Sam Ervin on First Amendment

The Constitution is the wisest instrument of government the Earth has ever known. If America is to endure as a free republic as ordained by it, Presidents, Supreme Court justices, and other public officers must do what they have sworn to do, that is, support it.

Recognizing these truths, I spent my major efforts during my 20 years as a senator from North Carolina trying to persuade government to obey the Constitution.

Despite my admiration for President Reagan, I am constrained by my duty to our country to assert that what he says, does, and advocates in respect to religion shows that he does not understand the religious clauses of the First Amendment and how obedience to them is essential to the preservation of the religious freedom they are designed to secure to all Americans of all faiths.

He urges Congress to give federal tax credits to parents who send their children to private schools to be taught the creeds of their churches. His action in this respect violates the First Amendment, which forbids government to use the taxes of Caesar to finance the things of God.

He named an ambassador to the Vatican--an act in violation of the establishment clause, which in the words of its drafter, James Madison, forbids government to establish on official relationship with any religion.

He urges the adoption of a constitutional amendment to authorize prayer in the public schools. The adoption of such an amendment would drastically alter the First Amendment, which commands the government to be strictly neutral in respect to religion, and leaves the task of teaching religion to children to the homes and churches of our land.

The Founding Fathers rightly believed that the great diversity of religious faiths in America makes governmental neutrality in religion essential if our people are to live together in peace.

The government must keep its hands off religion if our people are to enjoy religious freedom--our most precious freedom.

SAM J. ERVIN JR.

Morganton, N.C.

This letter was sent to The Times by the late senator from North Carolina before he became ill.