From the list custodian re: "tolerance", "oppression",the Boy Scouts, the KKK, etc.

[Brian Landsberg]

The   Court has never said that Congress has unlimited authority to attach conditions to federal funding.  Some federalism-based limits presumably remain, even after South Dakota v. Dole.  Might there be some question whether aid to education justifies limits on non-educational uses of property?  What if Justice O'Connor's dissent in Dole now represents the majority view?

Richard Duncan writes:
>>> conlawprof at YAHOO.COM 11/07 7:41 AM >>>
I know some argue that conservatives should have voted
against this bill based upon federalism concerns. But
it seems to me that once we decide the feds have a
role in *funding* local education, we have lost our
virginity on the federalism point. The restrictions
are attached to the money and any public school that
wishes to preserve its independence from federal
control has a clear right of exit by refusing the
funds and the strings attached to the funds.

Cheers, Rick Duncan

--- Truthserum <thetruthserum at YAHOO.COM> wrote:
> Here's the text:
>
> No public elementary school, public secondary
> school, local educational
> agency, or State educational agency may deny equal
> access or a fair
> opportunity to meet after school in a designated
> open forum to any youth
> group listed in title 36 of the United States Code
> as a patriotic society,
> including the Boy Scouts of America, based on that
> group's favorable or
> unfavorable position concerning sexual orientation.
>
> It is located on the Thomas website, as part of the
> Better Education for
> Students and Teachers Act of 2001. You can find the
> text link here.
>
> Jim "If You Want Research Done, Do It Yourself?"
> Henderson
> Senior Counsel
> ACLJ
>


=====
"Do you not think an angel rides in the whirlwind and directs the storm."
    --President George W. Bush (quoting John Page)

"When the Round Table is broken every man must follow Galahad or Mordred; middle things are gone."  -C.S. Lewis

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