School Prayer: The Court, the Congress, and the First Amendment.

273 Pages·2012·3.02 MB·English

DOCUMENT RESUME
EA 025 782
ED 370 177
Alley, Robert S.
AUTHOR
School Prayer: The Court, the Congress, and the First
TITLE
Amendment.
REPORT NO ISBN-0-87975-843-0
PUB DATE
Feb 94
NOTE
273p.
Prometheus Books, 59 John Glenn Drive, Amherst, NY
AVAILABLE FROM
14228-2197 ($27.95).
Viewpoints (Opinion/Position Papers,
PUB TYPE
Books (010)
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
(6) "From Everson to JFK: 1947 to 1960"; (7) "Engel, Schempp,
1947";
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)
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14.1
)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: [phone].
5 4 3 2 1
98 97 96 95 94
Library of Congress Cataloging-in-Publication Data
Alley, Robert S., 1932-
School prayer : the Court, the Congress, and the First Amendment /
Robert S. Alley.
cm.
p.
Includes bibliographical references and index.
ISBN 0-87975-843-0 (cloth)
1. Prayer Hi the public schoolsLaw and legislation--United
States. I. Title.
1994
KF4162.A94
344.73'0796dc20
93-38940
[347.304796]
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