Purely Commentary

President James Madison and the First Amendment

It is doubtful whether those who are clamoring for an
amendment to the Constitution to permit the teaching of religion
in our schools will have any success in their efforts. Yet, the
issue, in spite of the recent Su-
preme_ Court decision, which has
aroused so much bitterness, is
certain to come up, time and
again, and those who seek support
for parochial schools — including
not only the Catholics but also an
element among Orthodox Jews —
as well as those who would intro-
duce prayers in our schools will
undoubtedly remain active.
President James Madison, as
the father of the separation prin-
ciple to prevent the fusion of
church and state practices, con-
tinues to be looked upon as the
major authority on the idea that
still divides many in our popula-
tion, and his biographer, Irving
Brant, the author of six volumes
devoted to Madison, made an in-
James Madison
teresting analysis of the subject in
an article in the New Republic under the title "Madison and

Politico-Religious Issue of
Prayers in the Time of
President James Madison

By Philip

Youth Parley Told
womovitz to Expect 'Flowering'

Jewish Culture in U.S.

which human nature too little guards against." The uneasiness
STARLIGHT, Pa., (JTA)—A
Madison felt has been justified by events, for today these same prominent Jewish author casti-
chaplainships are being "erected into a political authority."
gated "skeptics who look down
Pursuing his thought further in the discussion of ecclesi- upon the current revival of
astical monopolies, Madison wrote that religious proclama- American Jewishness" and pre-
tions by Pesidents of the United States were "shoots from the dicted that next half century
same root. . . . Although recommendations only, they imply will witness a flowering of Jew-
`a religious agency, making no part of the trust delegated to ish culture here "equal to that
political rulers.' " He recalled that President Washington's which flourished in Eastern
proclamation of a day of urayer after the suppression of the Europe at the turn of the cen-
Whisky Rebellion was written by Alexander Hamilton as a tury."
"Despite the fashionable view
campaign weapon against the Democrats, and was defended by
him in cabinet debate as a political maneuver almost universal among certain uninformed intel-
lectuals
which downgrade cur-
in such papers. President Jefferson refused to issue any
religions proclamations. Madison himself, as President, did so rent developments in Jewish
with reluctance, he said, after Congress adopted a resolution life the plain fact is that some-
requesting him to set a day of public humiliation and prayer thing truly wonderful is taking
place here now," author-lecturer
for victory in the War of 1812:
"It was not thought proper to refuse a compliance alto- Charles Angoff of New York

