The petition for cert says the grant could only be used to pay for scrap rubber and delivery costs-- not even for site prep or any kind of labor. There is no need to audit the church's finances but only to trace these particular funds. It would be easy to structure this as a draft payable to the scrap rubber seller. Again, it is functionally the provision of scrap rubber, not funds.
Mark Scarberry Sent from my iPhone On Jan 17, 2016, at 2:51 PM, Patrick Gillen <pgille...@yahoo.com<mailto:pgille...@yahoo.com>> wrote: I don't have time to engage in a sustained discussion but feel compelled to confess that I am astonished to see such a facile (and highly debatable) claim for original understanding to be offered by someone who has written insightfully about the difficulty of making claims for such. Regards to all, Pat Sent from my iPhone. Please excuse any errors or informality. On Jan 17, 2016, at 4:52 PM, Finkelman, Paul <paul.finkel...@albanylaw.edu<mailto:paul.finkel...@albanylaw.edu>> wrote: As someone (I think) who still believes in originalism, you should try to channel Madison for a full answer. The real issue is when you transfer money to churches you (I use this as a shorthand for Temples, Mosques, Synagogues, Ashrams, Kingdom Halls, etc).the gov. is directly endorsing religion and establishing it. Furthermore, if cash changes hand, the Gov. must be required to audit the churches and that threatens religious liberty and free exercise. To use the asbestos case -- can use tax dollars for abatement of a wall that has a religious message -- text, crucifix, art work? I think now. [snip]
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