Joe Schwarz on Education
Former Republican Representative (MI-7, 2005-2007)
Proponents support voting YES because:
I believe that our Pledge of Allegiance with its use of the phrase "under God" is entirely consistent with our Nation's cultural and historic traditions. I also believe that the Court holding that use of this phrase is unconstitutional is wrong. But this court-stripping bill is not necessary. This legislation would bar a Federal court, including the Supreme Court, from reviewing any claim that challenges the recitation of the Pledge on first amendment grounds.
If we are a Nation of laws, we must be committed to allowing courts to decide what the law is. This bill is unnecessary and probably unconstitutional. It would contradict the principle of Marbury v. Madison, intrude on the principles of separation of powers, and degrade our independent Federal judiciary.
Opponents support voting NO because:
I was disappointed 4 years ago when two judges of the Ninth US Circuit Court of Appeals ruled that our Pledge, our statement of shared national values, was somehow unconstitutional. I do not take legislation that removes an issue from the jurisdiction of this court system lightly. This legislation is appropriate, however, because of the egregious conduct of the courts in dealing with the Pledge of Allegiance.
By striking "under God" from the Pledge, the Court has shown contempt for the Congress which approved the language, and, more importantly, shows a complete disregard for the millions of Americans who proudly recite the Pledge as a statement of our shared national values and aspirations. No one is required to recite the Pledge if they disagree with its message.
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NY-25:Ann Marie Buerkle