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Pledge Ruled Unconstitutional

post #1 of 321
Thread Starter 
we gotta start removing "In God We Trust" from all our dolla' bills.

********************************

Pledge Ruled Unconstitutional
Wed Jun 26, 2:52 PM ET
By DAVID KRAVETS, Associated Press Writer

SAN FRANCISCO (AP) - For the first time ever, a federal appeals court declared the Pledge of Allegiance unconstitutional Wednesday because of the words "under God" added by Congress in 1954.


The 9th U.S. Circuit Court of Appeals ( news - web sites) said the phrase amounts to a government endorsement of religion in violation of the Constitution's Establishment Clause, which requires a separation of church and state.

"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," Judge Alfred T. Goodwin wrote for the three-judge panel.

The appeals said that when President Eisenhower signed the legislation inserting "under God" after the words "one nation," he wrote that "millions of our schoolchildren will daily proclaim in every city and town, every village and rural schoolhouse, the dedication of our nation and our people to the Almighty."

The court noted that the U.S. Supreme Court ( news - web sites) has said students cannot hold religious invocations at graduations and cannot be compelled to recite the pledge. But when the pledge is recited in a classroom, a student who objects is confronted with an "unacceptable choice between participating and protesting," the appeals court said.

"Although students cannot be forced to participate in recitation of the pledge, the school district is nonetheless conveying 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," the court said.

The case was brought by Michael A. Newdow, a Sacramento atheist who objected because his second-grade daughter was required to recite the pledge at the Elk Grove school district. A federal judge dismissed his lawsuit, but the 9th Circuit ordered that the case proceed to trial.

"I'm an American citizen. I don't like my rights infringed upon by my government," he said in an interview. Newdow called the pledge a "religious idea that certain people don't agree with."

The government had argued that the religious content of "one nation under God" is minimal.

But the appeals court said that an atheist or a holder of certain non-Judeo-Christian beliefs could see it as an attempt to "enforce a `religious orthodoxy' of monotheism."
post #2 of 321
Now i'm not a religious guy much, but I was raised saying the pledge and have no problem saying it now. Anyone who feels threatened by the words "under God" quite frankly needs to get their head examined. Hell, i'm threatened by the words "Carrot Top", should we have him executed?
post #3 of 321
Quote:
Rhinestone Cowboy:
Hell, i'm threatened by the words "Carrot Top", should we have him executed?
Wait, I'm confused.

You mean this wouldn't be a good idea?
post #4 of 321
Thread Starter 
the bitch is these people don't feel "threatened" using dollar bills that say "In God We Trust."

In fact, I've never heard anyone complain about it.
post #5 of 321
Quote:
nelson:
the bitch is these people don't feel "threatened" using dollar bills that say "In God We Trust."

In fact, I've never heard anyone complain about it.
Nelson, I could not agree with you more
post #6 of 321
Quote:
nelson:
the bitch is these people don't feel "threatened" using dollar bills that say "In God We Trust."

In fact, I've never heard anyone complain about it.
Because giving a dollar bill to someone is not a proclamation of belief in the same way that saying "I pledge my allegiance to a country ruled over and defined by something I don't believe in" is.

So one would be effectively lying, just as an atheist is essentially being asked to lie when being sworn in during a court case.

If you're a believer, it's cool. Also, if you're a liar, it's cool. However, if you're a non-believer and a non-liar, it's kind of a bummer.

If you're a believer or a liar, you probably have no right to criticize.
post #7 of 321
It's not a matter of being "threatened".

It simply recognizes the fact that not all Americans worship a freakin' deity.

Pledging allegiance to your country and pledging allegiance to your god should be two separate things.

But this is going to produce a shitstorm of controversy, I imagine. The polls on CNN show what we all already know, most Americans worship an invisible being and assume this is part of the vast liberal conspiracy to recruit their children into homosexuality and communism.

post #8 of 321
Quote:
AndYouWillKnowUs bytheTrailof DaveB:
So one would be effectively lying, just as an atheist is essentially being asked to lie when being sworn in during a court case.
Actually, in many (enlightened) states there exists a secular swearing-in oath, that doesn't require faith in the bible or Jesus or Yahweh or Imhotep...
post #9 of 321
Quote:
Jacob Singer
[QBActually, in many (enlightened) states there exists a secular swearing-in oath, that doesn't require faith in the bible or Jesus or Yahweh or Imhotep...[/QB]
I wouldn't call Montana "enlightened", but as far as I know, even we have cut out the "so help you God" part on the oath. Whatever.

