual objective, not just a conceivable one. o Substantially related: Doesnt have to be the best way, least restrictive alternative, just good way. Strict scrutiny: NECESSARY to achieve a COMPELLING government purpose. o Actual purpose, no less restrictive alternative, more than narrowly tailored.

B. THE APPLICATION OF THE BILL OF RIGHTS

C. LEVELS OF SCRUTINY

VI. DUE PROCESS

A. DEFINITIONS
Procedural DP: Procedures government must follow when it takes away a persons life, liberty, or property. Substantive DP: Government must have an adequate reason for taking away someones life, liberty, or property. Equal Protection: The governments differences in the different treatment of people must be adequately justified. Has there been a deprivation of life, liberty, or property? o Deprivation of liberty: Loss of significant freedom provided by C or statute. e.g.: To institutionalize adult, notice and a hearing, unless there is an emergency. Parent is institutionalizing a child, screening by neutral factfinder. No deprivation from harm to reputation. Prisoners rarely have liberty interests. o Deprivation of property: Entitlement and it isnt fulfilled. Continuing benefit or right to benefit. o Intentional or at least reckless government action required for liability to exist; negligence not enough. EMERGENCY SITUATIONS: Conduct must shock the conscience (govt intended to hurt vic).

A. PROCEDURAL DUE PROCESS

CONSTITUTIONAL LAW 5 o Failure to protect doesnt deny DP, unless person is in govt custody or govt created the danger. What procedures are required if deprivation of DP? Balancing test: (1) importance of interest to individual; (2) ability of addl procedures to increase accuracy of fact-finding; and (3) govt interest (efficiency, saving money). Laws affecting economic rights are only subjected to rational basis review. Minimal protection. TAKINGS CLAUSE: The government may take private property for public use if it provides just compensation. o Is there a taking? Possessory taking: Government confiscation of physical occupation of property. Regulatory taking: Regulation (either new or in existence when property was acquired) leaves no reasonably economically viable use of the property. Cant just be a reduction in a value. Government conditions on development of property must be justified by a benefit that is roughly proportionate to the burden imposed; otherwise, its a regulatory taking. Temporary denial of use of property is not a taking so long as govt action is reasonable. o Is it for public use? Govt only needs reasonable belief that the taking will benefit the public. o Is just compensation paid? Measured in terms of the loss to the owner using reasonable market terms. CONTRACTS CLAUSE. Art. I, 10. No state (doesnt apply to feds) shall impair the obligations of existing Ks. o Legislation must not SUBSTANTIALLY IMPAIR a partys rights under an existing K unless the law a reasonably and narrowly tailored means of promoting an IMPORTANT & LEGITIMATE public interest. o State or local interference with government Ks must meet strict scrutiny. o Retroactive civil liability only need meet a rational basis test. STRICT SCRUTINY - Rights to: Marry; procreate; custody of ones children (cant terminate custody unless compelling reason, but the state can create an irrebuttable presumption that a married womans husband is the father of her children); keep your family together; control upbringing of your children (can bar grandparent visits); and purchase & use contraceptives. UNDUE BURDEN TEST - Right to abortion: Prior to viability, states may not prohibit abortions, but may regulate abortions so long as they dont create an UNDUE BURDEN on the ability to obtain abortions. After viability, states may prohibit abortion unless necessary to protect womans life or health. o Not undue burden: 24 hour waiting period; requiring licensed physician to perform abortion; prohibition of partial birth abortions. o Undue burden: Spousal consent and notification laws. o Government has no duty to subsidize abortions or provide abortions in public hospitals. o Parental notice and consent laws for unmarried minors: Acceptable so long as the state creates an alternative procedure where a minor can obtain abortion by going before a judge who can approve the abortion by finding it would be in minors best interests or that she is mature enough to decide for herself. UNDETERMINED LEVEL: Right to engage in private consensual homosexual activity. No level of scrutiny articulated in Lawrence v. Texas. CLEAR AND CONVINCING EVIDENCE - Right to refuse medical treatment. Per Cruzan, o competent adults have the right to refuse medical treatment, even life-saving medical treatment; o state may require clear and convincing evidence that a person wanted treatment terminated before its end; o AND a state may prevent family members from terminating treatment for another. NO PRIVACY RIGHT: There is not a constitutional right to physician-assisted suicide.

C. ECONOMIC LIBERTIES

D. PRIVACY: A FUNDAMENTAL RIGHT PROTECTED UNDER SDP

E. THE SECOND AMENDMENT RIGHT TO BEAR ARMS

DC v. Heller: Citizens do have a right to have firearms, its not just for militia service. Not an absolute right (can be forbidden in schools, for instance), can regulate who and where. Eg: can say prior felons cant have guns. Incorporated to states by McDonald v. City of Chicago.

