McCloskey Calls New York Plan Unconstitutional

Despite general approbation of the program to revamp New York State's system of higher education, the idea of state aid to sectarian institutions has unfavorable comment from several quarters.

Set forth by a commission headed by Henry T. Heald, president of the Ford Foundation, the plan suggested a re-organization of the New York State University, and also sought financial support for both public and private schools.

Yesterday the American Jewish Congress questioned the constitutionality of state support for sectarian colleges and universities in a letter to Gov. Nelson A. Rockefeller.

Robert G. McCloskey, professor of Government, said last night he thought the United States Supreme Court would regard such a plan as "state aid to a religious institution, in violation of the 14th Amendment." He cited the 1948 case of McCollum v. Board of Education, in which the Court, by a 5-4 decision, ruled that a "released time" program for the religious training of public school children in Champaign, III., was unconstitutional.

"Release from Legal Duty"

In that decision, Justice Hugo Black wrote, "Pupils compelled by law to go to school for secular education are released in part from their legal duty upon the condition that they attend religious classes."

McCloskey pointed out, however, that there seems to be no obvious way to get standing to sue in such a case. "There should be an attempt" to prove this aspect of the New York plan unconstitutional, he predicted, "but I don't have much confidence in its success."

"There is state and local aid now in the form of tax exemption," Theodore R. Spizer, teaching fellow in Education, noted. "But tax exemption is one thing, and paying teachers' salaries is another. You have to decide where to draw the line."

Set forth by a commission headed by Henry T. Heald, president of the Ford Foundation, the plan suggested a re-organization of the New York State University, and also sought financial support for both public and private schools.

Yesterday the American Jewish Congress questioned the constitutionality of state support for sectarian colleges and universities in a letter to Gov. Nelson A. Rockefeller.

Robert G. McCloskey, professor of Government, said last night he thought the United States Supreme Court would regard such a plan as "state aid to a religious institution, in violation of the 14th Amendment." He cited the 1948 case of McCollum v. Board of Education, in which the Court, by a 5-4 decision, ruled that a "released time" program for the religious training of public school children in Champaign, III., was unconstitutional.

"Release from Legal Duty"

In that decision, Justice Hugo Black wrote, "Pupils compelled by law to go to school for secular education are released in part from their legal duty upon the condition that they attend religious classes."

McCloskey pointed out, however, that there seems to be no obvious way to get standing to sue in such a case. "There should be an attempt" to prove this aspect of the New York plan unconstitutional, he predicted, "but I don't have much confidence in its success."

"There is state and local aid now in the form of tax exemption," Theodore R. Spizer, teaching fellow in Education, noted. "But tax exemption is one thing, and paying teachers' salaries is another. You have to decide where to draw the line."