[Congressional Record Volume 148, Number 90 (Monday, July 8, 2002)]
[Extensions of Remarks]
[Page E1200]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENSE OF HOUSE THAT NEWDOW V. U.S. CONGRESS WAS ERRONEOUSLY DECIDED

                                 ______
                                 

                               speech of

                          HON. DARRELL E. ISSA

                             of california

                    in the house of representatives

                        Thursday, June 27, 2002

  Mr. ISSA. Mr. Speaker, I rise today in support of H. Res. 459, a 
resolution condemning the 9th U.S. Circuit Court of Appeals for ruling 
that the phrase ``under God'' in the Pledge of Allegiance is 
unconstitutional.
  The ruling by the 9th Circuit Court of Appeals flies directly in the 
face of Thomas Jefferson's reasoning for the formation of our Nation. 
In writing the Declaration of Independence, Thomas Jefferson reasoned 
that all men have been endowed with inalienable rights by God and to 
defend these rights governments are instituted among men.
  Mr. Speaker, Judge Goodwin and Judge Reinhardt do not understand the 
irony of their decision: without God, according to Thomas Jefferson, 
there is no American government and thus no 9th Circuit Court of 
Appeals.
  Judges are supposed to interpret the Constitution and laws passed by 
Congress: not revise the wisdom of our founding fathers to their own 
liking. If this harmful judicial attitude is not soon corrected, we may 
find ourselves condemning judicial decisions to delete text from the 
Declaration of Independence.
  I would like to assure my colleagues and the American people that, 
although the 9th Circuit Court of Appeals exercises appellate 
jurisdiction over the State of California, this decision is not 
indicative of the sentiment of the people of California. The 9th 
Circuit Court of Appeals is notorious for the fact that its decisions 
are overturned by the U.S. Supreme Court more often than any other 
circuit. I am confident that this decision will, like many others this 
court has made, be overturned.
  The Senate has acted swiftly to condemn this decision. I urge them to 
back up their rhetoric with action and expedite their approval of the 
President's Judicial nominations for the five existing vacancies on the 
9th Circuit Court of Appeals so that similar decisions may be avoided 
in the future.
  Mr. Speaker, I thank you for the opportunity to speak and I urge all 
my colleagues to vote in favor of this resolution.

                          ____________________