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9TH CIRCUIT COURT: PLEDGE OF ALLEGIANCE IS UNCONSTITUTIONAL
Fox News ^

Posted on 06/26/2002 11:25:21 AM PDT by Recovering_Democrat

UNBELIEVABLE. BREAKING ON FOX: SF APPEALS COURT SAYS PLEDGE OF ALLEGIANCE ENDORSES RELIGION, AND IS THEREBY UNCONSTITUTIONAL.


TOPICS: Announcements; Breaking News; Constitution/Conservatism; Culture/Society; News/Current Events; US: Alaska; US: Arizona; US: California; US: Hawaii; US: Idaho; US: Montana; US: Nevada; US: Oregon; US: Washington
KEYWORDS: 9thcircuitcourt; michaeldobbs; pledgeofallegiance; unconstitutional
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To: maui_hawaii
The basic tenet of the foundation of the US was for religious freedom, whether you are Baptist, Methodist, Catholic, Muslim, whoever, this nation was set up for people to worship how they want.
It's claimed by many that atheism is a religion, and therefore deserves no more consideration than other faiths in the legal arena. I would agree with that assessment. A public school may not have an Athiests Club if it disallows other religious groups, and vice versa.

You can't have it both ways though. If atheism is a religion, then belief in God is also a "religion", and the words "One Nation Under God" are a religious affirmation.

-Eric

1,341 posted on 06/27/2002 9:51:00 AM PDT by E Rocc
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To: mhking
That is incorrect - contrary to popular belief, the pledge is not a pledge to God. The phrase "under God" is a phrase that describes the nation.
Describing the nation as being subordinate to God is very much a religious assertion. If one is pledging allegiance to the Nation, and the Nation is subordinate to God, then.....

-Eric

1,342 posted on 06/27/2002 9:53:12 AM PDT by E Rocc
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To: E Rocc
If atheism is a religion, then belief in God is also a "religion", and the words "One Nation Under God" are a religious affirmation.

Religious affirmations are not unconstitutional, not even when made by Congress (who are only prohibited from making laws establishing religion, or laws prohibiting the free exercise thereof. They're also the only body prohibited from doing so by the BOR.). An affirmation is not an establishment.

1,343 posted on 06/27/2002 9:57:29 AM PDT by hellinahandcart
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To: hellinahandcart
Oops, forgot to close tag :(
1,344 posted on 06/27/2002 9:58:43 AM PDT by hellinahandcart
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To: Dimensio
I dont want any theistic religion being lobbied to me either. Id be more than happy to comprimise on this and simply take the words out, however I think there are other issues.

If you could be so kind as to define what constitutes a "formal setting",

The official use of oaths, pledges and national symbols by the public. For one example, we obviously cant display Canada's flag in an official or "formal" setting as representing our national symbol in either a school or political setting. I can pledge allegiance to the magic pop can if I want to, but it doesnt make it the official pledge of this country.

Take the God words out, put them back in, I dont care, doesnt bother me. But this is one less national symbol we have

I simply tend to see this as part of a broader picture attempting to broach American narrative, and by extension weaken our soverignty. This may help you understand where Im coming from a little bit better. In it, John O'sullivan outlined 6 points used to weaken a nations principles of soverignty. One of them was the de-constructing and re-constructing the self- understanding of America.

Out of interest for the country I tend to feel this is not a good thing to have happening when looking at the larger picture. It adds nothing positive and instead takes away weakening us as a nation.

1,345 posted on 06/27/2002 9:59:17 AM PDT by cascademountaineer
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To: Hemingway's Ghost
You fit in perfectly with those who spin away our Second Amendment rights.
1,346 posted on 06/27/2002 10:01:12 AM PDT by DrCarl
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To: cascademountaineer
"Ron, is the pledge voluntary? Yes or No. Very simple."

What does it being voluntary or not have to do with it? The premise of the lawsuit had nothing to do with whether or not the child involved said the Pledge herself.
1,347 posted on 06/27/2002 10:04:48 AM PDT by RonF
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To: Hemingway's Ghost
"Take away God, and the Constitution is meaningless."

The Preamble for the Constitution states:

"We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. "

These are the principles on which the justification for the existence of the Constitution is based. God is not invoked. Earlier documents that invoke God are not referenced. God is not mentioned in the Constitution. The only authority mentioned, or apparently needed, are "We the People". So, I don't see the logic of your statement.
1,348 posted on 06/27/2002 10:10:18 AM PDT by RonF
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To: DrCarl
You fit in perfectly with those who spin away our Second Amendment rights.

