[Congressional Record Volume 147, Number 7 (Monday, January 22, 2001)]
[Senate]
[Page S419]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THURMOND:
  S.J. Res. 1. A joint resolution proposing an amendment to the 
Constitution of the United States relating to voluntary school prayer; 
to the Committee on the Judiciary.
  Mr. THURMOND. Mr. President, today, I am introducing the voluntary 
school prayer constitutional amendment. This bill is identical to S.J. 
Res. 73, which I introduced in the 98th Congress at the request of 
then-President Reagan and have reintroduced every Congress since.
  This proposal has received strong support from both sides of the 
aisle and is of vital importance to our Nation. It would restore the 
right to pray voluntarily in public schools--a right which was freely 
exercised under our Constitution until the 1960's, when the Supreme 
Court ruled to the contrary.
  Also, in 1985, the Supreme Court ruled an Alabama statute 
unconstitutional which authorized teachers in public schools to provide 
``a period of silence . . . for meditation or voluntary prayer'' at the 
beginning of each day. As I stated when that opinion was issued and 
repeat again: the Supreme Court has too broadly interpreted the 
Establishment Clause of the First Amendment and, in doing so, has 
incorrectly infringed on the rights of those children--and their 
parents--who wish to observe a moment of silence for religious or other 
purposes.
  Until the Supreme Court ruled in the Engel and Abington School 
District decisions, the Establishment Clause of the First Amendment was 
generally understood to prohibit the Federal Government from officially 
approving, or holding in special favor, any particular religious faith 
or denomination. In crafting that clause, our Founding Fathers sought 
to prevent what had originally caused many colonial Americans to 
emigrate to this country--an official, State religion. At the same 
time, they sought, through the Free Exercise Clause, to guarantee to 
all Americans the freedom to worship God without government 
interference or restraint. In their wisdom, they recognized that true 
religious liberty precludes the government from both forcing and 
preventing worship.
  As Supreme Court Justice William Douglas once stated: ``We are a 
religious people whose institutions presuppose a Supreme Being.'' 
Nearly every President since George Washington has proclaimed a day of 
public prayer. Moreover, we, as a Nation, continue to recognize the 
Deity in our Pledge of Allegiance by affirming that we are a Nation 
``under God.'' Our currency is inscribed with the motto, ``In God We 
Trust''. In this Body, we open the Senate and begin our workday with 
the comfort and stimulus of voluntary group prayers. I would note that 
this practice has been upheld as constitutional by the Supreme Court.
  It is unreasonable that the opportunity for the same beneficial 
experience is denied to the boys and girls who attend public schools. 
This situation simply does not comport with the intentions of the 
framers of the Constitution and is, in fact, antithetical to the rights 
of our youngest citizens to freely exercise their respective religions. 
It should be changed, without further delay.
  The Congress should swiftly pass this resolution and send it to the 
States for ratification. This amendment to the Constitution would 
clarify that it does not prohibit vocal, voluntary prayer in the public 
school and other public institutions. It emphatically states that no 
person may be required to participate in any prayer. The government 
would be precluded from drafting school prayers. This well-crafted 
amendment enjoys the support of an overwhelming number of Americans.
  I strongly urge my colleagues to support prompt consideration and 
approval of this legislation during this Congress.
  I ask unanimous consent that the legislation be printed in the 
Record.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                              S.J. Res. 1

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled (two-thirds of 
     each House concurring therein), That the following article is 
     proposed as an amendment to the Constitution of the United 
     States, which shall be valid to all intents and purposes as 
     part of the Constitution when ratified by the legislatures of 
     three-fourths of the several States within seven years after 
     the date of its submission by the Congress:

                              ``Article --

       ``Nothing in this Constitution shall be construed to 
     prohibit individual or group prayer in public schools or 
     other public institutions. No person shall be required by the 
     United States or by any State to participate in prayer. 
     Neither the United States nor any State shall compose the 
     words of any prayer to be said in public schools.''.

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