gether, but a form and language were employed, meant to told 150 national teen-age lead-
deaden as much as possible any claim of political rights to ors of Bnai Brith Youth Organ-
enjoin religious observances . . .
tn uatle.Le a d er-
sgha inpi zaT
t iroanIn5gth stu
Madison's exclusion of "political right" left room for
Inan
political purpose. He achieved the desired deadening effect by
Angoff conceded "there are
citing the Congressional request and limiting the invitation to
"societies so disposed." He then scandalised New England by areas of disappointment" at
paraphrasing and satirizing a traitorous call to prayer just present, but he asserted that
issued by Governor. Strong of Massachusetts. The President general movement of American-
the Prayer Case."
set a day to enable those who wished to do so to offer "their Jewish life "is in the direction
Brant commenced his analysis of the prayer case as it was
common vows and adorations to Almighty God, on the solemn of flowering and blossoming."
faced recently by the Supreme Court by stating:
He told the teen-age leaders
occasion produced by the war in which he has been pleased
that their generation would be
If the Supreme Court had decided that the New York law
to permit the injustice of a foreign Power to involve these
responsible for this resurgence
setting up a non-sectarian and non-compulsory pra'er for use
United States."
of Jewish life but warned that
in the schools does not violate the constitutional prohibition
Nobody missed the President's acid deviation from Gover- his prediction would not come
Nobody
of an establishment of religion, it would, in effect, have held
nor Strong's description of the war as one permitted by the true if youngsters fall into same
that the Constitution require that Congress and the states
Almighty "against the nation from which we are descended, and cultural trap as their parents."
"shall make no law respecting an establishment of denomina-
which for many years has been the bulwark of the Religion
tional religion." And this interpretation seemingly would find
"Do not make the mistakes
we profess?' Congressman John A. Harper wrote from New
favor with a number of religious leaders who may not be
Hampshire that "none, in my presence, had the presumption to of some of your elders who
wholly unfamiliar with the history and purpose of the estab-
Judaism as a form
, attack" Madison's address to the people, although many would ;1°°k upon
of antedeluvian clannishness,
li shment clause. Thus Dr. Reinhold Niebuhr has been quoted
have attempted it "if they could have been warranted in
a body of semi-barbaric rituals,
in these pages as saying: "The First Amendment . . . merely
success."
of traditions
meant to prevent the establishment of a particular religion
a
How
far
can
ignorance
or
sanctimony
carry
the
people
of
I
customs," he said. Angoff
and
or the suppression of a particular religion ? which is necessary
this
country,
when
a
politico-religious
proclamation
foisted
on
;
urged the youngsters to "take
in a pluralistic society and the basis for all religion."
President Washington by Hamilton, and one forced on President !to heart what some of your
That wa. the contention in Everson v Board of Education
Madison by Congress and converted by him into barbed satire, : elders have learned the hard
—the 1948 New Jersey bus case—in a brief amici curiae filed are treated today as if they were the emanations of a lost , way and are too embarrassed
by attorneys for the National Council of Catholic Men and -
piety?
to tell you—that devotion to
National Council of Catholic Women. In that case, the lawyers
This recapitulation of historical facts touches upon an humanity is not superior to de-
for Arch Everson ignored religion and took the stand that mportant issue: whether it is right to have chaplains and to votion to Jewish traditions and
i
payment of the fares of children attendin g parochial schools
have prayers recited upoh the opening of Congressional sessions. customs."
was unconstitutional as a private use of public funds. The
It wi th in ora l argumen t s yet to bar prayers from the schools. Special prayers of thanks-
critical issue in the case, no t d ea
giving are issued on Thanksgiving Day, and on other occasions. U.S. Senate Designates
was presented in a brief of the Catholie.41riends of the Court." The Almighty is appealed to
in times of crises. Nevertheless
The words "an establishment of . religion," they contended,
Memorial Day for
were technically associated with the creation and maintenance : there is serious concern about the national establishment of
Warsaw Martyrs
of a formal State Church." Their historical meaning was to be religion when it is introduced in our schools.
WASHINGTON, (JTA) — The
Are we approaching the time when separation will be
found in "the English State Church System which was then
Senate passed the resolution sub-
known and still is known as The Establishment." The only interpreted as applying only to denominational religion?
James Madison was in principle opposed to any national mitted by Sen. Kenneth B. Keat-
purpose of the First Amendment was to prohibit "an establish-
establishment. The issue will undoubtedly remain as heated ing, New York Republican, desig-
ment of religion on the style of The Establishment."
in the years to come as it was when Madison issued his famous nating April 21, 1963, as a day
Brant's evaluation of Madison's views on the separation idea
Memorial and Remonstrance to the General Assembly of Virginia of memorial for the martyrs of
was given in in the New Republic article as follows:
Against
Against Religious Assessments in 1785.
the Warsaw Ghetto.
Madison's "Memorial and Remonstrance" dwelt on two
main themes—the disintegration of the community and de-
•
of religion and the state resulting from govern-
mental intervention in religion, and the danger of letting the
evil grow to monstrous proportions by failing to check it in its
small and alluring beginnings. He likened the moderate levy
