미국에서의 宗敎的 機關에 대한 公的 支援과 헌법상 國敎禁止條項의 위기

In early days of foundation, the Jefferson's Bill of Religious Freedom and the Madison's 'Memorial and Remonstrance' became a basic thoughts of the First Amendment that prohibits the governmental public aid to the religious organizations in principle. This belief of the separation of state and church has been accepted as right near 200 years on the whole. On the 20th century, however, the inflow of various people and the religions changed the American society revolutionally. With the various governmental aid to religion, Jefferson's 'Wall of Separation' has been threatened by the expanded religious organizations. Specially, the Supreme Court consisted of conservative majority has crumbled the base of the wall of separation meaning 'no aid to religion' through Zobrest, Rogenberger, Agostini, Mitchell, Zelman cases threatened by the turn of 1990s. Among them, Zelman Judgement validated the Ohio voucher program. This judgement has an effect on the parents' school choice in American education greatly. Under the influence of this judgement the government and the many states drived the similar aid-to-religion program forward. Moreover, Bush government has propelled a series of policies including the 'Faith-Based and Community Initiatives' that has offered much public aid to religious organization continuously. But the excessive entanglement is not desirable for state and church themselves ultimately. Justice Stevens of the Supreme Court worried about the political division with this excessive involvement. In this days, the current state needs the cooperation of religion to some extent, but we need to consider the founder's core thoughts that tried to protect the state and the religion and the individual's religious freedom through the separation of state and religion again. The Court's reconsideration will bring to its proper balancing point of the Non -Establishment Clause from the theoretical bankruptcy.