Abstract

American education is in crisis, and there is a strong case to be made for expanding the role of religious schools and other faith-based organizations as part of the solution to our problems. Those who would press for a larger role for faith-based schools and other organizations in our society must be alert to the limitations imposed on them by modern judicial doctrine. The Supreme Court has set up a number of roadblocks to expanding the role of faith-based institutions in education, so it is critical to understand the history and current status of these constitutional roadblocks to appreciate how difficult it will be to apply the appropriate remedies to the crisis in education.