Care to say exactly why, Doctor, or do you just want to throw bricks back and forth?

1,349 posted on 06/27/2002 10:12:27 AM PDT by Hemingway's Ghost
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To: floriduh voter
The Ten Commandments are not "worthy" of the American people. They "someone might be offended" and we are not offensive people.

The Nativity may no longer be displayed on "public" property. Such behavior is not worthy of the American people. "Someone might be offended" and we are not offensive people.

The American flag is no longer allowed to be displayed in many public schools and colleges. Desplaying such a "divisive" icon is not worthy of these institutions, who are mostly American people. "Someone might be offended."

In fact, in the weeks following 9-11, many "objective journalists" refused to wear the small red, white and blue pins the rest of us in America wore...because such a display is unworthy of "objective" American journalists....and "someone might be offended".....

The portraits of the founding fathers of our country are no longer displayed in many public buildings, because it's been over two centuries since they founded this country, and they did mean things, like some of them owned slaves. America is above that stuff now, and these "old dead guys" may "offend" someone. The list can go on and on.

"Offend"..."Oddended"...."Offensive" ...the most overused words of the past decade, and the new Third Way/Third Reich keyward signifying the distruction of this country by the enemies of freedom...finally, after all these years, it looks like they are succeeding.

"...awards and posters, but also displays in an eloquent way every manner of national Kitsch. One an hardly believe what money-hungry fantasies have brought to the market. Thank God, such "citizens" are called too account by the watchful eye of National Socialist [THIRD WAY] propagandists. The display provides an educational display of what decorations and goods are worthy of the German [AMERICAN] people, and which are not."

Source: 14 Days in a Gau Propaganda Office --August Sill

1,350 posted on 06/27/2002 10:13:33 AM PDT by cake_crumb
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To: RonF
Search on my handle and read some of my other posts. I'm sick of typing it.
1,351 posted on 06/27/2002 10:13:56 AM PDT by Hemingway's Ghost
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To: RonF
What does it being voluntary or not have to do with it?

Everything.

This has also already been covered btw, scroll up.

1,352 posted on 06/27/2002 10:14:48 AM PDT by cascademountaineer
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To: E Rocc
I think the Pledge begs the question: Is the Constitution a pact between the governments of the States -*or*- the People of the States. In short, is there truly an interface between the individual and the Fed other than through his State government. Is there a direct obligation on part of the individual to Fed.gov. that neccessitates the underlying meaning of the Pledge.

Baldly- are we citizens of our state or 14th Amendment citizens?

1,353 posted on 06/27/2002 10:15:30 AM PDT by mindprism.com
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To: E Rocc
As the government of the United States of America is not in any sense founded on the Christian Religion--as it has itself no character of enmity against the law, religion or tranquility of Musselmen [Muslims]

How can "context" make that statement into anything other than what it is?

Read the quote. "Character of emnity" is the main point, and a more clear (to modern ears) description of the relevant part of "founded on Christian Religion" as would be seen by the Sultans and Beys. The context at issue is the relationship betweeen the European nations and the Muslim nations. Much of the correspondence of the time refers basically to a continuation of the Crusades from the Muslim nations point of view - this continuation being the basis for the tributes most European nations paid to be excepted from the piracy (Under which the colonies had been part of Britain's protection until Britain recognized the Colonies independence)..

The more full quote: “Article 11. As the government of the United States of America is not in any sense founded on the Christian Religion,--as it has in itself no character of enmity against the laws, religion or tranquility of Musselmen,--and as the said States never have entered into any war or act of hostility against any Mehomitan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries

By the way, good job getting the signer right. Most erroneously attribute it to George Washington, since the treaty was made during his second term - forgetting that it didn't arrive to be ratified until after Washington left office.

Some semi-relevant commentary: “Note Regarding the Barlow Translation. The translation is that of Barlow as written in the original treaty book, including not only the twelve articles of the treaty proper, but also the receipt” (p. 383).

“It is to be remembered that the Barlow translation is that which was submitted to the Senate . . . and which is printed in the Statutes at Large and in treaty collections generally; it is that English text which in the United States has always been deemed the text of the treaty.

