Ten years earlier, the court had considered a similar case involving a program in New York in Zorach v. Clauson.  
The argument made in the dissent in this case would be taken up again 23 years later in a dissent to Wallace v. Jaffree.  Ten years earlier, the court had considered a similar case involving a program in New York in Zorach v. Clauson.  That case reached a similar conclusion as was reached in a case involving a New Jersey man named Arch Everson, in which Hugo Black's majority opinion relied on an argument advanced in the "Memorial and Remonstrance" of James Madison.  In this case, Hugo Black again wrote the majority opinion, though he offered no precedent for his conclusion that a certain practice was inconsistent with the Establishment Clause.  In his dissent, Potter Srewart countered that the Free Exercise Clause was most important, and the Constitution only forbade the government to establish a church.  FTP, name this 1962 decision in which the Supreme Court asserted that public schools could not sponsor prayers.
The argument made in the dissent in this case would be taken up again 23 years later in a dissent to Wallace v. Jaffree.  
Engel v. Vitale