A moment of silence benefits vast majority of Americans; constitutionality of a moment of silence; the Rebbe’s stance on constitutional amendment – ‘entre nous’
By the Grace of G-d
Erev Shovuous, 5743
Brooklyn, N.Y.
The Honorable R. Boschwitz, U.S.S.
U.S. Senate
Washington, D.C. 20510
Greeting and Blessing:
I was pleased to receive your note at this auspicious time on the eve of the Festival of Shovuous, the Season (Anniversary) of the Giving of the Torah at Mount Sinai.
To begin with a blessing, I extend to you and your family prayerful wishes for a joyous and inspiring Yom-Tov of “receiving the Torah with joy and inwardness” – to use the traditional Chabad expression.
On the subject matter of your note, I wish to state at once that I appreciate your candor in expressing your views not only on points of our agreement, but also where we differ. Needless to say, in any discussion or debate, where one party sincerely desires to convince the other, complete candor is of the essence.
A further prerequisite is to find some common denominator, or background, if the debaters are to achieve a consensus on the issue. This presents no problem in the present case, since we both start from the same premise: what is best for the Nation.
Of course, Erev Yom Tov is hardly the time to enter into a lengthy discussion on so serious a subject. I will therefore address briefly one aspect of the issue.
By way of a foreword – everything in our imperfect world has both positive and negative aspects; hence it is essentially a question of proportion, whether the positive outweighs the negative, or vice versa, and to what extent.
Now, in regard to the reservations or objections pertaining to a moment of silent meditation in the public schools — and at issue, in my suggestion, is only just that and not a non-denominational prayer; and similarly in regard to aid to parochial schools towards such expenditures as transportation, lunches, and other non-religious items — any and all reservations pertain only to a small number of school children; whereas the benefit would accrue to the vast majority of the school children, not just a 51-49 majority. Millions of American children would be impacted by the opportunity to meditate every morning and remind themselves that an ever-watchful “Seeing Eye and Hearing Ear” scrutinizes their conduct.
I am purposely avoiding reference to the question of “constitutionality” for the simple reason – entre nous – that the Constitution of the United States was designed “by the people for the people,” namely, for the benefit of the people. Hence, if the majority of the people decide that a moment of meditation is good for the people, particularly since it concerns the young generation, in whom the American people have a vital stake – then there are legitimate ways, provided by the Constitution itself – to amend the Constitution, if necessary.
Incidentally, I have inquired from several legal experts and have been informed that actually no constitutional amendment is needed, since State Legislatures have the power to upgrade the educational system in the State and to provide State aid to the secular department of parochial schools, and the like.
The reason I underscored “entre nous” above, is that there are, sad to say, people (not in insignificant numbers) who, when determined to fight an issue, are not very selective in their methods. When such people run out of rational arguments, they will grasp at any specious argument to gain converts, or to confuse the issue. Thus, if they hear that I said that the constitutional argument is irrelevant to the issue at hand, they will raise a hue and cry that here comes a person who is not a native American, only a naturalized alien, who seeks to undermine the Constitution of the U. S. A., etc.
As already mentioned, it is not the most convenient time for me to elaborate on this matter, but I don’t think it necessary to do so in your case.
I will reiterate my prayerful wishes for a joyous and inspiring Festival, and may the joy and inspiration overflow into all the days ahead.
With esteem and blessing,
