Does receiving federal money place someone in a position of "public Trust under the United States".
If so, how can that be squared with Article 6, clause 3 of the US Constitution...
". . . but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
Discuss.
If so, how can that be squared with Article 6, clause 3 of the US Constitution...
". . . but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
Discuss.
no subject
Date: 2004-03-30 07:53 pm (UTC)no subject
Date: 2004-03-31 04:43 am (UTC)Indeed, it could be argued that prohibiting faith-based charitable organizations, solely on the basis of their religious ties, from receiving funds for which they would otherwise be eligible is more of a violation of this clause than granting such funds. After all, might not a requirement that an organization be explicitly non-religious be construed as a "religious Test"?