James Madison, Hugo Black, and America’s Wall

Every church, synagogue, and mosque should have a sign: “If we are right, it matters.” America needs religions that function freely. America for the health of its polity, values, and culture needs many churches, synagogues, and mosques with their schools, hospitals, and social agencies. Why? Because America needs vigorous, sometimes raucous, multitudes who believe they are right, and who are willing to act on their belief. In counter-point to its secularity, America needs “out-ted” Evangelical Christians, fundamentalists, pro-life Catholics, Jehovah Witnesses, Hasidic Jews, the Amish, Quakers, Mennonites, Southern Baptists, Hindus, and Muslims of all kinds—acting on the belief that they are right. Through their beliefs, and they are indeed different, transcendent claims are made. For the flourishing of America, the religions must be allowed the freedom to attempt to be right and thus to matter. Secularity must open up. Likewise, for the flourishing of its polity, values, and culture, America needs Muslims.

James Madison, the father of the Constitution and of the Bill of Rights, might agree. At first in 1790, Madison thought that an amendment on freedom of religion was unnecessary. James MadisonThe new government had no enumerated power regarding religion, and thus should do nothing in religious matters. Religion and non-religion could flourish, or not, without government interference. However, Madison changed his mind. The first amendment was added: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Even so, Madison did not trust the government. The first amendment was necessary, but it could be a “parchment barrier.” The virtuous and benign behavior of government could not be assumed. This distrust is compounded when the secular polity, values, and culture of America increasingly confine religion to private worship and preclude its public involvement. Madison hoped that religious liberty, and liberty in general, would be preserved by religious groups checking and balancing each other. In fact, Voltaire had already in his mocking way stated this: “If there were only one religion in England, one might fear despotism; if there were two, they would slit each other’s throats; but there are thirty of them, and they live happily in peace.”

I deeply regret the use made of Jefferson’s extra-constitutional metaphor of a “wall” of separation between Church and State. The “wall” takes on a life of its own. In Justice Hugo Black’s famous words in Everson vs. Board of Education (1947),

 “The ‘establishment of religion’ clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass Hugo-Blacklaws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go or to remain away from church against his will or be punished for entertaining or professing religious beliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, or practice religion. Neither a state nor the Federal government can, openly or secretly, participate in the affairs of any religious organizations or groups, or vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect ‘a wall of separation between Church and State.”

The issue is with Black’s unwarranted “vice versa.” Government not to participate in religion, religion not to participate in government, this interpretation emphasizes non-establishment at the expense of “free exercise.” It gives the government the right to determine what a religion is, not the religions themselves. The government decides where the “wall” is. Instead of the wall keeping government out of religion, it is a wall to keep religion, as defined by the government, out of public life. Public engagement is part of the very definition of religions like Catholicism and Islam; thus free exercise is diminished by this presumed “wall.”

Catholics need to be in the public square with a loud voice, precisely because of what they believe. The First Amendment was meant to protect the right to participate in public life. Catholicism is a public religion. The government should not decide that it is not. Catholics as individuals, but also institutionally, want a loud voice because of what they believe about the meaning of life “in this world and in the next.” Another needed voice with different transcendent claims and a different transcendent imperative to act on those claims is Islam. Christians should welcome the presence of Muslims with their belief in a transcendent God who has spoken through Muhammad, and whose belief impacts the way that they live.

When Muslims immigrate, they experience the problems of the immigrant: assimilation, resistance, ambivalence, adaptation, rejection, acceptance, and acculturation. For the American Muslim there is an added dimension. Behind the Muslim immigrants lies the fourteen-hundred year old great tradition of Islam. Like Christianity, Islam for a time informed a civilization. The Muslim immigrant and the practice of surrender to God are severely challenged by American secularity. However, the conflict of values is a two-way street. Every immigrant is a challenge to the society’s assimilative power and to its adaptive capacity. If the immigrant is a Muslim, then the immigrant brings to America a religion and culture with more than one billion adherents undergoing a religious and cultural renewal. Muslims, as they seek to live a God-guided life, cannot but confront and contest American secularity. Catholics from their own experience of being American should appreciate the Muslim’s dilemma of being a resident alien. In the words of Pope Francis,

“Our relationship with the followers of Islam has taken on great importance, since they are now significantly present in many traditionally Christian countries, where they can freely worship and become fully part of society .  .  . In order to sustain dialogue with Islam, suitable training is essential for all involved, not only so that they can be solidly and joyfully grounded in their own identity, but so that they can also acknowledge the concerns underlying their demands and shed light on shared beliefs. We Christians should embrace with affection and respect Muslim immigrants to our countries in the same way that we hope and ask to be received and respected in countries of Islam tradition.”

Muslim and Christian resident aliens need to find cultural space, space to breathe within the polity of America for the free exercise of God-guided lives knowing, loving, and serving God in this world in order to be happy with God in the next. America’s polity, values, and culture will be richer for it.

Daniel Sheridan teaches theology for Saint Joseph’s College.

About Our Foundress: The Educational Vision of Catherine McAuley

The educational vision of Venerable Catherine McAuley, foundress of the Sisters of Mercy, Catherine McAuleyis rooted in Christian ideals and values. For Catherine, the ministry of education is, in essence, a work of Mercy, that is, a wholehearted, compassionate, and integral response to people’s learning needs. In her writings, Catherine views educational endeavors as a way to live out Jesus’ mandate to love others through enabling their personal and professional development, including attuning them to the importance of social responsibility.

