Tenth Amendment bars federal statute

[Lupu, Ira (Chip)]

For those of you who are on the Religion Law list as well as the Con
Law list, please forgive the redundancy of the message below:

My colleague Bob Tuttle and I have just published on the Social
Science Research Network our forthcoming article entitled "Sites of
Redemption: A Wide-Angle Look at Government Vouchers and
Sectarian Service Providers."  We think the piece is quite original in
a number of respects.  First and foremost, it does not begin and end
with the problem of school vouchers.  Instead, it ranges across a
number of contexts, including child care and treatment for
substance abuse, in which government vouchers are used to pay for
services rendered by private organizations to individuals.  The piece
develops a general framework for evaluating the constitutionality of
vouchers in relation to the Religion Clauses, and turns to the
Cleveland voucher case (in light of this framework) only in the final
section of the piece.  The abstract and paper can be located at
URL: http://papers.ssrn.com/paper.taf?abstract_id=303837

We will be engaged in an edit of the piece in May, and we of course
would love any or all comments on it.   Thanks.





Ira C. ("Chip") Lupu
The George Washington University School of Law
2000 H St., NW
Washington D.C 20052

(202) 994-7053

ICLUPU at main.nlc.gwu.edu