Module 2

Assignment 2

Priyal Morjaria

Chapter 2:
6. What control can state legislatures exercise over private colleges? Both private and public
institutions are considered incorporated institutions. Since the Dartmouth College case there has
been an ongoing argument regarding the power the state holds over private higher educational
institutions. Charters of private institutions are considered contracts and the Supreme Court
allows the state to amend, alter, and repeal the document. Private corporations are subjected to
taxation and cannot exercise eminent domain.
9. Describe the advantages that constitutionally autonomous universities have relative to state
universities that are subordinate to various state agencies. Constitutionally autonomous state
universities hold very different importance when it comes to state laws. These institutions are not
subject to the same legal governance as other institutions. The governing bodies of autonomous
institutions are not subject to the legislative and executive control when it comes to internal
university governance.
Chapter 3:
9. What are the lemon tests? The Supreme Court case of Lemon vs Kurtzman dealt with the use
of public schools funds for private schools. The Lemon test was created to ensure the state and
federal governments made decisions agreeable to the First Amendment. The test included three
important requirements. 1. State or Federal statute must have a secular purpose. 2. A statute must
not promote or thwart religious practices. 3. The statue must refrain from having excessive
government entanglement with religion.
12. Under the new jurisprudence of the present Supreme Court, can government fund buildings
for ecclesiastical colleges and universities? What is the rational of the court? Yes,As long as
government funding is used only for secular learning/teaching purposes. Funds could not be used
towards religious training, teaching or worship. Creation of the building would assist in various
secularly related functions. Governments cant be religiously entangled since college students
are better equipped to make their own decisions and are not as easily susceptible to religious
views.
13. Does the new jurisprudence of the Supreme Court permit states and the federal government
to fund education programs in ecclesiastical colleges and universities that are designed to spread
a particular religious belief? Based on the Supreme Court decision in Locke vs Davey, State
government can provide public funds to students of theology.