Expresses the sense of the House of Representatives that: (1) the phrase "one Nation, under God" should remain in the Pledge of Allegiance; and (2) voluntary recitation of the Pledge in public school classrooms should be encouraged.
Recognizes and commends the Elk Grove Unified School District in California for its continued support of the Pledge.
Urges the Attorney General to appeal the ruling in Newdow, et al. v. U.S. Congress, et al. (holding that the policy of daily teacher-led recitations of the Pledge of Allegiance by public school students violates the Establishment Clause of the Constitution) to the Supreme Court.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 453 Introduced in House (IH)]
109th CONGRESS
1st Session
H. RES. 453
Expressing the sense of the House of Representatives with respect to a
court decision relating to the Pledge of Allegiance.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2005
Mr. McCotter (for himself, Mr. Norwood, Mr. Davis of Tennessee, Mr.
Ford, Mrs. Capito, Mrs. Schmidt, Mr. Sam Johnson of Texas, Mr. Barrett
of South Carolina, Mr. Pearce, Mr. Ferguson, and Mr. Shuster) submitted
the following resolution; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
RESOLUTION
Expressing the sense of the House of Representatives with respect to a
court decision relating to the Pledge of Allegiance.
Whereas on September 14, 2005, United States District Judge Lawrence Karlton
erroneously ruled the Pledge of Allegiance's reference to ``one Nation,
under God'' violates school children's right to be ``free from a
coercive requirement to affirm God'';
Whereas on September 14, 2005, United States District Judge Lawrence Karlton
cited the Ninth Circuit Court of Appeals decision in Newdow v. United
States Congress (292 F.3d 597; 9th Cir. 2002) and erroneously ruled the
Pledge of Allegiance's phrase, ``one Nation, under God'', violates
school children's right to be ``free from a coercive requirement to
affirm God''; claimed this phrase was added to the pledge in 1954 solely
to advance religion in violation of the establishment clause; and
averred the public schools' daily recitation of the Pledge of Allegiance
coerces reluctant students into participating in a religious exercise in
violation of the establishment clause of the first amendment;
Whereas however, the Supreme Court dismissed the case of Newdow v. the United
States Congress, finding the plaintiff lacked standing;
Whereas the decision by Judge Karlton wrongfully endangers Americans'
constitutionally protected, First Amendment right to the free exercise
of religion by illogically deeming the Pledge of Allegiance's phrase,
``one Nation, under God,'' as the establishment of a state-approved
religious sect and, further, contradicts the clear implication of the
holdings in various Supreme Court cases and the spirit of numerous other
Supreme Court cases in which members of the Court have explicitly stated
the voluntary recitation of the Pledge of Allegiance to the Flag is
consistent with the First Amendment;
Whereas Judge Karlton's ruling ignores the fact the Pledge of Allegiance
reflects our nation's founding was largely inspired by the Founders'
historically expressed and documented religious beliefs, which is the
precise reason why Americans do not derive their inalienable rights from
government, but rather government derives from the inalienable rights of
Americans;
Whereas the Pledge of Allegiance to the Flag is not a prayer or statement of
religious faith, and its recitation is not a religious exercise, but
rather, is a patriotic exercise where a citizen expresses support for
the United States and pledges allegiance to the flag, the principles for
which the flag stands, and our nation;
Whereas the House of Representatives recognizes the right of those who do not
share the beliefs expressed in the pledge or who do not wish to pledge
allegiance to the flag to refrain from its recitation;
Whereas rather than promoting neutrality on the question of religious belief,
this decision requires public school districts to adopt a preference
against speech containing religious references;
Whereas the voluntary recitation by public school students of numerous
historical and founding documents, such as the Declaration of
Independence, the Constitution, and the Gettysburg Address, are now
endangered by the absurd rationale of Judge Karlton's judicial fiat;
Whereas this decision is in direct conflict with the Seventh Circuit Court of
Appeals which, in Sherman v. Community Consolidated School District (980
F.2d 437; 7th Cir. 1992), held a school district's policy allowing for
the voluntary recitation of the Pledge of Allegiance to the Flag in
public schools does not violate the establishment clause of the first
amendment;
Whereas Congress has consistently supported the Pledge of Allegiance to the Flag
by starting each session with its recitation;
Whereas the House of Representatives reaffirmed support for the Pledge of
Allegiance to the Flag in the 107th Congress by adopting House
Resolution 459 on June 26, 2002, by a vote of 416-3 and in the 108th
Congress by adopting House Resolution 132 on March 20, 2003, by a vote
of 400-7; and
Whereas the United States Senate reaffirmed support for the Pledge of Allegiance
to the Flag in the 107th Congress by adopting Senate Resolution 292 on
June 26, 2002, by a vote of 99-0 and in the 108th Congress by adopting
Senate Resolution 71 on March 4, 2003, by a vote of 94-0: Now,
therefore, be it
Resolved, That it is the sense of the House of Representatives
that--
(1) the phrase ``one Nation, under God'' in the Pledge of
Allegiance to the Flag reflects historically factual religious
faith central to the lives of the Founders and the founding of
our Nation;
(2) the recitation of the Pledge of Allegiance to the Flag,
including the phrase, ``one Nation, under God'' is a patriotic
act, not an act or statement of religious faith or belief;
(3) the phrase ``one Nation, under God'' should remain in
the Pledge of Allegiance to the Flag and the practice of
voluntarily reciting the pledge in public school classrooms
should not only continue but should be encouraged by the
policies of Congress, the various States, municipalities, and
public school officials;
(4) because the recitation of the Pledge of Allegiance
preserves and promotes our Republic's vital virtue of
citizenship amongst our children, the school district where the
legal challenge to the pledge originated, the Elk Grove Unified
School District in Elk Grove, California, is recognized and
commended for its continued support of the Pledge of Allegiance
to the Flag;
(5) the ruling by United States District Judge Lawrence
Karlton is inconsistent with the Supreme Court's interpretation
of the first amendment, which indicates the voluntary
recitation of the pledge and similar patriotic expressions is
consistent with the first amendment; and
(6) the Attorney General should appeal the ruling in Newdow
v. United States Congress, and the Supreme Court should review
this ruling in order to correct this constitutionally infirm
and historically incorrect ruling which infringes upon and
endangers the inalienable rights of all Americans.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution.
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