arochial Schools Aid Involves Significantly Differen
' Editor's note: This is 'thn first
of two 'interpretive reports sum
marizing the pro and con argu
ments in the growing national de
bate over federal aid to parochial
schools.
By LOUIS CASSELS
Washington IUP0 Two sig
nificantly different questions
are involved in the debate
over federal aid to parochial
schools.
. They are:
1. Is it constitutional?
' 2. Is it desirable? '
' There has been a tendency
among some participants in
the debate to confuse the
two issues, or to lump them
together. But President Ken
nedy has kept them separate.
He has consistently b?sed his
opposition to parochial school
aid on the grounds that it is
unconstitutional, and has not
voiced an opinion nn whether
it might otherwise be desir
able. The constitutional argu
ment revolves around 10
words in the first amendment:
"Congress shall make no law
respecting an establishment
of religion."
; Exactly what these words
mean has been a matter of
dispute since the earliest
days of the Republic.
; Thomas Jefferson, who
drafted the First Amendment,
said it was intended to erect
a "wall of separation be
tween church and state." His
interpretation has been so
widely quoted that many
Americans have come to be
lieve that the phrase "sepa
ration of church and state"
is. contained in the Constitu
tion, but it isn't.
Took Different View i
. Some historians say that
many other Founding Fathers
took a quite different view of
the First Amendment at the
time it was adopted. They
thought that it was simply in
tended to prevent the United
States from "establishing" one
particular religion as an offi-
cial state church. England and
many of the European coun
tries had established churches
at the time the Constitution
was written, and the early
Americans felt that this sys
tem interfered with religious
freedom and promoted sec
tarian conflict.
Historical speculation about
the intention ot. the Founding
Fathers is interesting, but it
is purely academic insofar as
the present dispute ' is con
cerned. In practice, the Con
stitution means what the Su
preme Court says it means at
any given point in history.
The constitutional a r g u
ment is further complicated
by the fact that Congress has
enacted several laws - such
as the' GI Bill of Rights, the
college housing loan program
and the National Defense Ed
ucation Act - which extend
various kinds of federal aid
in the field of higher educa
tion without any distinction
between public and private
including church - sponsored
institutions.
None Successfully Challenged
None of these laws have
been successfully challenged
in court, ana ienneay nim
self has proposed the inclu
sion of private colleges in his
program of federal grants.
loans and scholarships for
higher education.
- A number f Protestant and
Jewish leaders, and others,
have asserted that inclusion
of religious schools in federal
programs of aid to higher
education is not a precedent
for aid to church-sponsored
elementary and secondary
schools. Higher education,
they say, is voluntary, a r d
costs a tuition fee even at a
public institution. Elementary there is no essential constitu- There is no certainty that
and secondary education is tional difference between pub- the Supreme Court would re
compulsory, and free public lie aid to a religious college solve the constitutional ques
schools are available to all. and to a religious grade or tion with a clear-cut ruling
Catholic leaders reply that high school. even if Congress enacted a
MedfordTribune
SECTION t, MEDFORD, OREGON, THURSDAY, APRIL 13, 1961 PAGES 1 to 8
law authorizing aid to paro
chial schools.
Prof Arthur E. Sutherland
of Harvard Law School, a
respected authority on consti
tutional law, pointed out re
cently that "you cannot have
a court test without someone
being hurt and bringing suit."
Whose Toes Stepped On?
"Whose toes are being step
ped on if the U. S. govern
ment gives aid to private and
Quo
asked. I
whose
slions
church schools?" he
"Only the taxpayer
money it is.
"But the Supreme Court
has long since established the
principle that a federal tax
payer has no standing in court
to challenge the constitution
ality of a federal statute, be
cause his involvement in the
case would be too 'diluted.' "
The practical effect of this
principle, according to Prol.
Sutherland, is that Congress
can spend tax money for al
most anything that it chooses
to define as contributing to
the "general welfare."
Whether federal aid to paro
chial schools would be good
or bad for the "general wel
fare" is the other big issue
under debate, and the pro and
con arguments on that issue
will be examined in another
dispatch tomorrow.
l-j'ftf PENNEY'b te3tf'iS V3 DOST
Phoenix Teachers
Receive Grants
Phoenix-Mrs. Mildred Hart,
Phoenix High school journal
ism instructor, has been
awarded a financial grant of
fered by the Wall Street Jour
nal to attend a two-week
school publication workshop
this summer at the University
of California.
John Carter, executive di
rector of the Wall Street Jour
nal, wrote Mrs. Hart concern
ing the award.
Teachers participating in
the workshop will have an op
portunity to explore the theor
ies and principles involved in
the newer concepts of educa
tion for journalism. Profes
son H. M. Brier of the school
of communications, University
of Washington, will be in
charge.
Another Phoenix High
school teacher, Robert Cess
num, has received a National
Science foundation partial
grant to attend the science in
stitute for teachers at South
ern Oregon college this sum
mer. The institute will ex
plore new approaches to
teaching of science at the jun
ior high and high school level
Three other teachers in the
Phoenix-Talent system have
previously received National
Science Foundation grants to
attend institutes in science or
mathematics at Reed college
University o Oregon and
SOC, all this summer.
Safe O'Rama Slated
At Junior High .
A Safe O'Rama program of
safety skits and demonstra
tions will be presented at Mc
Lo'ughlin Junior High school
at 1 p.m. Sunday, April 30.
Sponsors are the Southern
Oregon Regional Safety com'
mittee, the Medford Safety
council and the State Indus
trial Accident commission.
Thp nrnffram is Dlanned
for all members of the family
and skits will fte presentea tjy
AchlanH Pratar and Medford
TJioH erhnnl RtlldentS. Demon
stration will be riven by
numerous local organization
and include SKin caving, low
voltage, boating, hunting, and
pole top resuscitation.
The program is free, open
to the public, ana reiresn
ments will be served.
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