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F. THE FUNDAMENTAL RIGHT TO TRAVEL OF THE PRIVILEGES & IMMUNITIES CLAUSE OF THE 14TH AM.
Strict scrutiny for laws denying access to move across states or creating durational residency requirements. o For voting, 50 days is the maximum allowable durational residency requirement. Rational basis for restrictions on foreign travel. International travel isnt a fundamental right. 15th Am says right to vote shall not be infringed upon on the basis of race. Also covered under EP. STRICT SCRUTINY for laws that deny right to vote, or that draw district lines to favor or disadvantage some minority. Unconstitutional to require poll tax, property ownership (except in water district elections). o Regulations of the electoral process to prevent fraud only need be on balance desirable, e.g., show ID. One person one vote: All state & local elections. In multi-district elections, districts must be same in population. At-large elections (where every voter votes for every councilmember) are constitutional unless there is proof of a discriminatory purpose. Counting uncounted votes without preset standards in a presidential election violates EP.

G. THE RIGHT TO VOTE

VII. EQUAL PROTECTION

RACE AND NATIONAL ORIGIN: Strict scrutiny. Face of the law, or as discriminatory impact + intent. o Quotas or set-asides only allowed to remedy clearly proven past discrimination. o Higher ed institutions can use race as one factor among many in admissions to benefit minorities. o Public schools can only use race in assigning students if strict scrutiny is met. Parents Involved (need to show that you are trying to desegregate based on history of segregation). GENDER CLASSIFICATIONS: Intermediate. Face of law or discriminatory impact and intent. o Laws cannot be based on stereotypes. Only allowable to remedy past discrim if clear discriminatory impact plus intent, e.g., SS benefits, different timing for promotion of navy officers. ALIENAGE CLASSIFICATIONS: Scrict. o Exceptions getting rational basis review: (1) Issues involving self-government and democratic process (e.g., voting, serving on a jury, police officer, teacher); (2) Congress has plenary power to regulate aliens. o Exception getting intermediate scrutiny: Issues involving undocumented alien children. The one case addressing this issue was Plyler v. Doe (have to give undocumented kids a free public education). ILLEGITIMACY: Intermediate. Unconstitutional to deprive nonmarital children of benefit, like inheritance rights. But constitutional to impose burdens or set restrictions, like requiring establishment of paternity during fathers lifetime to be able to inherit. RATIONAL BASIS FOR EVERYTHING ELSE: Age discrimination, disability, poverty, sexual orientation (per Romer v. Evans, cant single out gays and lesbians for not being covered from anti-discrimination laws).

VIII. FIRST AMENDMENT: FREE SPEECH

A. GENERAL PRINCIPLES
Importance of speech or assembly right v. interests or policies to be served by govt regulation of speech. Government Speech: Govt speech and funding of speech upheld if rationally related to legitimate state interest. o Government can voice its own opinion and choose to fund private speech that furthers its views (absent other limitations, like the Establishment Clause or EPC). BUT, when government funds private messages, it must do so on a content-neutral basis. Exception: Govt can choose which artists to fund even though its content-based decision. o Public monuments are govt speech, even if privately donated, not subject to Free Speech Clause scrutiny. Private speech regulation: Distinguish between content-neutral and content-based laws. o CONTENT-BASED laws (subject matter restriction based on topic of speech, or viewpoint restriction, based on ideology): STRICT SCRUTINY. (not obscenity and defamation) o Content-neutral laws: INTERMEDIATE SCRUTINY.

