Since Common Schools (Public Schools) were first proposed in the 1830’s there has been controversy over public schools versus private schools and religious schools. Idaho like the rest of the states adopted public schools, common schools in the Idaho Constitution the legislature was to establish a free system of public schools, common schools. ARTICLE IX SECTION 1. LEGISLATURE TO ESTABLISH A FREE SYSTEM OF FREE SCHOOLS. The stability of a free republican form of government depends mainly on the intelligence of the people. It shall be the duty of the legislature of Idaho to establish and maintain a general uniform and thorough system of free public schools, common schools.
It’s important to understand what the term common schools means. Webster dictionary defines common schools as free public schools. Free public schools are to be funded by government revenue.
The current session of the Idaho legislature has proposed bills to use tax dollars to fund private schools which would include religious schools. This would be in the form of tax credits. The total amount to be 50 million dollars. Prohibition by the Idaho Constitution for funding religious institutions ARTICLE IX SECTION 5. SECTARIAN APPROPRIATIONS PROHIBITED. Neither the legislature nor any County, City, Town, Township, School District, or other Corporation, shall ever make any appropriation or pay from any other fund or monies whatever; anything in aid of any church or sectarian or religious Society, or for any sectarian or religious purposes, or to help support or sustain any School, Academy, Seminary, College, University, or other literary or scientific institution, controlled by any Church, Sectarian, or religious denomination whatsoever, nor shall any grant or donation of land, money or other personal property ever be made by the state, or any such corporation, to any Church or for any Sectarian or religious purposes: however; that a health facilities authority as specifically authorized and empowered by law may finance or refinance any facility not for profit, health facilities owned or operated by any Church or Sectarian religious society, through loans, leases, or other transactions.
We the people elect our senators and representatives to represent us in the Idaho legislature. We elected them to follow the United States and Idaho Constitutions. Before our legislators begin their duties they take the following oath contained in ARTICLE III SECTION 25. OATH OF OFFICE. The members of the legislature shall, before they enter upon duties of their respective offices, take or subscribe the following oath or affirmation: I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the state of Idaho and that I will faithfully discharge the duties of Senator (or Representative, as the case may be) according to the best of my ability.” And such oath may be administered by the Governor, Secretary of State, or Supreme Court Judge, or presiding officer of either House.
Before our legislators enact legislation that’s going to affect millions of education dollars they should make sure that the Idaho Constitution allows them to enact the law. Our legislators are debating funding private and religious schools.
In examining Article IX SECTION I and 5 we see section one relates to establishing schools and section 5 to the prohibition of funding religious institutions.
In reviewing article IX section 1 of the Idaho Constitution it appears the only schools that can receive state tax money are public schools, common schools funded by taxes it doesn’t allow for using taxes to fund private schools while section 5 prohibits the use of any type of funding be it tax money, loan, lease, or donation to fund any religious schools.
Should the legislature pass the proposed legislation its constitutionality will in all likelihood be challenged in Idaho’s Supreme Court.
If the Idaho legislature wants to fund private and religious schools with tax money they should call for a constitutional amendment. The legislature is the only group that can place a constitutional amendment on the ballot. It appears, based on the above information, the legislature would need the voters to approve amending or repealing ARTICLE IX SECTIONS 1 and 5.
