Sentences with phrase «primary purpose of the statute»

Not exact matches

By holding that the statute did not have an impermissible purpose, that its primary effect was not the advancement of religion, and that it did not require «excessive entanglement» between church and state, the Court sent a signal to the political branches that more creative uses of the structures of civil society (including churches) may now be permissible in the American welfare state.

The primary purposes of both AYP requirements under the ESEA statute and alternative state performance measures in waiver states are to determine whether schools are making sufficient progress and to select low - performing schools for interventions or especially high - performing schools for rewards.

The Minnesota Supreme Court upheld a busing statute allowing private school students to ride on public school buses against a challenge brought under one of Minnesota's Blaine Amendments (Article XIII, Section 2) because the program's primary purpose and effect was neither to benefit nor support religious schools, despite providing incidental and indirect encouragement of private school attendance.

Instead of starting with the primary rule that any fundamental right, such as a right to freedom, can only be removed if there is express statutory authority to that effect, the court noted that where the wording of a statute is not specific, the power to remove freedom can be implied where it is necessary to do so and the purpose of the statute would otherwise be frustrated.