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Saturday, October 17, 2015

The Pledge of Allegiance- Is it Constitutional? (Snopes)

Most Americans have the illusion that the Pledge of Allegiance goes back to Revolutionary Times and the "Founding Fathers."

Its actual history is rather different:



The October 12, 1892 Columbus Day celebration of the 400th Anniversary of the discovery of America was planned for years in advance, and anticipated much as modern Americans look forward to and plan for the advent of a new century.  The United States had recovered from most of the effects of its Civil War that began 30 years earlier, and people from around the world were flocking to the "Land of Opportunity".  The previous year almost a half million immigrants had entered the United States through the Barge Office in Battery Park, New York and on New Years day of 1892 the new Federal Bureau of Receiving's station at Ellis Island had opened.

Two men interested in both education and planned Columbus Day celebrations around our Nation's 44 states were Francis Bellamy and James Upham.  To this day it is still unknown which of the two men actually authored the words that were to become the Pledge of Allegiance.   It was published anonymously and not copyrighted.   James Upham was an employee of the Boston publishing firm that produced "The Youth's Companion" in which it first appeared.  Francis Bellamy was an educator who served as chairman of the National committee of educators and civic leaders who were planning the Columbus Day activities.  What we do know for certain is that the words first appeared in the September 8, 1892 issue of "The Youth's Companion", and a month later more than 12 million school children   recited the words for the first time in schools across the nation.  Our Pledge of Allegiance was born, but like anything new, it took many years to "reach maturity", and underwent several changes along the way.  That first Pledge of Allegiance read:

     I pledge allegiance to my Flag,
and to the Republic for which it stands:

     one Nation indivisible,
With Liberty and Justice for all.
October 11, 1892
After the Columbus Day celebration the Pledge to the Flag became a popular daily routine in America's public schools, but gained little attention elsewhere for almost 25 years.  Finally, on Flag Day - June 14, 1923, the Pledge received major attention from adults who had gathered for the first National Flag Conference in Washington, D.C.  Here their Conference agenda took note of the wording in the Pledge.  There was concern that, with the number of immigrants now living in the United States, there might be some confusion when the words "My Flag" were recited.  To correct this the pledge was altered to read:
     I pledge allegiance to my the 
Flag of the United States,
and to the Republic for which it stands:

     one Nation indivisible,
With Liberty and Justice for all.
June 14, 1923
The following year the wording was changed again to read:
     I pledge allegiance to the Flag
of the United States of America,
and to the Republic for which it stands:

     one Nation indivisible,
With Liberty and Justice for all.
June 14, 1924
The Pledge of Allegiance continued to be recited daily by children in schools across America, and gained heightened popularity among adults during the patriotic fervor created by World War II.  It still was an "unofficial" pledge until June 22, 1942 when the United States Congress included the Pledge to the Flag in the United States Flag Code (Title 36).   This was the first Official sanction given to the words that had been recited each day by children for almost fifty years.  One year after receiving this official sanction, the U.S. Supreme Court ruled that school children could not be forced to recite the Pledge as part of their daily routine.  In 1945 the Pledge to the Flag received its official title as:
The Pledge of Allegiance
The last change in the Pledge of Allegiance occurred on June 14 (Flag Day), 1954 when President Dwight D. Eisenhower approved adding the words "under God".   As he authorized this change he said:
"In this way we are reaffirming the transcendence of religious faith in America's heritage and future; in this way we shall constantly strengthen those spiritual weapons which forever will be our country's most powerful resource in peace and war."
This was the last change made to the Pledge of Allegiance.  The 23 words what had been initially penned for a Columbus Day celebration now comprised a Thirty-one profession of loyalty and devotion to not only a flag, but to a way of life....the American ideal.  Those words now read:
flag2.gif (8316 bytes)
I pledge allegiance to the Flag
     of the United States of America,
and to the Republic for which it stands:

     one Nation under God, indivisible,
With Liberty and Justice for all.

June 14, 1954

In 1892, 1923, 1924 and 1954 the American people demonstrated enough concern about the actual words in the Pledge to make some necessary changes.  Today there may be a tendency among many Americans to recite "by rote" with little thought for the words themselves.  Before continuing with our tour, let's examine these 31 words a little more thoroughly.
I Pledge AllegianceI Promise to be faithful and true (Promise my loyalty)
to the flagto the emblem that stands for and represents
of the United Statesall 50 states, each of them individual, and individually represented on the flag
of Americayet formed into a UNION of one Nation.
and to the RepublicAnd I also pledge my loyalty to the Government that is itself a Republic, a form of government where the PEOPLE are sovereign,
for which it stands,this government also being represented by the Flag to which I promise loyalty.
one Nation under God,These 50 individual states are united as a single Republic under the Divine providence of God, "our most powerful resource" (according to the words of President Eisenhower)
Indivisible,and can not be separated.   (This part of the original version of the pledge was written just 30 years after the beginning of the Civil War and demonstrates the unity sought in the years after that divisive period in our history)
with LibertyThe people of this Nation being afforded the freedom to pursue "life, liberty, and happiness",
and JusticeAnd each person entitled to be treated justly, fairly, and according to proper law and principle,
for All.And these principles afforded to EVERY AMERICAN, regardless of race, religion, color, creed, or any other criteria.   Just as the flag represents 50 individual states that can not be divided or separated, this Nation represents millions of people who can not be separated or divided.
Thus it is that when you Pledge Allegiance to the United States Flag, You:
*Promise your loyalty to the Flag itself.
*Promise your loyalty to your own and the other 49 States.
*Promise your loyalty to the Government that unites us all,
     Recognizing that we are ONE Nation under God,
     That we can not or should not be divided or alone,
     And understanding the right to Liberty and Justice belongs to ALL of us.

