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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: Borges
The fact that this ruling banned the Pledge being recited entirely is interesting. This is in fact something of an exercise of judicial restraint or Procedural Due Process. If the Judge was acting on the principal of Substantive Due Process then he would instructed the specific change in the Pledge that would make it palatable. But the headline would have been less imflammatory (Judge Orders Change in Pledge)It's an interesting contradiction in this case. Legal Eagles?
I suspect that Newdow neglected to challenge the 1954 law again. The judge wouldn't be able to consider its Constitutionality in that case. He'd have to accept the Pledge as it stands.

Newdow's an asshat. I suspect his standing was dismissed to get him to go away, and let competent attorneys bring the case.

-Eric

321 posted on 09/14/2005 12:32:17 PM 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: MineralMan
The only reason why we fell to sKerry in 2004 was because of the voter fraud in Philthadelphia.

Thanks fast eddie.
322 posted on 09/14/2005 12:32:59 PM PDT by WakeUpAndVote (Member of the Vast Right Wing Conspiracy since 1992!)
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To: appalachian_dweller
Your Welcome, but since the one that understood was a blonde chick from Jersey, you may want to run and hide now!
323 posted on 09/14/2005 12:33:19 PM PDT by Jersey Republican Biker Chick (People too weak to follow their own dreams, will always find a way to discourage yours.)
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To: Happy2BMe
Good point.

Since some are calling for earthquakes and destruction of California after a judge makes an asinine ruling, shall we wish for death and destruction of Washington D.C. since they basically have refused to secure our borders? Not to mention Federal rulings regarding Eminent Domain etc, etc etc.

Sheesh!

324 posted on 09/14/2005 12:33:26 PM PDT by Black Tooth (The more people I meet, the more I like my dog.)
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To: Jersey Republican Biker Chick

>> but since the one that understood was a blonde chick from Jersey, you may want to run and hide now! <<

LOL!!


325 posted on 09/14/2005 12:36:49 PM PDT by appalachian_dweller (Get Prepared. Stay Prepared. See my FR Homepage for a list of actions and supplies.)
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To: xzins

I thought the ruling was kids can't be forced. They are not forced to participate.


326 posted on 09/14/2005 12:37:15 PM PDT by moehoward
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To: nov7freedomday
WTF???  This is OUR country!!!  Who is this POS to say this?

And this guy is out there making legal decisions?

Where the h*ll is MY country?  This is a slap in the face to everyone who fought and/or died for while serving our military.  This PC, anti-American crap is getting out of hand.

327 posted on 09/14/2005 12:38:43 PM PDT by softwarecreator (Facts are to liberals as holy water is to vampires.)
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To: Happy2BMe
"The President can appeal to Congress and the American People to ratify the Constitution to protect the Pledge of Allegiance."

Yes he can, and probably did. Again, Constitutional Amendments are difficult to come by.
328 posted on 09/14/2005 12:39:18 PM PDT by Smartass (Si vis pacem, para bellum - Por el dedo de Dios se escribió)
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To: nov7freedomday

Every state in the Union has a constitution each constitution has a preamble and every preamble mentions God, so, do we have to change those also?

I think it is time to have civil disobedience and recite the pledge anyway.


329 posted on 09/14/2005 12:40:08 PM PDT by Burlem
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To: West Coast Conservative
More info here!
330 posted on 09/14/2005 12:40:44 PM PDT by Jay777 (My personal blog: www.stoptheaclu.com)
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To: Borges

"In God we trust" was officially approved in the Coinage Act of April 22, 1864.


331 posted on 09/14/2005 12:43:53 PM PDT by TaxRelief (follow the money...)
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To: Congressman Billybob

Thank you! I respect your opinion and am glad to hear you say this.


332 posted on 09/14/2005 12:44:36 PM PDT by PatriotGirl827 (God Bless America and Our Troops !)
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Comment #333 Removed by Moderator

To: softwarecreator
WTF??? This is OUR country!!! Who is this POS to say this?

And this guy is out there making legal decisions?

Where the h*ll is MY country? This is a slap in the face to everyone who fought and/or died for while serving our military. This PC, anti-American crap is getting out of hand.

Whoa, calm down. Yes, this is our country. That includes you, me, and everyone else. Not everyone agrees with you.

The guy making legal decisions is a federal judge. Whether you like his decision or not, he is qualified.

I don't think its a slap in the face to anyone, except maybe the people who added 'under God' to the pledge in the 1950s.

FYI - The pledge was written by a socialist and people used to also do Nazi-type arm salutes when saying it.

334 posted on 09/14/2005 12:46:20 PM PDT by conserv13
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To: CondorFlight

Excellent point. Hypocrisy comes so naturally to the left, doesn't it?


335 posted on 09/14/2005 12:48:24 PM PDT by Blowtorch
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To: xzins
That is a formal way of recognizing a deity. In fact, it indicates the Lord's coming was part of their worldview.

"In the year of our Lord" is just the english translation of "Anno Domini" or AD. By your logic, anyone who ever used AD or BC to specify a date is recognizing a deity.

336 posted on 09/14/2005 12:48:36 PM PDT by JeffAtlanta
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To: neverhome

Several other "goals" are in play at the same time. I believe that is the reason for the vitriol aimed at PRESIDENT Bush. He appears to be unraveling some of their accomplishments and they are in panic mode.


337 posted on 09/14/2005 12:49:42 PM PDT by Just A Nobody (I - LOVE - my attitude problem !)
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To: nov7freedomday
It will not be long until they rule the government unconstitutional and replace it with socialism or communism. The FAA has a training plan for all employees to be trained in the Constitution. Surprise! Surprise!
338 posted on 09/14/2005 12:52:55 PM PDT by mountainlyons
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To: appalachian_dweller; E Rocc
There is the 10th Amendment that says any power not explicitly given to the federal gov't is reserved to the states or to the people. Are you saying that while the Feds cannot prohibit prayer, the states can?

The 14th amendment and subsequent incorporation decisions by the supreme court undid a lot of the state's powers to bypass the bill of rights. While the Bill of Rights originally only applied to congress, most of them have been incorporated to apply to any government.

339 posted on 09/14/2005 12:55:07 PM PDT by JeffAtlanta
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To: Justanobody
I believe that is the reason for the vitriol aimed at PRESIDENT Bush. He appears to be unraveling some of their accomplishments and they are in panic mode.

What has he done to unravel any of the socialist goals? He is the probably the most liberal republican president ever.

340 posted on 09/14/2005 12:57:02 PM PDT by JeffAtlanta
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