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Fox News Just Said Federal Judge says Pledge "Un-Constitutional"

Posted on 09/14/2005 11:02:25 AM PDT by nov7freedomday

Just heard on top of the hour on Fox News Radio


TOPICS: Breaking News; Culture/Society; Government; Politics/Elections; US: California
KEYWORDS: 9thcircuit; americanflag; antiamerican; antitheist; churchandstate; constitution; flag; government; judicialactivism; newdow; ninthcircuit; pledge; ruling; schools; unconstitutional; undergod
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To: Leapfrog

Wasn't the 'In God We Trust' put on currency at the same time as Under God was put in the Pledge?


141 posted on 09/14/2005 11:31:16 AM PDT by Borges
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To: Tolkien

"Can somebody de-fund the ACLU? They get all their money by federal statute. If "Congress" would change the laws concerning civil rights cases, we could severely cripple the ACLU."

Actually, they don't. They get some court-paid fees in some cases. Most of their money, however, comes from private donations. There's no way to stop that. As much as I dislike the ACLU, there is no legal way to bar them from their activities.


142 posted on 09/14/2005 11:31:30 AM PDT by MineralMan (godless atheist)
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To: Borges
"Besides no one is stopping anyone from saying 'Under God' if they choose. The state just can't tell you to do so."

The irony is that during public recitations, the unanimity of the Pledge breaks down with the word "indivisible".

-Eric

143 posted on 09/14/2005 11:32:25 AM PDT by E Rocc (Anyone who thinks Bush-bashing is banned from FR has never read a Middle East thread.)
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To: katieanna

according to Judge Napalitano on foxnews... he got two other families that have kids in school that object to the pledge to go to court with him he is acting as legal for them...

still sick and he'll still loose.


144 posted on 09/14/2005 11:32:47 AM PDT by Americanwolf (U.S. Navy Veteran.....93-97 Clinton I want my trip to Australia! I had to go to China you pervert!)
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To: E Rocc
Article VII

The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same.

Done in convention by the unanimous consent of the states present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty seven and of the independence of the United States of America the twelfth. In witness whereof We have hereunto subscribed our Names,

I don't think they were thinking of the Flying Spaghetti Monster.

145 posted on 09/14/2005 11:33:15 AM PDT by bahblahbah
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To: MineralMan

Is there a public list of ACLU donors?


146 posted on 09/14/2005 11:33:22 AM PDT by Rosemont
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To: nov7freedomday

I just heard on the radio that the judge claimed he was bound by the precedent of the 9th Circuit in making his ruling - but that makes no sense, since that case was dismissed by the U.S. Supreme Court.


147 posted on 09/14/2005 11:33:31 AM PDT by Republican Wildcat
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Comment #148 Removed by Moderator

To: Rosemont

"Is there a public list of ACLU donors?"

I have no idea. You'd have to ask the ACLU. I'm sure they have such a list. I'm equally sure that they're not going to give it to you. If, however, you are a marketing firm, you might be able to buy it.


149 posted on 09/14/2005 11:34:33 AM PDT by MineralMan (godless atheist)
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To: Republican Wildcat

Here is an article from NewsMax

SAN FRANCISCO -- Reciting the Pledge of Allegiance in public schools was ruled unconstitutional Wednesday by a federal judge who granted legal standing to two families represented by an atheist who lost his previous battle before the U.S. Supreme Court.

U.S. District Judge Lawrence Karlton ruled that the pledge's reference to one nation "under God" violates school children's right to be "free from a coercive requirement to affirm God."

Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools.

http://www.newsmax.com/archives/articles/2005/9/14/140826.shtml


150 posted on 09/14/2005 11:35:05 AM PDT by stan_25 (If you can’t run with the big dogs, stay on the porch)
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To: Republican Wildcat
What a Month. Lawful gun owners have their firearms confiscated and the pledge is ruled unconstitutional.
151 posted on 09/14/2005 11:35:20 AM PDT by handy (Forgive me this day, my daily typos...The Truth is not a Smear!)
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To: Minnie Pearl
Image hosted by Photobucket.com
152 posted on 09/14/2005 11:35:33 AM PDT by b4its2late (FOOTBALL REFEREES: It's tough playing with us, but you can't play the game without us.)
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To: nov7freedomday
WHAT!
153 posted on 09/14/2005 11:35:37 AM PDT by DBeers (†)
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To: bahblahbah
Done in convention by the unanimous consent of the states present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty seven and of the independence of the United States of America the twelfth. In witness whereof We have hereunto subscribed our Names,

There's no record of that section being discussed by the Convention. It's believed to have been added by a scribe, after the fact.

It would have been quite easy, had the Framers been so inclined, to include a nod towards a preferred Deity in the Preamble. They didn't do so.

-Eric

154 posted on 09/14/2005 11:35:52 AM PDT by E Rocc (Anyone who thinks Bush-bashing is banned from FR has never read a Middle East thread.)
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To: AGreatPer

Yeah, that's good. Or this:

"One Nation, under judgement, with liberty and justice forestalled."


155 posted on 09/14/2005 11:36:14 AM PDT by HKMk23 (Favorite movie of the MSM -- "Hatriot Games")
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To: Republican Wildcat
LOL. What an inopportune time. The Democrats just can't win. This will put momentum for an even more conservative nominee to replace O'Connor.

Bingo

156 posted on 09/14/2005 11:36:14 AM PDT by Uncledave
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To: CondorFlight
I guess 'stare decisis' ('a thing decided'), has no weight at all when it comes to traditional practices.

How ironic, considering that the judge in question relied precisely on 'stare decisis' to make his ruling, relying on the precedent set by the 2002 court on this very matter.

Personally, I think this is a good thing. The government has no business forcing children to recite such a patently nationalistic oath anyway, and to compound it by coercing acknowlegement of a religious entity just makes it worse.
157 posted on 09/14/2005 11:36:17 AM PDT by saFeather
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To: E Rocc

What is absolutely riduculous is your assumption revolution requires guns.

Do NOT infer I am speaking of armed rebellion.

Rebellion in form of pulling their children out of schools and voting the politicians out that put these judges in? Yes.

Defying the Court and continuing to speak the pledge in schools? Oh yes, that WILL happen.


158 posted on 09/14/2005 11:36:47 AM PDT by Soul Seeker (Barbour/Honore in '08)
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To: Tequila25

This is exactly what we should be fighting for because the American people overwhelmingly are on the side of keeping the pledge the way it is.


159 posted on 09/14/2005 11:37:16 AM PDT by rwfromkansas (http://www.xanga.com/home.aspx?user=rwfromkansas)
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To: BlessedByLiberty

RE: Rovian...

hehehehe. I want bush to nominate Janice Rogers Brown for O'Conner's spot.


160 posted on 09/14/2005 11:37:27 AM PDT by Truth Table
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