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223 Deans and Professors of Law Back Supreme Court Ban on Prayers

June 5, 1964
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Two hundred and twenty-three constitutional lawyers and teachers across the country joined today in a public statement opposing Congressional efforts to overrule the Bible-prayer decisions of the Supreme Court by amending the Constitution.

The statement, entitled “Our Most Precious Heritage, ” was filed with the House Judiciary Committee, which concluded seven weeks of hearings on proposals to permit Bible-reading and prayers in the public schools by Constitutional amendment.

“If the first clause of the Bill of Rights, forbidding laws respecting an establishment of religion, should prove so easily susceptible to impairment by amendment, ” the signers declared, “none of the succeeding clauses will be secure. ” Among the signers of the statement were 55 law school deans. Eighty-three American law schools are represented among the signers.

“American liberties have been secure in large measure because they have been guaranteed a Bill of Rights which the American people have until new deemed practically unamendable,” the statement declared, “If now, for the first time, an amendment to ‘narrow its operation’ is adopted, a precedent will have been established which may prove too easy to follow when ether controversial decisions interpreting the Bill of Rights are handed down.

“A grave responsibility rests upon the Congress in taking ‘this first experiment on our liberties,’ Whatever disagreements some may have with the Bible-prayer decisions, we believe strongly that they do not justify this experiment. Accordingly, we urge that Congress approve no measures to amend the First Amendment in order to overrule these decisions, ” the statement appealed.

Opponents of constitutional amendments to permit public school prayers indicated here today that they believe they have the votes to stop legislation in the House Judiciary Committee. These same forces, in and out of Congress, believe the price of stopping the current drive to change the Constitution may be a non-binding expression of Congressional favor for worship in public places.

One head count of the 35-member Judiciary Committee, which is not likely to get down to actual voting on the prayer issue until late this month, showed 16 members opposed to any constitutional amendment. The same poll showed three more members either ready to vote against amendments or to “take a walk. ” In either case, if the findings are accurate, no amendment could be approved.

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