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Supreme court separation of church and state
Supreme court separation of church and state
Analysis of the pledge of allegiance
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The True Influence of the Pledge of Allegiance. "One nation, under God, indivisible, with liberty and justice for all," reads the Pledge of Allegiance, the recitation of which American citizens know by heart. The word "pledge" literally means 'a promise.' Now, this "promise" that American citizens are expected to make every day has been controversial for years, more so now than ever. This controversy is two words: "under God." Since religious freedom is guaranteed in the Constitution, forcing citizens and institutions governed by the Constitution to unify themselves through God (with a capital G) is unconstitutional, and violates religious rights. For not everyone follows one god, and this is part of the beauty of freedom. But are we ever However, several people misuse reference of the Establishment Clause of the Constitution. The clause actually guarantees that government can neither enforce nor protect people from practicing religion; they must remain impartial. Notice that there is a fine line between government and morals. Officials, and citizens in general, must take note that forcing students with malleable minds to pledge allegiance to their country under a deity which goes against their religious beliefs is completely morally corrupt. The opposing side will repeatedly bring this up, but their argument is incredibly easy to refute. Another argument brought up, as eloquently put by Steven G. Gey of Florida University is as follows: "the religious component of the Pledge has so little religious significance that it does not rise to the level of an Establishment Clause violation" (Gey, Steven G.). Once again, this is a matter of morals. While the pledge may have little religious significance, it does have religious significance—something which should be heavily prohibited. For these reasons the opposing side's argument is incorrect, and the use of "under God" in the pledge is truly unjust toward citizens of the United
The Supreme Court case in Elk Grove Unified School District v. Newdow result in a unanimous ruling that the phrase “under God” may remain in the Pledge of Allegiance as narrated in public school classrooms. The court made the decision because the atheist father did not have grounds to sue the school district on behalf of his daughter. While the ruling was made on the Flag Day, it did not meet the clear endorsement of the constitutionality of the pledge as sought by President Bush and leaders of Republican and Democratic Parties in Congress. Notably, the eight judges who participated in the case had voted to turn over a federal appeals court decision in 2003 that would have prohibited the use of the phrase in public schools as an infringement of the constitutional outlaw on state-sponsored religion. A majority of these justices i.e. five made that ruling on procedural grounds in which Michael A. Newdow, the atheist, did not have legal reasons to sue the school district (Lane, 2004).
In the 2008 the United States Census Bureau, Self-Described Religious Identification of Adult Population, The Christian faith proved to be the more dominating religion out of all religions. So it would seem the words “Under God” would be beneficial for the majority, the Pledge of Allegiance allures and supports the loyalty of the majority of citizens. The nonbelievers of religion have had the right to not recite the pledge since 1943 but have been asked to quietly stand while the believers recite the pledge in its entirety. Even though leaving out “Under God” is not a difficult task we can clearly see a division has now developed, opposite of bringing the people together. Another example that shows the pledge allures and supports a loyalty to the majority of citizens, the acceptance and encouragement to keep ...
A popular notion among many religious conservatives is the rejection of what is commonly referred to as the separation between church and state. They maintain the United States was founded by leaders who endorsed Christian principles as the cornerstone of American democracy, and that the First Amendment prohibition against government establishment was not intended to remove religion from public life. As a result, a number of disputes have made their way through to the courts, pitting those ready to defend the wall of separation, against those who would tear it down. Two recent cases have brought this battle to the forefront of political debate. The first involves an Alabama Supreme Court justice, who, in defiance of a Federal judge, fought the removal of a granite display of the Ten Commandments from the rotunda of the state courthouse. Also, a California man has challenged the constitutionality of the phrase “under God” in an upcoming Supreme Court case involving student recitation of the pledge of allegiance.