Lawsuits like this one make my ass tired.
post #10 of 321
This is one of the greatest days in recent American history. And now let the bashing from the media commence! FAUX news is acting like the court just shot their grandmothers, their host is suggesting that this is "un-american" and have showed just how fair and balanced they are by lobbing off phone calls from Jerry Falwell and someone from The Heritage Foundation. On CNN, the entire talkbalk live audience is shaking their heads and poo-pooing the man who didn't want his daughter to be subjected to the pledge.

Here is the reality, kids are NOT forced to say the pledge of allegiance. However, kids that do not say it are "weird kids". I remember from elementary school that the teachers tell the kids to stand up and recite the pledge. There is no one telling the children that they have a choice. I also remember the Witness children that didn't say the pledge or celenrate the holidays. They were made fun of and had to put up with a lot of crap, and that isn't right.

This was not a divisive topic until the courts inserted "Under God" into the pledge in 1954, after being pressured by McCarthyism and the religious-right. America is NOT brought together by proclaiming a love for an imaginary old man who lives in the sky. America is united by a spirit of love for our neighbors, compassion, and our common freedoms.
post #11 of 321
Thread Starter 
Quote:
U2Shark
[QB]America is NOT brought together by proclaiming a love for an imaginary old man who lives in the sky.QB]
So I guess some of us (about 75% of the American population) are delusional?
post #12 of 321
Yup.
post #13 of 321
Thread Starter 
I'm having a ball with this, so I've re-written the POA:

I pledge allegiance...

...to the Flag of the Untied States of America. And to the Godless Republic for which It stands, barely one-half a Nation, under absolutely no acknowledgment of a Sumpreme Being whatsoever, very divisible, with Liberty and Justice for all practicing atheists, and persecution for anyone practicing religion.
post #14 of 321
Quote:
nelson:
I'm having a ball with this, so I've re-written the POA:

I pledge allegiance...

...to the Flag of the Untied States of America. And to the Godless Republic for which It stands, barely one-half a Nation, under absolutely no acknowledgment of a Sumpreme Being whatsoever, very divisible, with Liberty and Justice for all practicing atheists, and persecution for anyone practicing religion.
Or, of course, it could sensibly be made to not exclude anyone because of their beliefs.

Naw, that would be stupid.

Actually, Jack is right. What's the point in reciting something you don't fully comprehend, anyway? Rote memorization doesn't really mean a thing.
post #15 of 321
I don't understand why people think God should be in the pledge in the first place. Can someone explain that first?
post #16 of 321
Quote:
nelson:
Quote:
U2Shark
[QB]America is NOT brought together by proclaiming a love for an imaginary old man who lives in the sky.QB]
So I guess some of us (about 75% of the American population) are delusional?
"But madness is rare only among individuals. It is quite common in entire nations." Edward N. Luttwak
post #17 of 321
CNN answered my query:
"To recite the pledge is not to describe the United States; instead it is to swear allegiance to the values for which the flag stands: unity, indivisibility, liberty, justice and -- since 1954 -- monotheism."

The phrase was added in 1954 through legislation signed by President Eisenhower. The appeals court noted that Eisenhower wrote then that "millions of our schoolchildren will daily proclaim in every city and town, every village and rural schoolhouse, the dedication of our nation and our people to the Almighty."

That's mighty fucking suspect, people. How did this one last so long? BLATANTLY unconstitutional.
post #18 of 321
I think I have to agree with Devin.

I've always thought that God should be nowhere near ANYTHING that's related to government. What place does anything religious have there?

I've always reasoned that there are many people who either do not believe in God, or who do not worship the God that many others do. Well, when you say "Under God" I guess that the God you are referring to can be your own God, but still....it never rang right.
post #19 of 321
Quote:
The Lord God:
That's mighty fucking suspect, people. How did this one last so long? BLATANTLY unconstitutional.
It's great that we're noticing this now. I think it's because we have responsible adults teaching our children real and honest-to-goodness values and morals, such as TOLERANCE and TRUE EQUALITY for all citizens of the United States -- a land that honors and respects free speech and freedom of religion.

Yet, for some reason, why do I suspect many people will call me un-American? Jabba, I'm waiting for you just so I can say, "You don't understand me!" wink

[Freaking edited "intolerace" to "tolerance" -- you're to blame jabba!!!!!]
post #20 of 321
Again, Verbal, you amaze me. Proves my theory even further.....
post #21 of 321
I really really want someone to explain to me the rationale for why God should be in the pledge.

