termination of a larger issue, namely, the legal posture the characteristics of a democratic society? Does it of the Lateran Pacts. Given the character of the Fascist create the atmosphere for freedom of ? Does regime, the issue was a moot question during such an in­ this privilege permit on which free­ terval. But, on the eve of the liberation of , it be­ dom of education so decidedly depends? Can a demo­ came a leading question for the drafters of the post-war cracy survive without both? These are some of the Italian -"what to do with Lateran" was questions prompted by the Lateran Pacts and by Article as much nationally and emotionally felt as "What to do 7 of the Italian Constitution. Furthermore, these ques­ with the House of Savoy." tions are not without supporting arguments for what­ Once again, the future of education and freedom ever side may be chosen. of education was up to Italy, not the Vatican. And The answer of the lies in philosophy once again Italy, acting through its Constituent Assem­ and theology: her origin, the nature of her mission, bly, affirmed the Lateran Pacts. This time the affirma­ her superiority because of her higher end, the necessity tion of the Pacts had more than legal or concordatory of truth over error and, as a corollary, the necessity of significance, for in conferring them constitutional a Christian education. With respect to the latter, she notice - Article 7 of the I 948 Constitution - they mentions the encyclicals by Leo XIII and have been made constitutional norms, thus acquiring Divini ll/ius Magistri by Pius XI. "regulative" efficacy. On the other hand, those who are at variance with the Church view these questions from a constitutional It is not the purpose here to discuss, even summarily, standard. Accordingly, they argue that Article 36 of the debates that the Lateran Pacts precipitated before the Concordat does not and cannot stand the test of the Constituent Assembly. It need only be stated that constitutional provisions, for the simple reason that the the issue of Lateran caused the longest, most heated Article injects compromise into an area where com­ debate before that constitutional body, truly converting promise is prohibited by Article 33, Section 1 of the Con­ into sophisticated lectures on "the politics of Lateran." Nor was there an absence of applied politics. The stitution, providing for " ... freedom of the arts and of the sciences and for freedom of instruction ..." voluminous reports of the de.bate indicate clearly that Nor do the Church's dissenters rest with this con­ sheer political calculation prompted the Communist stitutional provision. They demur further, arguing members of the Assembly to vote for the incorporation that Article 36 of the Concordat is also in contrast of the Pacts in the Constitution. Even though their votes with other constitutional Articles: with Article 2, - I 04 strong - proved decisive, much Jess decisive recognizing and guaranteeing the inviolable of was the effect it had on the people; with the result that the Communist move failed to produce the expected man; with Article 3, affirming the dignity of the human electoral dividends. The election of 1948 attests to this person; with Article 8, providing for religious equality; with Article 19, guaranteeing freedom of religion, and most convincingly. with Article 21, providing for freedom of expression. Regardless, the fact is that Article 36 of the Con­ This, then, is the dilemma facing the question of cordat again conditions freedom of education in Italian Italian education. Should it retain the "discernible" public schools. This Article, together with Article 1 of form engendered by the Lateran Pacts, thus retaining the Treaty - which reaffirms Article 1 of the statuto Article 7 of the Constitution, or should it create the of 1848 proclaiming Roman Catholicism as the sole THE atmosphere necessary for freedom of education by re­ religion of the State - clash with several provisions of voking the Lateran Pacts? The architects of the risor­ the present Constitution, wherein solemn reference is gimento would not have hesitated for a moment over made to basic freedoms and guarantees. ' the choice, but the politicos of contemporary Italy 17 There is no doubt that the Gentile reform, the La­ have, since 194 7, been showing disarming hesitation. I 16 NEW teran Pacts, and Article 7 of the Italian Constitution, confer upon the Catholic Church an incalculable privi­ lege: that of imparting religious instruction in Italian l public schools, according to the Catholic tradition - Dr. P. Vincent Bucci is an assistant professor of thus the "discernible" form of public education men­ political science at St. John's University. He is also ENGLISH by C. J. De Cotiis tioned before. This privilege becomes all the more departmental representative at the Brooklyn Center. unique and exclusive when one realizes that it is enjoy­ Dr. Bucci received his B.A. degree from St. Vincent ed by no other religious cult existing in Italy. College, Latrobe, Pa., and his M.A. from the University ls the conferment of such privilege tenable? Politi­ of Pennsylvania. He won a teaching fellowship to St. cally? Constitutionally? If both, does it correspond to John's and received his Ph.D. here.