Pledge of Allegiance

Did an appeals court rule that teacher-led recitation of the Pledge of Allegiance in public schools is unconstitutional?

Claim:   An appeals court ruled that teacher-led recitation of the Pledge of Allegiance in public schools is unconstitutional.

Status:   True. 

Example:   [Collected on the Internet, 2002]

Ninth U.S. Circuit Court of Appeals Outlaws Pledge of Allegiance

On Wednesday, June 26, the Ninth U.S. Circuit Court of Appeals in San Francisco ruled the Pledge of Allegiance to the U.S. Flag cannot be recited in public schools because the phrase "under God" endorses religion. The court ruled that reciting this phrase is a violation of the alleged Constitutional separation of church and state. On Thursday, June 27, one of the two judges who outlawed the Pledge stayed execution of the decision until all eleven justices of the Ninth Circuit Court have also ruled. However, nothing has changed. The Pledge is still unconstitutional.

This is probably the most dangerous ruling of any Federal Court in American history because it is a declaration that America is no longer "one nation under God". This court is saying that America does not need or want God. This ruling must be reversed immediately!

This reversal can be achieved in only two ways: (1) The U.S. Supreme Court has the power to overturn this decision and should immediately call a special session for this purpose; (2) A Constitutional Amendment passed by the U.S. Congress, and also passed by 37 of our 50 statelegislatures, can overrule this terrible decision and guarantee that no future court can ever do such a dastardly thing again.

Please sign the petition below and help us gather 1,000,000 American names which will be forwarded immediately to the nine Justices of the U.S. Supreme Court, all 535 members of the U.S. Congress, all 50 state governors, every member of our 50 state legislatures, and President George W. Bush.

Please have all of your "e-mail friends" follow your example in putting their names on the petition below.

Origins:   On 26 June 2002, a three-member panel of the United States Court of Appeals for the Ninth Circuit in San Francisco ruled that recitation of the current version of the Pledge of Allegiance (which has since 1954 included the words "under God") in public Flagschools is unconstitutional because it "violates the religion clauses of the Constitution" (i.e., the First Amendment protection that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof").

The ruling was issued in response to a lawsuit filed in Federal District Court in Sacramento by Dr. Michael A. Newdow, a parent whose daughter attends elementary school in the nearby Elk Grove Unified School District.  Dr. Newdow had argued that his daughter's First Amendment rights were infringed because she has been forced to "watch and listen as her state-employed teacher in her state-run school leads her classmates in a ritual proclaiming that there is a God, and that ours is 'one nation under God.'"

The appeals court, by a 2-1 margin, held that "A profession that we are a nation 'under God' is identical, for Establishment Clause purposes, to a profession that we are a nation 'under Jesus,' a nation 'under Vishnu,' a nation 'under Zeus,' or a nation 'under no god,'" because none of these professions can be neutral with respect to religion; and that the government must pursue a course of complete neutrality toward religion which it violates with "a message of state endorsement of a religious belief when it requires public school teachers to recite, and lead the recitation of the current form of the pledge." Although students cannot be required to recite the pledge, the appeals court said a student who objects is confronted with an "unacceptable choice between participating and protesting."

The decision was put on hold pending a review by the full court, and the general expectation was that the ruling would be reconsidered at that time. However, on 28 February 2003 the Ninth Circuit court declined to reconsider, and the decision was again temporarily stayed to give the school district 90 days to ask the Supreme Court to review the ruling.

A few points of clarification about this issue:
  • The decision applies only to the nine Western states under the Ninth Circuit court's jurisdiction: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
  • The ruling does not make the Pledge of Allegiance "unconstitutional" or "illegal" per se; it holds that the current version of the Pledge of Allegiance (which includes the words "under God") may not be recited in public schools as part of a teacher-led or school-sanctioned activity. Technically, schools could still lead recitations of the original version of the pledge (before the 1954 insertion of the words "under God"), and students could still choose to recite either version on their own.
The decision could conceivably be overturned through any one of several procedures:
  • The defendants could appeal to have the Supreme Court hear their case.
  • Congress could propose, and state legislatures could ratify, a constitutional amendment explicitly establishing the constitutionality of the Pledge of Allegiance.
Update:   In June 2004 the Supreme Court reversed the lower-court decision, ruling that Newdow did not have the legal standing to bring the case.

Last updated:   5 January 2008

 
  Sources Sources:
    Pierson, David and Henry Weinstein.   "'Under God' Retained As Stay Is Sought."
    Los Angeles Times.   4 March 2003   (p. B5).


    Pritchard, Justin.   "Appeals Court Won't Reconsider Its Pledge Ruling."
    Associated Press.   28 February 2003.


    CNN.com.   "Appeals Court Stays Enforcement of Its Pledge Ruling."
snopes
       

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