And the idea that this is a Christian nation is a bullshit one, so don't even pull out that hackneyed response. If this country became 75% Hindu next year you wouldn't want Ganesh to be invoked in your pledge.
post #22 of 321
Quote:
Voltes & Keiko's Riddle:
Again, Verbal, you amaze me. Proves my theory even further.....
Tell the others..... wink
post #23 of 321
You know, the more I think about it, the more I realize that God should not be in the pledge. I was just so used to saying it growing up that I never gave it a second thought. But now, after having a little time to reflect on it, I would say noone has the right to tell me what supreme being to believe in. Not that I don't believe in God, But like I tell everyone I know, Just because I don't go to church every Sunday doesn't mean God and I aren't kickin' it watchin' a football game together.
post #24 of 321
Quote:
Rhinestone Cowboy:
I was just so used to saying it growing up that I never gave it a second thought.
That's how it was with me.

And the more and more I think about it, the more I think kids are being brainwashed....
post #25 of 321
I was just talking to my Mom, and she thinks that during the period of time you would be saying the Pledge, there should just be a moment of silence. If someone wants to recite it to themselves, they can. If someone wants to pray, they can. Or if someone wants to stay quiet, they can.
post #26 of 321
Good idea.

Forcing kids to say it is bad in the first place.

Smart mom, you have.
post #27 of 321
Quote:
Tony Ryan:

Smart mom, you have.
Thanks. I've taught her well, I suppose.... wink
post #28 of 321
Thread Starter 
i for one, beleive in the seperation of church and state.

i too believe that my religious beliefs aren't minimal. they are great and they have helped me a lot. i think it's minimizing my faith to put GOD on some bill or pledge. to put the name GOD in a place were people lie and tons of hypocrital stuff goes on is very low for me (i'm referring to putting GOD in courthouses). But, that's just me.

i understand the sacrmaneto man (had to be cali) and his constitutional right(s). but he too has to understand that there are lot of people in this country that are upset with the ruling.

i too understand the 77% that is upset with this ruling. but they too have to understand the freedom of the individual.

i too understand when someone thinks i'm delusional becasue i believe in a jewish carpenter that's lives in the clouds. the individual hasn't been through or experienced what i have.

it's all about understanding each other. . .
post #29 of 321
I'll bet you way fewer than 77% of the people are upset with this.

And even fewer would be upset if someone explained to them why God shouldn't be in the pledge and that they should put something else in that space.
post #30 of 321
Thread Starter 
Quote:
The Lord God:
I'll bet you way fewer than 77% of the people are upset with this.

And even fewer would be upset if someone explained to them why God shouldn't be in the pledge and that they should put something else in that space.
all three polls waver between 69-70%.

btw,

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

If we take GOD (Creator) out of the picture, then who has endowed us with these rights? Man maybe? I hope for our collective souls not, because if these right where given to us by man then what is stopping man from taking those right away?
post #31 of 321
Why does the Constitution need to define who endowed man with jack shit? It's just there for the flowery language.

And 1 dollar and any "of the minute" poll from a news station will get you a cup of coffee. They called 600 people for that "poll" It's garbage.
post #32 of 321
Thread Starter 
Quote:
The Lord God:
Why does the Constitution need to define who endowed man with jack shit? It's just there for the flowery language.
uhm...i don't know, you're the protector of the constitution around here.

btw, it the declaration of independence.
post #33 of 321
I don't think that God belongs in the Constitution either.
post #34 of 321
BTW, oops you're right.

My bad.
post #35 of 321
Quote:
The Lord God:
I don't think that God belongs in the Constitution either.
Or perhaps in messageboard pseudonyms.
post #36 of 321
Thanks for the constructive addition to the thread!
post #37 of 321
Quote:
The Lord God:
Why does the Constitution need to define who endowed man with jack shit? It's just there for the flowery language.
I don't know for sure about that. At that time, it would make sense to declare that God has given you freedom, because then that assumes that England has no right to take it. I don't think they put a lot of flowery crap in there just to make it nice...a lot of thought was put into everything. They probably fought over the wording of that sentence.
post #38 of 321
Quote:
The Lord God:
BTW, oops you're right.

My bad.
First time in two years that you admitted you were wrong about anything.

Hold me... I feel faint.
post #39 of 321
And the flamers arrive...

piranahpictures, you probably have a point - considering that the king of england took his authority from divine right...
post #40 of 321
Affirmation of religious values on a nation's currency is both suspect and undemocratic. The verdict is entirely correct.
post #41 of 321
I should be saving these nuggets.
post #42 of 321
Jabba, this seems to be a move to respect the rights and beliefs of all Americans...How is that the work of Satan?
post #43 of 321
Except that the Constitution says you can't have the government tell you to pledge yourself to God. It's fairly clearcut.
post #44 of 321
Jabba, what about people who don't want to say it? Should they be forced to? And it's agaisnt our freedoms, so that makes no sense. Why should I pledge to god? I don't think he is real.