Every morning over 75 million students around the nation recite the Pledge of Allegiance verbatim (Digest of Education Statistics). If one walks up to one of these students and asks them about the meaning and the origin of this pledge, what would they say? Nothing. However, even though more than a million students recite these words every day, not more than half probably know the true meaning behind these words. One cannot deny the fact that most of these children just want to get this pledge “over with” to continue talking to their peers. The Pledge of Allegiance has gone through several changes since Francis Bellamy, a Baptist minister, wrote it in 1892. The pledge acts as a source of patriotism, national pride and controversy. The statement, “under God” has caused much controversy and has created a distinct line between the supporters and non supporters of the pledge. America, which famously provides one with true equality, ironically has a pledge that goes against its doctrine and foundations. The changes that occur throughout the years to the pledge that results in its undeniable controversy and losing value. The adjustments lead to the pledge’s undeniable ambiguity and the nation should revert to its previous 1924 pledge.
1. In the First Amendment, the clause that states “Congress shall make no law respecting the establishment of religion” is based on the Establishment Clauses that is incorporated in the amendment. This clauses prohibits the government to establish a state religion and then enforce it on its citizens to believe it. Without this clause, the government can force participation in this chosen religion, and then punish anyone who does not obey to the faith chosen. This clause was in issue in a court case mentioned in Gaustad’s reading “Proclaim Liberty Throughout All the Land”. March v. Chambers was a court case that involved the establishment clause. Chambers was a member of the Nebraska state legislature who began each session with prayer by a chaplain who was being paid the state. The case stated that this violated the Establishment Clause of the First Amendment. However, the court stated that the establishment clause was not breached by the prayer, but was violated because of the fact that the chaplain was being paid from public funds.
Gwen Wilde wrote an essay on “Why the Pledge of Allegiance Should be Revised.” In this essay, Gwen believes that the words “under God” should be removed from the Pledge of Allegiance. Gwen informs us that the original Pledge did not include “under God” and the words were not added until 1942, therefore, the words can easily be removed. Although some changes have been made to make it clear that the Pledge of Allegiance is for the United States Gwen believes that the words “under God” do not show any support for our country and only make those who do not believe in God feel uncomfortable. Therefore, Gwen believes that “under God” is not appropriate for the Pledge and does not show that we are a Nation that is “indivisible.”
The Pledge of Allegiance has become a major issue for students, teachers, parents and lawmakers. The original intention of the pledge was not to stir up trouble, but for a celebration of Christopher Columbus discovery of the new world. The pledge is no longer thought of as a celebration, but an infringement on children's religious beliefs. Do you believe that children's rights are being infringed on? Some people believe that the pledge is a great honor for our country. It has shown, and provided us with great pride just like our American flag. The Pledge of Allegiance being recited in the public school system does not infringe on the students religious beliefs, but is a way for us to honor our country and everything that we have done to get to this point in history.
The pledge of allegiance violates the Establishment Clause of the First Amendment to the United States Constitution. I believe that the pledge is mismatched with democracy and freedom which suggest that pledges of allegiance are features of dictatorial states like Nazi Germany.
There is a two word phrase in a thirty-one word sentence that has caused one of the largest debates in the U.S. history. The wording of the Pledge of Allegiance has been debated since the phrase “under God” was added in 1954. It was on Flag Day in 1954 that President Eisenhower and congress changed the phrase “one nation indivisible” to “one nation, under God, indivisible" (Haynes, Chaltain, and Glisson 154). The Knights of Columbus had urged the change to make it different than similar pledges that were recited by “godless communists” (O’Connor 1). Congress had also believed that it was consistent with the religious roots of the country at the time (Haynes, Chaltain, and Glisson 154). Ever since that day in 1954 there has been controversy whether the phrase “under God” should be incorporated into the Pledge of Allegiance. The Pledge of Allegiance was originally written and published in 1892 without the phrase “under God”. Since then the Pledge of Allegiance has been a significant pledge that children have recited in schools all across the U.S. each and every day. At one, time, refusing to salute the flag would result in expulsion, loss of friends, and even persecution (Haynes, Chaltain, and Glisson 152). The Pledge of Allegiance should continue to be recited in schools across the country, yet the phrase “under God” should be optional because it may conflict with some people’s religious beliefs, some people find it to be unconstitutional, and some people think that church and state should be kept separate.
