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Zorach V. Clauson: The Impact of a Supreme Court Decision*

Published online by Cambridge University Press:  02 September 2013

Frank J. Sorauf
Frank J. Sorauf
Affiliation:
The Pennsylvania State University
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Extract

It has become a commonplace that the Constitution is what the Supreme Court says it is. Scholars of American constitutional law have, therefore, focused their studies largely on the Court's opinions as indices of the Constitution's current meaning. But however well established may be the Court's role as the expounder of the constitutional document, the impact of a decision will depend on many individuals and circumstances far beyond the confines of the Court. This paper will examine the effects of the decision in Zorach v. Clauson on public policy in the seven years since its announcement. It will attempt to follow the repercussions of one Supreme Court decision through the entire political process within one area of political conflict—in this case the conflict over church-state relationships.

Type
Research Article
Information
American Political Science Review , Volume 53 , Issue 3 , September 1959 , pp. 777 - 791
Copyright
Copyright © American Political Science Association 1959

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References

1 343 U. S. 306 (1952).

2 For somewhat similar studies see Murphy, Walter, “Civil Liberties and the Japanese American Cases: A Study in the Uses of Stare Dedsis,” Western Political Quarterly, Vol. 11 (March, 1958), pp. 3–12CrossRefGoogle Scholar; Peltason, Jack W., Federal Courts in the Political Process (Garden City, N. Y., 1955)Google Scholar, ch. 6; and Patric, Gordon, “The Impact of a Court Decision: Aftermath of the McCollum Case,” Journal of Public Law, Vol. 6 (Pall 1957), pp. 455–464Google Scholar.

3 For the best brief but authoritative survey of released time in America, see Shaver, Erwin L., The Weekday Church School (Boston, 1956)Google Scholar. Dr. Shaver served for many years as the Executive Director of Weekday Religious Education of the National Council of Churches.

4 McCollum v. Board of Education, 333 U. S. 203 (1948).

5 Ibid., p. 212.

6 Everson v. Board of Education, 330 U. S. 1 (1947).

7 Cited note 1 above, p. 312.

8 Ibid., p. 314.

9 Ibid.

10 Ibid., pp. 324–325.

11 Ibid., p. 325.

12 Shaver, Erwin L., “Weekday Religious Education Secures Its Charter and Faces a Challenge,” Religious Education, Vol. 48 (January–Feburary, 1953), p. 43CrossRefGoogle Scholar.

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35 See: Research Division of the National Educational Association, “The State and Sectarian Education,” Research Bulletin, Vol. 34 (Dec., 1956)Google Scholar for the best summary of state legislation. It cites 14 states with permissive legislation, but the New Mexico listing turns out to involve a favorable ruling by the attorney general on the basis of ordinary school legislation. The 13 are: California, Indiana, Iowa, Kentucky, Maine, Massachusetts, Minnesota, New York, North Dakota, Oregon, Pennsylvania, South Dakota, and West Virginia.

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46 New York Times, February 20, 1955, p. 88Google Scholar. The program then reached 100 of 280 high school pupils in Bangor, Michigan.

47 Church and State Newsletter and the releases and memos of the Confraternity of Christian Doctrine, though obviously parties to the dispute, repeatedly carry stories of such local practices. See also Flachmeier, op. cit., and Early, Jack J., Religious Practices in the Public Schools in Selected Communities in Kentucky (U. of Kentucky: D.Ed, thesis, 1956)Google Scholar.

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50 A total of 59 of 67 answered the questionnaire, although only 60 responded to this question. A total of 33 superintendents reported they have released time programs in their counties, and 26 reported they do not. Of the 33 counties with released time, at least five still use school rooms, and two use community centers. The respondents making “correct” judgments on the issues of constitutionality are evenly divided between counties with released time programs and those without.

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52 Mentioned in Costanzo, Joseph F., “Religion in Public School Education,” Thought, Vol. 31 (Summer, 1956), p. 218CrossRefGoogle Scholar.

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55 Costanzo, op. cit., pp. 237–238.

56 Commonwealth v. Renfrew, 126 N.E. 2d 109 (1955).

57 Rawlings v. Butler, 290 S.W. 2d 801 (1956).

58 Carden v. Bland, 288 S.W. 2d 718 (1956), p. 722.1 should also note that in one state case the Zorach decision was used to deny an expansion of church-state cooperation. The New Jersey Supreme Court held the distribution of Gideon Bibles in the public schools to be preferential aid for some religious sects. See Tudor v. Board of Education, 100 A. 2d 857 (1953). This is, however, the only instance of the restrictive use of the precedent in state or federal courts of which I am aware.

59 Elbin, Paul N., “Religion in State Schools,” Christian Century, Vol. 69 (September 17, 1952), p. 1061Google Scholar.

60 F. Ernest Johnson (ed.), op. cit., p. 195.

61 Lundberg v. County of Alameda, 298 P. 2d 1 (1956), p. 7.

62 343 U. S. 306, p. 314.

63 Commonwealth v. Randall, 133 A. 2d 276 (1957).

64 Petition of Plywacki, 107 F. Supp. 593 (1952), p. 593.

65 Commercial Pictures v. Board of Regents, 113 N.E. 2d 502 (1953), p. 511.

66 Lewis v. Allen, 159 N.Y.S. 2d 807 (1957).

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