European Stars And Stripes (Newspaper) - April 28, 1978, Darmstadt, Hesse                                Poge 12 the stars and stripes George will april 1978 tuition tax legitimate political arguments often come clothed in the Gray worsted of Constitution Al consider the proposal to allow fam Ilies to subtract from their taxes half of what they pay in up to shoo per Stu the plan would offer help to parents who might choose a private alternative to Public because some parents would choose religious Public Edu cation lobbyists argue that the plan Vio lates the first amendment prohibition of an establishment of they say the Bill fails the three pan test recently formulated by the supreme court the statute must have a secular legislative purpose its principal or primary effect must be one that neither advances nor inhibits the statute must not Foster an excessive government entanglement with Reli regarding the first the Bill has the secular purpose of improving educational regarding the third excessive entanglement cannot result from a Bill that merely provides tax Relief to a Broad class of there is no ground for proscribing tax credits for tuition paid to Church schools while permitting tax deductions for contributions to both involve relationships Between the i taxing authority and without government Contact with religious ins Titu Hie or test Vio the intent of the framers of the is Ihm ent Edward the Itu tonal correctly wrote 1 historical record shows beyond per ure that the Core idea of an Stab i of religion comprises the idea of ice of one sect Over and t any act of Public authority favourable i religion in general without Man last falsification of be brought r the ban of that the 1789 debates on the establishment reads Madison said he App re d the meaning of the words to Congress should not establish Rell and enforce the Legal observation of some states feared Congress establish a National religion to these effects he presumed the was the time of the nine of the is had established churches in but Justice Lewis Powell says at this Point in the 20tb Century we Are far removed from the dangers that the framers to include the sent risk of signify religious or denominational control r our democratic processes or even sep political division along religious is when viewed the positive contributions of Sec tartan any such risk seems entire wearable in Light of the continuing weight of this to the last 30 Yean the supreme court has wrestled with 13 significant establish ment clause cases without settling the Issue presented by the tuition tax credit in 1947 the contradicting the Clear intent of the held that govern ment must be Neutral in its relations with groups of religious believers and none in 1952 the court reversed itself when the state encourages religious instruction or cooperates with religious authorities by adjusting the schedule of Public events to sectarian it follows the Best of our for it then respects the religious nature of our people and accommodates the Public service to their spiritual the court has approved state provision of transportation for parochial school pupils to and from but has disapproved transportation for Field the court has approved state provision of text books for use in sectarian schools but Dis approved provision of other instructional it is preposterous to say that such hair splitting is constitutionally Neces and Antonin University of Chicago Law professor and former assist ant attorney wrote there is no of that the tuition tax Relief provided by the tax credit Bill is constitutional As applied to parents and students paying tuition to non religious private is it conceivable in this country As let us to Hungary it is not Only proper but necessary to single out for special discrimination those parents who choose to follow the Long american tradition of religious schooling with the tuition tax credit can play its important role Tanh Tion of constitutional Law it am if court an Opportunity to rethink ant Tant and unsettled question Anthony Lewis the president and his London in Europe As in Jimmy Carter is the subject of much head the economist of London leads this weeks Issue with a worried article about what it Calls his insouciant presi americas it must Hope that the Giddy slide in his fortunes is coming to an some of Carters troubles Are no doubt of his own he was naive in his expectations of Quick he evidently lacks a taste a Roosevelt Ian savor for political and so on the list is but his shortcomings by no Means explain the the savagery of the attacks on that is evident if the criticism is viewed in the Light of a Little the current Wisdom among political an for is that Carter has overloaded the circuits in Congress with a legislative compared to what Harry Truman poured fair Deal proposals onto resistant and he is now everyone political one of the late president Kennedy assistants goes around the country these Days making sour remarks about Jimmy i greatly admired but his first year in the White House was hardly a Model of its distinctions included the Bay of pigs and a National bomb Shel Ter compared to Carters first year was a then there were Lyndon Johnson and Richard can people really have for gotten their terrible flaws of character the fairer to Jimmy Carter than his Domestic did Praise his personal qualities while faulting his poli he has Many of the right instincts it whether on racism or human it praised his openness and decency and said he May be impel but he is not memories seem Short on both sides of the the europeans complain about lock of and there Are such faults in the Carter but they do not amount to much to the unilateral change imposed by Nixon on the Dollar basis of the world monetary system nor to the crudity with which Nixon Secretary of the Treasury John dismissed european and japanese foreign policy european and express a Good Deal of longing for the experience and As they put of Henry but their memo Ries Are too or their values Dis Carters foreign policy advisors May not Nave so magisterial a but they have not bombed any or invaded in this is the first recent presi Dency that in its first year has not used military it would be too much to expect a sense of history from the press when i performs a function of criticizing politicians but in its treatment of Jimmy Carters White House it has seemed especially shallow and shrill More concerned with gossip than with when Carter talks about critics examine the in coasts past the dubious pro Pedt but hardly anyone states in truth that inflation is an ext nerd tractable and not Only that is so of All econ Nice in the developed world dam have the answer to Aln in Many areas the problems Are than they used to and the Raht interest groups to any conceivable More fighting the Hospital costs sounds like got it turns out that Hospital workers tors and trustees have their Rew agree with the policy and Means to fight the problems Are More census More elusive than said in his Campaign or that is a reason or with and i think he colleagues Are still resented by my there Are Europa by the idea of a Peanut Fannir and in was the nauseating Abs Unity of per reporting resentment at Tea Gians failure to come to dinner but Jimmy Carter rates no sympathy he asked for lot the tendency to focus p appointment and animosity on can president goes beyond writing in the new York professor Sheldon Wohn of suggests that an unnatural become incorporated into the m of american political life Tat str ration of the president it americas friends should reasons much More serious than of Jimmy