“The Barlow translation is at best a poor attempt at a paraphrase or summary of the sense of the Arabic . . . . Most extraordinary (and wholly unexplained) is the fact that Article 11 of the Barlow translation, with its famous phrase, ‘the government of the United States of America is not in any sense founded on the Christian Religion,’ does not exist at all [in the Arabic]. There is no Article 11 [in the Arabic]. The Arabic text which is between Articles 10 and 12 is in form a letter, crude and flamboyant and withal quite unimportant, from the Dey of Algiers to the Pasha of Tripoli. How that script came to be written and to be regarded, as in the Barlow translation, as Article 11 of the treaty as there written, is a mystery and seemingly must remain so. Nothing in the diplomatic correspondence of the time throws any light whatever on the point.

1,354 posted on 06/27/2002 10:19:05 AM PDT by lepton
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To: mc5cents
Else many of the states at the time would not have signed on to a national governmenet.

Absolutely they wouldn't. Part of the debate was whether a National Church would supplant such enteties as Maryland's State Church.

1,355 posted on 06/27/2002 10:24:01 AM PDT by lepton
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To: E Rocc
Did this mean that they had renounced Christianity? No. Just its role in government

Even this is a gross overstatement. The emphasis was in not allowing a church to enforce sectarian edicts. Even those who were Deists would not and did not take the stand that Christianity had no place in government.

Maybe not, but a Christian did:

Who does not see that the same authority which can establish Christianity in exclusion of all other religions may establish, with the same ease, any particular sect of Christians in exclusion of all other sects? That the same authority which can force a citizen to contribute threepence only of his property for the support of any one establishment may force him to conform to any other establishment in all cases whatsoever?

That is hardly a renunciation of any role in government. It is a renunciation of types of Establishment of a government church - which at least at the Federal level - is not what is being debated.

1,356 posted on 06/27/2002 10:29:22 AM PDT by lepton
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To: cake_crumb
The Ten Commandments are not "worthy" of the American people. They "someone might be offended" and we are not offensive people.

Yet the religious Seven Noahide Laws are *it seems* 'worthy', and have been recognised as "the historical tradition of ethical values and principles which are the basis of civilized society and upon which our great Nation was founded" AND "these ethical values and principles have been the bedrock of society from the dawn of civilization" --- by the Federal government and the Bush administration.

Ever heard of these laws? Can you EVEN find them in the Bible? (If they cannot be found in the Bible, then how is that fact consistant with the 'Judeo-Christian' ethic our country was founded on??) Is a resolution of Congress recognising them a violation of Amendment 1 when the Very First of these laws prohibits idolatry?? And others prohibit 'adultry' or 'improper relations'?

1,357 posted on 06/27/2002 10:30:47 AM PDT by mindprism.com
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To: cascademountaineer
"This has also already been covered btw, scroll up."

I have read those posts. I find them non-persuasive. There's nothing in either the complaint, or the opinion, that says that the PoA being voluntary matters.

Think about the Miranda case, where police now have to warn defendants of their rights. People were making completely voluntary statements to the cops, but the Supremes held that just being in custody had the appearance of being coercive, and that a remedy had to be applied to combat that. Now a father says that despite the fact that reciting the PoA in a public school setting is voluntary, the fact that she even had to hear it means that she's being preached to (I obviously paraphrase) by the State. He said that's wrong. The court agreed. It's got nothing to do with what the young girl said or didn't say.

Now, you may think this is wrong, but these are the facts of the case. The Supremes may have another opinion, we'll see. And it WILL end up in front of the Supremes. Illinois has a similar law, and a similar suit was turned down by the 7th Court of Appeals. The Supremes always take a case when two or more CoA's disagree on an issue.
1,358 posted on 06/27/2002 10:36:04 AM PDT by RonF
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To: mindprism.com
"(If they cannot be found in the Bible, then how is that fact consistant with the 'Judeo-Christian' ethic our country was founded on??)"

Might be from the "Judaeo" part....though the Rebbe seems ultra-Orthadox to the point of serious religious extremism. While my grandfather was Jewish, he eventually converted to Catholicism. Personally, I'm a generic Christian. In other words, I don't even know who the Rabbi Menachem Mendel Schneerson is.

1,359 posted on 06/27/2002 10:56:29 AM PDT by cake_crumb
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To: Dimensio
Yes, but isn't a lack of belief still a belief that no God exists?
1,360 posted on 06/27/2002 10:59:13 AM PDT by Jzen
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