for support of teachers of religion to the three-penny tax_on
tea which brought on the American Revolution.
Sir Zafrullah's record at the
JERUSALEM, (JTA) — Final ' cause the refugees insist only
"It is proper," he wrote, "to take alarm at the first discussions were being held at
on "returning" to Israel.
UN identifies him clearly as an
experiment on our liberties. We hold this prudent jealousy the Foreign Ministry here this
Israel's cabinet has approved enemy of Israel. He was shown
to be the first duty of citizens, and one of the noblest charac-' week in preparation for Israel's the Foreign Ministry's recom- as a foe in the early days of
teristics of the late Revolution. The freemen of America did . policy to be followed by the mendations about the stand to the Palestine Question and the
not wait until usurped power had strengthened itself by exer- ' government's delegation to the be taken by the Israel delega- Palestine Resolution and the
rise, and entangled the question in precedents. They saw all next United Nations General tion to the forthcoming UN admission of Israel and all sub-
the consequences in the principle, and they avoided the con- Assembly, convening Sept. 18.
General Assembly sessions on sequent developments.
sequences by denying the principle." !
In the Assembly presidency,
Michael S. Comay, Israel's various items on the agenda.
It is understood that Israel Israel sees no improvement as
That is what the Supreme Court has done in the "school
prayer" case, and what it failed to do in the Everson case. permanent representative at the will not discourage any possible to her status.
wee
UN, has been here for two
This brings us to the numerous minor instances in which . weeks, participating in the dis- move on the part of some na-
precedents and continuing practices have brought the govern- cussions under the leadership tions to call for direct Israel-
ment into the field barred by the First Amendment. Madison of Foreign Minister Golda Meir Arab negotiations. Such a move Israel Protests
himself, late in life, dealt with these in his essay on ecclesias- and a team of high Foreign Min- was initiated last year by a Day-Long Shooting
number of African and Latin
tical monopolies. Here he wrote:
istry officials who will form
of p art
"Is the appointment of chaplains to the two Houses of
deI e- American countries and receiv- by Syrian Gunners
Israel's
the support of 34 states. It
ed
(Direct JTA Teletype Wire
Congress consistent with the Constitution, and with the pure gation this year.
to The Jewish News)
failed, however, to get the nec-
principle of. religious freedom? In strictness the answer. on
TEL AVIV—Israel lodged a
High on the agenda of the essary majority to ensure its
both points must be in the negative. The Constitution of the
protest Wednesday with the
current discussions are the Arab passage.
United States forbids everything like an establishment of a
refugee question and the possi-
Both the Soviet Union and Israel-Syrian Mixed Armistice
national religion. The law appointing chaplains establishes a"
bility that a group of UN mom - the United States opposed the Commission after day-long
religious worship for the hational representatives, to be , per-
hers
may propose another reso- move last year on the grounds shooting Tuesday by Syrian gun-
formed by ministers of religion, elected by a majority of them; lution this year, similar to last
ners in the Lake Tiberias area.
that it was poorly timed.
and these are to be paid out of the national taxes. Does not
year's unsuccessful draft, call-
In the contest for the post No casualties were reported.
this involve the principle of a national establishment?"
The shooting began with an
ing for direct Arab-Israeli peace
of president of the General
The same constitutional principle, Madison, thought, ex- negotiations. The refugee issue
Assembly between represen- attack on an Israeli police
tended to Army and Navy chaplainships. Precedent had is slated to face a showdown at
tatives of Pakistan and Cey- launch on the lake. In the after-
established the congressional and military chaplainships. The the next Assembly because the
noon Syrian gunners began
lon, Israel is expected to back
problem was to limit the effect of the constitutional irregu- mandate for the operation of the latter.
shooting on the tractor drivers
larity. Said Madison: the UN Relief and Works
Considered the most likely and field workers in the Katztir
"Rather than let this step beyond the landmarks of power Agency for Palestine Refugees winner, however, is Sir Zafrul- area. This fire was returned and
have the effect of a legitimate precedent, it will be well to is to expire next June 30.
lah Khan, permanent represen- the Syrians halted their shoot-
apply to it the legal aphorism 'de minimis nen curat lex' or
tative of Pakistan. The Ceylon- ing. Shortly afterwards they
Dispatches printed in the
to class it 'cum maculis quas aut incuria fudit, ant human Jordanian press predicted ese, noted as a scholar, is Prof. counter fired the exchanges con-
pram cavet natura.' . . . Better also to disarm in the same
G. P. Malalasekera, who is re- tinuing until dusk.
that the annual report to be
Work continued in the area
way, the precedent of chaplainships for the Army and Navy,
spected and held in admiration
submitted to the next Assem-
than erect them into a political authority in matters of reli- bly by Dr. John H. Davis, com- by other delegates to the UN. despite the shooting and in
gion."
missioner - general of UNRWA, He is responsible, however, to spite of a fire which started in
his prime minister, Mrs. Sirim- one field as a result of use by
will claim that all projects
These deviations, then, may be tolerated on the principle
aimed at absorption. of the avo Bandaranaike, who is open- the Syrians of phosphorus
that "the law takes no account of trifles," or they may be
shells.
ly anti-Israel.
Arab refugees have failed be-
classed with "blemishes which either carelessness spreads or

Israel Making Final Preparations
for United Nations Assembly Session

•