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The Politics of Religion and Education During The CRUSADES AND COALITIONS: THE POLITICS OF RELIGION AND EDUCATION DURING THE JOHNSON ADMINISTRATION, 1961-1965 by WILLIAM MICHAEL WHITLEY, B.A., M.A. A DISSERTATION IN HISTORY Submitted to the Graduate Faculty of Texas Tech University in Partial FulfiUment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY Approved Accepted May, 1999 Eoi 73 6 Copyright 1999, William Michael Whitley ACKNOWLEDGMENTS I wish to thank Professor George Q. Flynn for his direction and invaluable advice in the preparation of this work, John Shepherd and the archivists at Catholic University, Linda Seelke and the archivists at the Lyndon B. Johnson Library, WiUiam Deutcher, Paul McKissick, and Calvin Jefferson at National Archives II at CoUege Park, editor and special friend Marlene Bradford, Joan Weldon, and most of all my mother, Katheryn Whitley, whose support made this possible. Thanks are also due to Professors Alwyn Barr, Brian Blakeley, AUan Kuethe, and Joseph King~the committee members who have graciously agreed to oversee this paper. Thanks also to friends, Lydia Middendorf, Nate McVaugh, Karen Bennett and family, Jay Scott, and many others who were unfailing in their encouragement. Finally, all errors of fact or interpretation are entirely my own. u TABLE OF CONTENTS ACKNOWLEDGMENTS ii ABSTRACT iv ACRONYMS bc CHAPTER L INTRODUCTION 1 n. THE KENNEDY ADMINISTRATION AND EDUCATION 18 ni. PRESIDENT JOHNSON AND THE CRUSADE FOR FEDERAL AID TO EDUCATION 45 IV. CONSENSUS BETWEEN THE CHURCHES 74 V. A FRAGILE UNDERSTANDING 104 VI. THE WINNING COALITION 127 VII. POSTSCRIPT: THE CONSTITUTION, RELIGION, AND THE PUBLIC SCHOOLS 152 REFERENCES 162 ui ABSTRACT It is the thesis of this paper that the Johnson Administration was the first in American history to breach the historic wall of separation between church and state in a national education poUcy decision. The presumption since the founding of the United States under the Federal Constitution and its First Amendment is that church-state separation is one of the comerstones of American law. Lyndon Johnson managed to include church within the state while retaining the legality of constitutional separation. This paper is concemed with explaining how this occurred. The broad experience of society's members involves little sense of a distinct separation between major institutions. Individual values are not obliged to observe any such notion as a "waU" of separation between beliefs. A minister or priest, parent or teacher, the president or a member of Congress each potentially embodies at any moment a totality of his person regardless of the specific role performed in any particular social context. This observation constitutes a tmism in daily life but this understanding has been challenged historically in the interpretation of the First Amendment of the Federal Constitution. Orthodoxy with regard to the First Amendment would seem to demand a complete separation in the affairs of govemment and federal legislation toward any religious body. This paper addresses the pragmatic reality of rehgious practice and of govemance as experienced in the formation and conduct of national education policy from the end of the Kennedy administration through passage and authorization of the Elementary and iv Secondary Education Act of 1965 (ESEA). What follows is an examination of the church-state issue in education under the Constitution and the Supreme Court decisions before 1965, the shape of interest groups concemed with education in the early 1960s, and President Johnson's solution to the problem of administration of federal aid to education without exclusion of private and parochial interests. This story is the account of the interaction of public education advocate groups as weU as groups excluded by the Constitution from participation in direct federal aid and their coUective involvement in the formation of policy. Whether or not one approves of the events herein recounted, the understanding of those events remains important for the issues continue in the current political context. For the Johnson administration to form an education policy, the constitutional/national principle had to remain theoretically intact while recognizing the political reality of regional and local politics. No group is prohibited by the Constitution from exercising its interests and influence. The law only determines the mles but not necessarily the results. The political reality is practical and seldom theoretical~it was for Lyndon B. Johnson to untie the knot of stalemate between contending groups and the Constitution to provide a practical solution of inclusion in federal education policy. Interested groups and the general public wanted an education biU; Johnson intended to give them one. The legislative embodiment of this intention was the ESEA. Federal aid for elementary and secondary public schools ran into trouble in Congress because of the clash between the National Education Association (NEA) and the National Catholic Welfare Conference (NCWC). The NEA and others opposed public money in support of parochial or private schools. The NCWC and the National Catholic Education Association (NCEA), which represented a burgeoning Catholic school system, simply wanted their share. Kennedy's hope for a significant federal role in public elementary and secondary education went unfulfilled. His plan for helping with teachers' salaries and classroom constmction shattered on the church-state issue. Kennedy supported the orthodox constitutional view of separation and, as a Catholic himself, was hamstmng politically from effective mediation of the issue of administration of federal aid to sectarian institutions. Francis Keppel became Kennedy's commissioner of education in 1962. Largely because of Keppel's and Under Secretary Wilbur Cohen's efiforts and work wâthin the executive office by men such as Theodore Sorensen and Walter Heller, an omnibus education biU made its way to Congress. The most important portion of the omnibus measure which passed was the Higher Education Facilities Act. President Kennedy did not live to sign it. No important federal initiative in primary or secondary education had managed to clear Congress during the Kennedy administration. This issue came into clear focus during the election year of 1964. A solution to the impasse for federal aid to elementary and secondary education appeared unlikely in 1964. It had been Keppel's concem to avoid the pitfaUs of the church-state issue and his desire for further study of the issue was the underlying theme for the last sbc months of 1964. Just two weeks afler President Johnson announced his proposal for a Great Society during his commencement address at the University of Michigan, Walter HeUer and Kermit Gordon proposed establishment of fourteen policy vi task forces. Their proposals suppHed the content for the legislative agenda of the Great Society. Among those proposals was the goal for providing unprecedented federal aid for public education. The Catholic Church's demands for equity and the constitutional proscriptions remained an obstacle. Between the end of 1964 and April 1965 the Johnson administration managed to overcome the barriers that had prevented federal aid to education. Before 1965 and passage of ESEA, federal investment in education had been small. After 1965 the combined new programs increased the budget of the United States Office of Education (USOE) by 526 percent over what it had been at the end of the Kennedy administration. President Johnson took particular pride in ESEA. He considered it the centerpiece of Great Society legislation. Sectarian interests were at last included and the democracy had survived. Johnson was the first American president to provide a comprehensive national policy for public education, and he accomplished this through effective use of the "broker" role of the presidency. The debate continues today whether Johnson's approach to education policy was the culmination of the New Deal or the end of liberalism, a matter of quantity or of quality, a breakthrough or a mistake. This dissertation is concemed only with First Amendment religious issues and federal education policy. First, this dissertation considers the history of the Supreme Court cases on church- state separation and the role of these issues in modem American society—how the religious clauses of the First Amendment have been defined for education since 1940. Then, a narrative and analysis of the political dilenunas that ensnared the Kennedy administration and a short description of how education poUcy evolved during the Johnson vu presidency foUow. The paper then addresses the principals within the Johnson administration as well as those of some of the congressional committees and some principal groups active in education policies. Finally, there is some attention given to actual passage of the Elementary and Secondary Act of 1965 and a concluding comment on the legacy of the Johnson era for American public education and First Amendment issues. Previous scholars have addressed the principle of church-state separation and education in the courts, as well as political process. Little in previous works addressed the impact of principles and politics upon one another in modern education policy. The reason for this is the paucity of govemment documents about how the impasse between religious establishments, interested groups, and the administration was overcome. This paper relies upon educated inferences and evidence found in the archives of the CathoUc University of America to
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