of his
constitutional rights of freedom of speech and petition.[265] Insofar as
Congress legitimately may regulate lobbying, its powers in relation
thereto have been declared not to extend to "indirect lobbying by the
pressure of public opinion on the Congress." The latter was deemed to be
"the healthy essence of the democratic process."[266]

Notes

[1] 268 U.S. 652 (1925).

[2] Ibid. 666.

[3] Fiske _v._ Kansas, 274 U.S. 380 (1927).

[4] Cantwell _v._ Connecticut, 310 U.S. 296 (1940).

[5] Near _v._ Minnesota, 283 U.S. 697 (1931).

[6] De Jonge _v._ Oregon, 299 U.S. 353 (1937).

[7] Annals of Congress, 434 (1789-1791).

[8] Records of the United States Senate, Sept. 9, 1789, United States
Archives, cited in Appellees Brief in McCollum _v._ Board of Education,
333 U.S. 203 (1948).

[9] Ibid.

[10] Ibid.

[11] Joseph Story, Commentaries on the Constitution, Sec. 1879 (1833).

[12] Ibid. Sec. 1874.

[13] Principles of Constitutional Law, 224-225, 3d ed. (1898).

[14] Saul K. Padover, The Complete Jefferson, 518-519 (1943).

[15] 98 U.S. 145 (1879).

[16] Ibid. 164. In his 2d Inaugural Address Jefferson expressed a very
different, and presumably more carefully considered, opinion upon the
purpose of Amendment I: "In matters of religion, I have considered that
its free exercise is placed by the Constitution independent of the
powers of of the general government." This was said three years after
the Danbury letter. 1 Messages and Papers of the Presidents, 379
(Richardson ed. 1896).

[17] Everson _v._ Board of Education, 330 U.S. 1 (1947).

[18] Ibid. 15, 16.

[19] McCollum _v._ Board of Education, 333 U.S. 203 (1948).

[20] Ibid. 212.

[21] 333 U.S. 203, 213 (1948).

[22] Ibid. 216-218. Justice Frankfurter's principal figure in the fight
against sectarianism is Horace Mann, who was secretary of the
Massachusetts Board of Education, 1837-1848. Mann, however, strongly
resented the charge that he was opposed to religious instruction in the
public schools. "It is true that Mr. Mann stood strongly for a 'type of
school with instruction adapted to democratic and national ends.' But it
is not quite just to him to contrast this type of school with the school
adapted to religious ends, without defining terms. Horace Mann was
opposed to sectarian doctrinal instruction in the schools, but he
repeatedly urged the teaching of the elements of religion common to all
of the Christian sects. He took a firm