Pressure for federal aid to education still continues and, by certain organized groups, the pressure is on especially for aid to private schools. The subject of federal aid to private schools has created confusion and uncertainty because of the fact that so much has been written by legal scholars but actually so little has been adjudicated by the United States Supreme Court. Indubitably, the limited number of such adjudications may, in part, be explained by the doctrine prevailing in the federal courts that a federal taxpayer, as such, has no standing to argue that a federal statute is unconstitutional. Thus, until additional cases are adjudicated by the United States Supreme Court establishing more definite guidelines, confusion and Congressional indecisiveness in this area will continue to reign supreme. This may also explain away, in part, why more heat than light has been cast upon this subject matter
Walter A. Rafalko,
The Federal Aid to Private School Controversy: A Look,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol3/iss2/5