[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 378 Agreed to Senate (ATS)]







108th CONGRESS
  2d Session
S. RES. 378

 Designating June 14, 2004, as ``National Pledge of Allegiance to the 
                              Flag Day''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2004

 Mr. Cornyn (for himself, Mrs. Feinstein, Mr. Craig, Mr. Grassley, Mr. 
Chambliss, Mr. Graham of South Carolina, and Mr. DeWine) submitted the 
        following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
 Designating June 14, 2004, as ``National Pledge of Allegiance to the 
                              Flag Day''.

Whereas the United States flag is a unique symbol of the United States and its 
        ideals;
Whereas millions of Americans instinctively look to the United States flag with 
        reverence, in times of national crisis and triumph alike;
Whereas no other American symbol has been as universally honored as the United 
        States flag;
Whereas the United States flag has always played a unique role in honoring the 
        men and women of the Armed Forces who have died in defense of the United 
        States;
Whereas to the countless families of loved ones who have died in defense of the 
        United States, the United States flag is a treasured possession and a 
        poignant memory of their loss;
Whereas the Second Continental Congress adopted the Stars and Stripes as the 
        official flag of the United States on June 14, 1777;
Whereas Congress has designated June 14 as Flag Day (36 U.S.C. 110);
Whereas the Pledge of Allegiance is recited by millions of Americans who wish to 
        demonstrate their loyalty and allegiance to the flag of the United 
        States and to the republic for which it stands;
Whereas President Eisenhower signed into law the modern version of the Pledge of 
        Allegiance on June 14, 1954 (Joint Resolution entitled ``Joint 
        Resolution to amend the pledge of allegiance to the flag of the United 
        States of America'', Public Law 83-396, approved June 14, 1954), making 
        Flag Day, 2004, the 50th anniversary of the modern version of the Pledge 
        of Allegiance;
Whereas a 3-judge panel of the United States Court of Appeals for the Ninth 
        Circuit ruled in Newdow v. United States Congress, 328 F.3d 466 (9th 
        Cir. 2002), that the words ``under God'' in the Pledge of Allegiance 
        violate the establishment clause of the first amendment of the 
        Constitution of the United States when recited voluntarily by students 
        in public schools;
Whereas on June 14, 2004, the Supreme Court issued a decision, Elk Grove Unified 
        School District v. Newdow (docket number 02-1624), that reversed the 
        decision of the United States Court of Appeals for the Ninth Circuit in 
        the Newdow case solely on procedural grounds, but that leaves unresolved 
        whether the Supreme Court agrees with the decision of the United States 
        Court of Appeals for the Ninth Circuit to strike down the Pledge of 
        Allegiance as unconstitutional;
Whereas Congress, in 1954, believed that it was acting constitutionally when it 
        revised the Pledge of Allegiance;
Whereas the Senate believes that the Pledge of Allegiance, as revised in 1954 
        and as recodified in 2002 (4 U.S.C. 4), is a fully constitutional 
        expression of patriotism; and
Whereas the Senate has twice acted by unanimous consent to authorize the Senate 
        Legal Counsel to defend the constitutionality of the Pledge of 
        Allegiance in the Federal courts (Senate Resolution 134, 108th Congress, 
        agreed to May 8, 2003, and Senate Resolution 292, 107th Congress, agreed 
        to June 26, 2002): Now, therefore, be it
    Resolved, That the Senate--
            (1) supports and reveres the United States flag and the 
        Pledge of Allegiance;
            (2) strongly disapproves of the decision by the 3-judge 
        panel of the United States Court of Appeals for the Ninth 
        Circuit in Newdow v. United States Congress; and
            (3) hereby designates June 14, 2004, as ``National Pledge 
        of Allegiance to the Flag Day''.
                                 <all>