Catherine grew up in an Irish society rampant with poverty, illiteracy, unemployment, and religious bigotry against Catholics. In response to the needs of her day, she developed educational opportunities ranging from pre-school to the adult level. Thus, she sought to provide others, especially poor young women and children, the chance to improve their human situation. Clearly, Catherine understood that education is essential to the process of the betterment of both individuals and society.

Catherine McAuley possessed various personal qualities that enabled her to become an excellent educator. She was a visionary woman of keen intellect who inherited a propensity for independent thinking from her mother, Elinor. Catherine was open-minded and flexible. She readily adapted to changing circumstances and possessed a remarkable ability to be practically oriented. Her very way of being reflected her profound commitment to Christian values.

Catherine was consummately human and in her humanness is found her holiness. She looked upon love as the cardinal virtue and reminded her Sisters that charity refreshes and enlivens and that love of one’s neighbor is living proof of the love of God.[2] Catherine’s loving nature was visible in the compassionate way in which she welcomed poor persons into her life. She literally spent herself, her time, energy, talents, and financial resources, to enable the poor to live dignified lives. Throughout cities and villages in Ireland and England, Catherine and her Sisters provided economically disadvantaged persons food, clothing, shelter, and educational experiences rooted in Christian principles.

Daily, Catherine spent substantial time in prayer. Oftentimes, she rose early in the morning to eke out a segment from her busy schedule to rest in God’s presence. Such experiences taught her to trust God completely. In a letter to Sister M. Angela Dunne, for example, Catherine queries and then advises: “Tell me all the news you have about your school, sick poor, and your little children. … Put your whole confidence in God. He will never let you want necessities for yourself or your children.”[4]

According to Catherine, to be genuine, the work of the Mercy educator needs to be rooted in an ever deepening communion with God, the source of one’s generosity and courage in carrying out the tasks of one’s profession. Catherine viewed teaching as an act of prayer and praise of God. For her, to teach is to express in word and deed that God is Love. In essence, according to Catherine, the work of the Mercy educator is meant to be a potent expression of the love of God and others.

Referring to the cross of trials or opposition in life, Catherine perceptively notes that “Some great things which God designs to accomplish would be too much joy without a dash of bitterness in the cup.”[5] This reflection is applicable to the educator who experiences diminishments such as misunderstandings, the inability to respond to the needs of some students, or overwork. The educator understands, with Catherine, that experiences like these can occasion the birthing of some form of new life – a spirit of patience and humility, prayerfulness, acceptance of the cross, an attitude of mercy and love, and enthusiasm for service.         

In and through her abiding respect, love, and concern for the neediest of her day, Catherine demonstrated her commitment to the social justice dimension of her educational vision. She understood that to be merciful is to act justly by being in solidarity with poor persons. She was convinced that to live mercy entails extending practical, active love to starving, homeless, sick, uneducated, and unemployed persons. Catherine’s statement: “The poor need help today, not next week,”[6] conveys the urgency she felt for the neediest. She insisted that loving poor persons means empowering them, especially through education, to become the architects and agents of their own future. While consistently responding to people’s immediate needs for food, shelter and clothing, Catherine sought to effect systemic change by establishing educational institutions. Integral to her strategy for fostering such change, she not only established schools for the economically disadvantaged, but also founded pension schools in which middle-class students learned the importance of social responsibility.

Present-day Mercy educators, like those of us at Saint Joseph’s College, are called to follow in the footsteps of Catherine and her Sisters, who wholeheartedly committed themselves to live out an ethic of social justice. Today, such educators extend Catherine’s legacy in this regard by means of creative, innovative responses to the signs of our times.

In 1993, the Sisters of Mercy of the Americas adopted the following statement concerning the mission of Mercy higher education

The Institute of the Sisters of Mercy of the Americas recognizes that higher education is integral to the mission of the Church and is an effective expression of the Mercy mission. The ministry expresses commitment to the pursuit of truth and knowledge and to the furtherance of the social, political, economic, and spiritual well-being of the human community.

Advancing this mission in the 21st century entails providing students rigorous, academically excellent liberal arts and professional preparation that promotes students’ holistic development within the context of the theological and ethical principles and values that Catherine embraced and embodied, including

  • The teachings of Jesus Christ and the heritage of the Catholic Church;
  • God’s Mercy and the call to live mercy;
  • Commitment to serving the needs of poor, sick, and uneducated persons;
  • A spirit of hospitality;
  • Reverence for each person and all other forms of creation;
  • Special sensitivity to the needs and status of women and children;
  • Active concern for and response to the needs of those who suffer material poverty;
  • Ecumenicity in embracing all persons who seek truth and moral values;
  • The primacy of life-impacting Christian learning and spiritual formation; and
  • An understanding of and response to local, national and global issues of social justice

Those of us who share in the ministry of Mercy higher education are called to uphold the values of mercy and justice that were uppermost in Catherine’s lived spirituality. In Catherine’s footsteps, we are commissioned to be heralds and agents of God’s good news of mercy and justice.

Sr. Marilyn Sunderman, R.S.M. teaches theology for Saint Joseph’s College.

[1] A Sister of Mercy of the Diocese of Oklahoma, The Spirit of M. Catherine McAuley (Oklahoma City: Sisters of Mercy – Mt. St. Mary’s Academy, 1922), 15.

[2] Ibid., 12.

[3] Ibid., 46, quoting Catherine McAuley.

[4] Roland Burke Savage, S.J., Catherine McAuley: The First Sister of Mercy (Dublin: M. H. Gill & Son, Ltd., 1949), 238, quoting Catherine McAuley.

[5] Familiar Instructions collected by first Sisters of Mercy (St. Louis: Vincentian Press, 192), 136.

[6] Bolster, 11, quoting Catherine McAuley.