And your thinking scares me. The whole Majority over Minority thing is just plain bullshit.
post #45 of 321
Thread Starter 
Senators call Pledge decision 'stupid'


WASHINGTON (CNN) --Shortly after a federal appeals court ruled the Pledge of Allegiance unconstitutional, the Senate Wednesday approved a resolution "expressing support for the Pledge of Allegiance" and asking Senate counsel to "seek to intervene in the case."

The resolution passed 99-0.

The Senate resolution came about quickly after lawmakers on both sides of the aisle were outraged as news spread of the decision by the 9th Circuit Court of Appeals. The court ruled the Pledge of Allegiance is an unconstitutional "endorsement of religion" because of the addition of the phrase "under God" in 1954 by Congress.

In an impassioned speech on the Senate floor just before the resolution vote, Sen. Robert Byrd, D-West Virginia, said he is the only remaining member of Congress who voted for the addition of "under God" on June 7, 1954. He warned the judges who declared the Pledge of Allegiance unconstitutional to never come before him because "he'll be blackballed."

"I wonder if that judge would hold the Declaration of Independence unconstitutional," said Byrd.

"I hope the Senate will waste no time in throwing this back in the face of this stupid judge. Stupid, that's what he is."

Meanwhile, House Speaker Dennis Hastert Wednesday said the decision underscores the need for the Senate to confirm "some common sense jurists."

In a statement, Hastert said:

"Obviously, the liberal court in San Francisco has gotten this one wrong. Of course, we are one nation, under God. The Pledge of Allegiance is a patriotic salute that brings people of all faiths together to share in the American spirit.

"I strongly believe that parents, teachers and local schools should encourage children to recite the pledge to start the day, the same way those of us in Congress begin our daily business, (and) not allow a liberal judge to take it away. It's time for the Senate to move forward and confirm some common-sense jurists."

At one point late Wednesday, about 100-150 House members, mostly Republicans, gathered on the steps outside the Capitol and recited the Pledge of Allegiance in a show of support.

The Senate resolution was pushed quickly to the floor by Majority Leader Tom Daschle, D-South Dakota, with the backing of Sen. Trent Lott, R-Mississippi.

Of the court's ruling, Daschle said, "This decision is nuts."

Lott concurred: "This is obviously an unbelievable decision, as far as I am concerned, and an incorrect ruling and a stupid ruling."
post #46 of 321
I heard the judge was a Nixon appointee.

Also, none of these Senators seem able to give a good reason why God should be in there. I mean, what's the big deal with taking God out?
post #47 of 321
Quote:
nelson:

btw,

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

If we take GOD (Creator) out of the picture, then who has endowed us with these rights? Man maybe? I hope for our collective souls not, because if these right where given to us by man then what is stopping man from taking those right away?
Yes, but "their Creator" doesn't specify Jehovah or God or Yahweh or Allah. It's fairly non-specific.

And the key point to remember here is that the court did not declare the Pledge itself unconstitutional, but the requirement of saying it in public, tax-supported institutions.

And here's the biggest irony for me -- these religious people who decry this decision against swearing allegiance to a piece of cloth seem to be forgetting the Commandment telling them not to worship graven images before God himself.
post #48 of 321
There was news tonight of a call for the impeachment of the judges from the ninth circut court of appeals, that voted for this complete garbage ruling. Something like 75 percent of Americans polled are against this ruling. Throwing out some Federal Judges for being complete dumbasses, seems like a wonderful thing to me. What a great idea from some senator seeking to gain more popularity. I think the Judges, who think THEY are the law, better starting looking for a good law firm to go back to work for. I can see this becoming something very good, rising out of a idiotic ruling.

I am sure we'll be hearing more about this in the coming months.
post #49 of 321
Quote:
And here's the biggest irony for me -- these religious people who decry this decision against swearing allegiance to a piece of cloth seem to be forgetting the Commandment telling them not to worship graven images before God himself.
Not "swearing" allegiance to the piece of cloth.

It is "pledging" allegiance to "The Republic For Which It Stands".

Read the damned thing before making such comments.
post #50 of 321
Quote:
Nasty Ol' Will:
There was news tonight of a call for the impeachment of the judges from the ninth circut court of appeals, that voted for this complete garbage ruling. Something like 75 percent of Americans polled are against this ruling. Throwing out some Federal Judges for being complete dumbasses, seems like a wonderful thing to me. What a great idea from some senator seeking to gain more popularity. I think the Judges, who think THEY are the law, better starting looking for a good law firm to go back to work for. I can see this becoming something very good, rising out of a idiotic ruling.

I am sure we'll be hearing more about this in the coming months.
Will, do you mind explaining WHY this is a garbage ruling?
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