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The Court, the Congress, and the First Amendment. REPORT NO ISBN-0-87975-843-0 PUB DATE Feb 94 NOTE 273P DOCUMENT RESUME ED 370 177 EA 025 782 AUTHOR Alley, Robert S. TITLE School Prayer: The Court, the Congress, and the First Amendment. REPORT NO ISBN-0-87975-843-0 PUB DATE Feb 94 NOTE 273p. AVAILABLE FROMPrometheus Books, 59 John Glenn Drive, Amherst, NY 14228-2197 ($27.95). PUB TYPE Books (010) Viewpoints (Opinion/Position Papers, Essays, etc.) (120) EDRS PRICE MF01/PC11 Plus Postage. DESCRIPTORS Court Litigation; Elementary Secondary Education; *Federal Courts; *Federal Government; Federal Legislation; Government Role; *Putlic Schools; Religion; *School Prayer; *State Church Sepuration IDENTIFIERS Supreme Court; *United States Constitution ABSTRACT When Congress adopted the First Amendment to the U.S. Constitution in 1789, it left open many questions that would arise concerning church-state relations. It became clear early in the history of the country that the Supreme Court would have a great impact on how the First Amendment would be upheld and interpreted. This book examines how Congress has interacted with the executive and judiciary branches over the past 40 years in its treatment of school prayer and the religion clause of the First Amendment. The early history of the church-state relationship is examined as well. There are 12 chapters: (1) "The Architect of the Religion Clauses: James Madison"; (2) Constitutional Ratification and a Bill of Rights: The Virginia Experience"; (3) "The Nineteenth Century"; (4) Presidential Leadership: Divine Mandate?"; (5) "From Cantwell to Everson: 1940 to 1947";(6) "From Everson to JFK: 1947 to 1960"; (7) "Engel, Schempp, and Aftermath: 1962-63"; (8) "House and Senate Hearings, 1964-66"; (9) "Senate Hearings, 1966"; (10) "House Debate, 1971"; (11) "The Reagan/Bush Years: Republican Senate, Renewed Struggle"; and (12) "The Sound of Silence." Endnotes are included at the end of each chapter. (Contains 25 references.) (JPT) *********************************************************************** Reproductions supplied by EDRS are the best that can be made from the original document. *********************************************************************** U S DEPARTMENT OF EDUCATION PERMISSION TO REPRODUCE THIS Offoce of Educational Research see Improvement MATERIAL HAS BEEN GRANTED BY ATIONAL RESOURCES INFORMATION CENTER (ERIC) This documeni has been reproduced as PoWe442''' received from the Ders0,1 0, organization originating it 0 Minor changes have been made to 'reprove rproductron outety 0. Rooms olvrev, or opinions mated in Coco (Tient do not necessanly represent ofhdal TO THE EDUCATIONAL RESOURCES OERI position or POlicy INFORMATION CENTER (ERIC) 0 0 0 0 0 A f' t ()S 14.1 BEST COPY AVAILABLE )CHOOL RAYER "Congress shall make no law respect- ing an establishment of religion, or pro- hibiting the free exercise thereof;..." What did the Founding Fathers intend by these words from the First Amendment, and how should this amendment be ap- plied to the free exercise of religion today? In School Prayer, Robert Alley examines the history behind the writing of the religion clauses of the First Amendment, the courts' interpretations of these clauses over two centuries, and the debates in Congress over their application, especially as regards prayer in public schools. Alley begins with an extensive analy- sis of the writings and actions of James Madison, described as "the architect of the religion clauses" and "the single most im- portant voice for religious liberty in the na- tion's history" Madison is viewed as a pro- ponent of strict separation between church and state and as opposed to any form of state-sponsored religious establishment. Alley then discusses the history of the "protestant hegemony" in the nineteenth continued on back flap 4RAHOOL YER .,3CHOOL FRAYER The Court, the Congress, and the First Amencrment ROBERT S. ALLEY Prometheus B wks 59 John Glenn Drive Buffalo, New York 14228-2197 Published 1994 by Prometheus Books School Prayer: The Court, the Congress, and the First Amendment. Copyright 0 1994 by Robert S. Alley. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical . photocopying, recording, or otherwise, without prior written permission of the publisher, except in the case of brief quotations embodied in critical articles and reviews. Inquiries should be addressed to Prome- theus Books, 59 John Glenn Drive, Buffalo, New York 14228-2197, 716- 837-2475. FAX: 716-835-6901. 