[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 71 Agreed to Senate (ATS)]







108th CONGRESS
  1st Session
S. RES. 71

            Expressing support for the Pledge of Allegiance.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2003

 Ms. Murkowski (for herself, Mr. McConnell, Mr. Gregg, Mr. Hatch, Mr. 
   Allen, Mr. Alexander, Mr. Allard, Mr. Bennett, Mr. Brownback, Mr. 
    Bunning, Mr. Burns, Mr. Chafee, Mr. Chambliss, Mr. Cochran, Mr. 
  Coleman, Ms. Collins, Mr. Cornyn, Mr. Craig, Mr. Crapo, Mr. DeWine, 
 Mrs. Dole, Mr. Ensign, Mr. Fitzgerald, Mr. Graham of South Carolina, 
 Mr. Hagel, Mrs. Hutchison, Mr. Inhofe, Mr. Kyl, Mr. Lott, Mr. Lugar, 
  Mr. McCain, Mr. Nickles, Mr. Roberts, Mr. Santorum, Mr. Shelby, Mr. 
Smith, Ms. Snowe, Mr. Specter, Mr. Stevens, Mr. Sununu, Mr. Talent, Mr. 
   Thomas, Mr. Warner, Mr. Sessions, and Ms. Landrieu) submitted the 
        following resolution; which was ordered held at the desk

                             March 4, 2003

                   Considered, amended, and agreed to

_______________________________________________________________________

                               RESOLUTION


 
            Expressing support for the Pledge of Allegiance.

Whereas a 3-judge panel of the Ninth Circuit Court of Appeals has ruled in 
        Newdow v. United States Congress that the words ``under God'' in the 
        Pledge of Allegiance violate the Establishment Clause when recited 
        voluntarily by students in public schools;
Whereas the Ninth Circuit has voted not to have the full court, en banc, 
        reconsider the decision of the panel in Newdow;
Whereas this country was founded on religious freedom by the Founding Fathers, 
        many of whom were deeply religious;
Whereas the First Amendment to the Constitution embodies principles intended to 
        guarantee freedom of religion both through the free exercise thereof and 
        by prohibiting the Government establishing a religion;
Whereas the Pledge of Allegiance was written by Francis Bellamy, a Baptist 
        minister, and first published in the September 8, 1892, issue of the 
        Youth's Companion;
Whereas Congress, in 1954, added the words ``under God'' to the Pledge of 
        Allegiance;
Whereas the Pledge of Allegiance has for almost 50 years included references to 
        the United States flag, the country, to our country having been 
        established as a union ``under God'' and to this country being dedicated 
        to securing ``liberty and justice for all'';
Whereas Congress in 1954 believed it was acting constitutionally when it revised 
        the Pledge of Allegiance;
Whereas the 107th Congress overwhelmingly passed a resolution disapproving of 
        the panel decision of the Ninth Circuit in Newdow, and overwhelmingly 
        passed legislation recodifying Federal law that establishes the Pledge 
        of Allegiance in order to demonstrate Congress's opinion that 
        voluntarily reciting the Pledge in public schools is constitutional;
Whereas the Senate believes that the Pledge of Allegiance, as revised in 1954 
        and as recodified in 2002, is a fully constitutional expression of 
        patriotism;
Whereas the National Motto, patriotic songs, United States legal tender, and 
        engravings on Federal buildings also refer to ``God''; and
Whereas in accordance with decisions of the United States Supreme Court, public 
        school students are already protected from being compelled to recite the 
        Pledge of Allegiance: Now, therefore, be it
    Resolved, That the Senate--
            (1) strongly disapproves of a decision by a panel of the 
        Ninth Circuit in Newdow, and the decision of the full court not 
        to reconsider this case en banc; and
            (2) authorizes and instructs the Senate Legal Counsel 
        either to seek to intervene in the case to defend the 
        constitutionality of the words ``under God'' in the Pledge, or 
        to file an amicus curiae brief in support of the continuing 
        constitutionality of the words ``under God'' in the Pledge.
                                 <all>