Many students all across America stand and salute to the flag every morning and repeat these words, “I pledge allegiance to the flag of the United States of America, To the republic for which it stands, one nation, Under God, Indivisible, with liberty and justice for all.” There are controversy behind these words of historical allegiance, and that is why many people are refusing to stand for the pledge. This nation was founded upon freedom and liberties, and with those liberties comes with the freedom to choose your religion. The words “Under God”
Before analyzing the above described controversy, we must first examine the history of the Pledge itself. Written by Francis Bellamy, it was originally titled the “Pledge to the Flag” and was created in the late 1800’s to celebrate the 400th anniversary of the discovery of America. It originally read: “I pledge allegiance to my Flag and to the republic for which it stands, one Nation, indivisible, with Liberty and Justice for all” (McCarthy, 2005). Changes were later made to include the words “of the United States” and “of America” to indicate which flag was being referenced. The final changes to the Pledge came in 1954 when it officially became titled the “Pledge of Allegiance” and the words “under God” were added after “one nation.” This addition to the Pledge was meant to support the United States as a religious nation. While signing the law to put this change into effect, President Eisenhower said, “In this way we shall constantly strengthen those spiritual weapons which forever will be our country’s most powerful resource in peace and war” (McCarthy, 2005).
The case Elk Grove Unified School District versus Newdow came about when a student parent, Michael Newdow, an atheist, has a disagreement with the Pledge of Allegiance. Elk Grove Unified School District is a public elementary school where teachers begin the day by reciting the Pledge of Allegiance, but it is considering being voluntary. Under California law, all elementary schools must recite the Pledge of Allegiance once a day unless those student object due to their religion. As stated before, in 1954 the Congressional Act added the words “under God” to the Pledge of Allegiance. Michael Newdow took it upon himself to review the School District policy referring to the religious portion. This caused Michael Newdow to sue in the federal district court in California, stating making students listen to the Pledge of Allegiance, even if the students do not choose to participate to the word “under God” violates the establishment clause of the United States Constitution’s First Amendment
In war-torn, impoverished, and communist countries, America is a symbol for freedom. In America, our flag that waves red, white, and blue, is a symbol for our freedom. The Pledge of Allegiance begins with the words, "I pledge allegiance to the flag of the United States of America, and to the republic for which it stands..." This republic form of government is what grants Americans freedom: the power is invested in the people, and the government is responsible for protecting the rights of the people. A republic can only prevail if the citizens understand and properly practice the responsibilities that such power entrusts with them. For example, the first amendment of the Constitution protects freedom of speech; this liberty is meant for good, but can easily be abused. My responsibility is to use my constitutional rights for good, however, issues concerning responsibility seldom have just one correct solution.
All men are created equal and by living in the United States are entitled to exercise of their freedom of choice, religion and exercise of free speech. “Under God” should be removed from the pledge for purposes of creating equality in different beliefs and allowing each American their right laid out in the constitution.
“I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.” So many people say this pledge in honor of our country everyday. It is being said in classrooms throughout the United States at this very moment. Yet why is it that people find the pledge objectionable, even arguing that it is unconstitutional, due to one phrase, “under God?” Perhaps these people have a valid point. In our modern world of political-correctness and the separation of church and state, is it possible that religion and mentioning God doesn’t have any place in our society? Qualified people, ministers and those experienced in politics, have debated this issue for many years, especially within the last fifty years. People continue to fight in the name of the constitution believing it to be a living document, and as it was intended by the founders. Despite people’s objections, The Pledge of Allegiance has a place in our society because it reflects the fundamental principles of our government, as well as revealing that politics has its roots in religion.