98 97 96 95 94 5 4 3 2 1 Library of Congress Cataloging-in-Publication Data Alley, Robert S., 1932- School prayer : the Court, the Congress, and the First Amendment / Robert S. Alley. p. cm. Includes bibliographical references and index. ISBN 0-87975-843-0 (cloth) 1. Prayer Hi the public schoolsLaw and legislation--United States. I. Title. KF4162.A94 1994 344.73'0796dc20 [347.304796] 93-38940 CIP Printed in the United States of America on acid-free paper. To my brother Reuben whose generous spirit, interest, and support have consistently smoothed my path a GO, Contents Preface 11 Introduction 13 1. The Architect of the Religion Clauses: James Madison 19 Education without a Cause 23 The Virginia Declaration of Rights 25 The Virginia Struggle after the Revolution 26 The Philadelphia Convention of 1787 29 2. Constitutional Ratification and a Bill of Rights: The Virginia Experience 35 Road to the Richmond Ratification Convention, 1788 35 The Richmond Convention Convenes, June 1788 44 New York: Amendments and Honor, 1789 51 7 8 CONTENTS 3. The Nineteenth Century 59 The Court Record 59 Madison on the Notion of a Christian America 62 4. Presidential Leadership: Divine Mandate? 70 Protestant "Establishment" in a New Century 73 The Theological Problem 74 President Woodrow Wilson 76 The 1920s 83 5. From Cantwell to Everson: 1940 to 1947 91 6. From Everson to IFK: 1947 to 1960 95 Religion in Public Schools: Everson and McCollum 95 The Truman and Eisenhower Years 98 7. Engel, Schempp, and Aftermath: 1962-63 107 Senate Judiciary Committee Hearings. 1962 111 Public Criticism 118 The House Convenes in Fall 1962 120 The Schempp Case, 1963 121 8. House and Senate Hearings, 1964-66 127 The 1964 House Hearings 127 The Case of Billy Graham 146 The Final Week of the Hearings, 1964 150 9. Senate Hearings, 1966 157 A Personal ExperienceAugust 8, 1966 182 Contents 9 10. House Debate, 1071 169 The House in Session 169 The Presidency in the 1960s and 1970s 180 11. The Reagan/Bush Years: Republican Senate, Renewed Struggle 187 House Hearings, 1980 187 Reagan and the Religious Right 192 Senate Hearings on Restraining the Judiciary, 1981 194 Senate Hearings, 1982 197 Senate Hearings, 1983 201 The Focus Shifts: Equal Access 205 Prayer and the Senate Judiciary Committee Once Again, 1984 206 Senator Helms and President Reagan One More Time 207 Lee v. WeismanEnd and Beginning 211 12. The Sound of Silence 220 Closing Notes 220 Cultural Partitions and D3mocratic Traditions 228 Appendices 235 Select Bibliography 259 Index 263 10 Preface My earliest thoughts about writing this book came in 1966 with my appearance before the Senate Judiciary Subcommittee on Constitutional Amendments. It seemed to me at the time that the testimony of witnesses on the subject of public school prayer would make a fascinating study. A quarter century later, with an additional dozen volumes of hearings before Senate and House committees, the moment was clearly at hand. There are numerous persons to whom I owe a debt for assis- tance, including Rosemary Brevard of the Baptist Joint Committee on Public Affairs, who generously provided me with hard copies of almost all the hearings. Conversations with Steven Green, Rob Boston, and Joe Conn of Americans United kept me abreast of developments on the Hill over the past few months. My father, Reuben E. Alley, editor of The Religious Herald from 1937 to 1970, had as much respect for Madison's Memorial and Remonstrance as he did for the Bible and never ceased to challenge his own religious assumptions with new scientific and historical knowl- edge. He questioned everything with a tenacious integrity. My 11 1 1 12 PREFACE mother, Mary Sutherland Alley, was remarkable as a Christian believer with an unquestioning acceptance of the Bible stories. She never flagged in her encouragement of ideas and opinions in her son, ideas she never personally shared. I can still hear her saying, "I just have my simple faith." In fact that is what this book is about, the encouragement of people to doubt, differ, and disagree without fear or favor in our constitutional democracy. My mother possessed a sure and certain knowledge of her God that never excluded another human being nor presumed anyone without her faith to be a lesser breed. She was a believer without arrogance. The writing has proved easier because of the encouragement at the University of Richmond of Dean David Leary and Provost Zeddie Bowen. My colleagues in the religion departmentFrank Eakin, Miranda Shaw, and Ted Bergrenhave provided a stimu- lating environment and good friendship. Professor Irby Brown, a partner in so many academic endeavors, has constantly sharp- ened my sense of humor. I owe a continued debt to my advisor and mentor at Princeton University, Horton Davies. Additionally, through his commitment to academic freedom and integrity, Professor John Gager, also of Princeton, has been a recent re- minder of the quality of that great institution. Nothing in my career has been without encouragement and help from my family. We hold a set of common values concerning personal freedom and education that make lively discussions inevitable and frequent. This endeavor, like all those that have gone before, owes the most to my wife, Norma. She has been the sounding board for all the ideas and planning for this volume. Our sons Bob and John have both encouraged and critiqued my work. Their insights into the children they teach along with the thoughts of our daughters-in-law, Vickie and Pam, both teachers as well, have affected my thinking about the school children who are the objects of all the debate over classroom prayer.
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