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aid to religious American Constitutional Law analysis argued argument authority Blaine Amendments Bowers Bruce Ackerman challenge choice city power city's claim constitutional law constitutional theory constitutionalism Dahl decision democratic city dissenting doctrine DPCT Ely's equal protection Erwin Chemerinsky Establishment Clause Farber Foreword Free Exercise fundamental right funding gay rights governmental Harv Harvard individual institutions interest issue John Hart Ely John Rawls judges judicial Justice Kennedy Justice Rehnquist Kenji Yoshino Larry Tribe Larry's Laurence H Laurence Tribe Law Review Law School lawyer League of Cities legitimacy liberal liberty litigation LPCT Michelman moral National League opinion Persistence political Press Professor of Law Professor Tribe public aid puzzles question Rawls religion religious schools representative democracy require Romer Scalia scholars scholarship School Vouchers secular self-government social sodomy state's statute structure substantive due process supra Supreme Court Tennessee Copper treatise Tulsa Law Yale L.J.