CONSTITUTIONAL LAW 7 Prior restraint as judicial order to stop speech before it occurs: STRICT SCRUTINY. o Must show: (1) Special societal harm if speech isnt stopped before it starts; (2) narrowly drawn, reasonable, and definite standards; (3) injunction promptly sought; and (4) prompt and final determination of the validity of the restraint. Proper order must be obeyed until vacated or challenge will be barred. Prior restraint as licensing or permit system that stops speech before it occurs: STRICT SCRUTINY. o Must show: (1) important reason for license/permit; (2) clear criteria, almost no discretion to the licensing authority, AND (3) procedural safeguards (prompt review of applications, judicial review of denials). Unconstitutional Vagueness: Reasonable person cannot tell what speech is prohibited. Violates DP. Overbreadth: A law regulates substantially more speech than what the Constitution allows to be regulated. Will usually be found facially invalid, hence cant be enforced against anyone. Alternatively, court will develop a limiting construction to remove the threat to constitutionally protected expression. Scope of speech: Freedom to speak includes the freedom not to speak. Includes symbolic speech. o Symbolic speech: Govt can regulate symbolic speech if there is an important interest unrelated to suppression of the message and effect is no greater than necessary to achieve the governments purpose. Constitutionally protected symbolic speech: Flag burning; cross burning (in the woods, but not on the lawn of an African American family where there was intent to threaten). Unprotected speech symbolic speech: Draft card burning (govt has an interest in having men keep their draft cards in case an emergency mobilization is needed). o Election campaign contribution & spending limits: Corp & individual expenditure limits are unconst. Contribution limits to individual candidates are constitutional. Corps cant give directly to one candidate. o Anonymous speech is constitutionally protected. Incitement of Illegal Activity: Unprotected. o Test: (1) substantial likelihood of imminent illegality, AND (2) the speech is directed at causing imminent illegal activity. Obscenity and sexually-oriented speech: Some protection. o 3-Part Test (Miller v. California): (1) Material appeals to the prurient (that which excites morbidly lustful and lascivious thoughts) interest by contemporary community standards; (2) patently offensive under the laws definition of obsenity; AND (3) taken as a whole, lacks serious redeeming artistic, literary, political, or scientific value, based on a national standard. o Adult bookstores and movie theaters: Govt may use zoning ordinances to regulate location (preserving character of neighborhood and home values), but cannot ban them altogether. o Child porn: The government may ban child pornography even if its not obscene. o Private possession of obscene material: Protected, unless its child porn, which can be banned. Profane and indecent language: Protected. o Exceptions: Broadcast media (not cable); speech in schools. Commercial speech: INTERMEDIATE SCRUTINY, i.e., NARROWLY TAILORED to DIRECTLY ADVANCE a SUBSTANTIAL GOVT INTEREST. o Exception: No protection for advertising that is false, deceptive, or that promotes illegal activity. Defamation & privacy: See torts outline. Speech by government employees on the job in the performance of their duties: NO PROTECTION. Public forums, like sidewalks and parks: Speech can only be regulated if (1) subject-matter and viewpoint neutral; and (2) regulation is time, place, and manner restriction that serves an important government purpose and leaves open adequate alternative locations for communication. o Need not be least restrictive alternative; just narrowly tailored. Permit fees must be non-discretionary.

B. CATEGORIES OF SPEECH THAT GET LESS OR NO PROTECTION

C. WHAT PLACES ARE AVAILABLE FOR SPEECH?

CONSTITUTIONAL LAW 8 Limited public forums, like a school: Govt properties that govt could close to speech, but has voluntarily opened to speech. Once opened, govt has created a limited public forum and the same rules apply as for public forums. Non-public forums, like military bases, areas outside jails, city buses, sidewalks on USPS property, airports: Govt can regulate speech in a non-public forum so long as the regulation is viewpoint neutral and reasonable. Private property, like private shopping centers: Not constitutionally protected, can be totally regulated.

IX. FIRST AMENDMENT: FREEDOM OF ASSOCIATION - STRICT SCRUTINY

To punish membership in a group it must be proven that the person: (i) actively affiliated with the group; (ii) knew of its illegal activities; and (iii) had the specific intent of furthering those illegal activities. Laws that require disclosure of group membership, where such disclosure would chill association, must meet strict scrutiny. eg: NAACP v. AL held that NAACP didnt have to share membership, no one would want to join. Laws that prohibit a group from discriminating are constitutional UNLESS they interfere with intimate association or expressive activity. So Boy Scouts with anti-gay expressive message can discriminate, but service org must follow state law barring gender discrimination and allow women to be members.

X. FIRST AMENDMENT: FREEDOM OF RELIGION

Free Exercise Clause: The government can make no law that abridges the free exercise of religion. o Cant be used to challenge a neutral law of general applicability (eg: law barring use of peyote). o Government cannot deny benefits to individuals who quit their jobs for religious reasons (e.g., can quit your job when they try to make you work on Sunday and still get unemployment benefits). Establishment Clause: Government may make no law respecting the establishment of religion. o Lemon Test: (1) secular purpose to law; (2) primary effect must be neither to advance nor inhibit religion; (3) no excessive govt entanglement with religion (cant directly pay teacher salaries in parochial schools). Government discrimination among religions, or discrimination against religious speech in favor of secular speech, would have to meet strict scrutiny. Government sponsored religious activities in public school classrooms are not allowed. o BUT if a school is going to open its facilities to student or community groups, it cant discriminate against religious groups. That would be content-based discrimination. The government may give aid to parochial schools so long as its not used in religious education. o Vouchers for use in parochial schools ok; government has an important secular purpose in improving educational opportunities for students.