[Congressional Record Volume 149, Number 35 (Wednesday, March 5, 2003)]
[Senate]
[Page S3204]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       CORRECTED VERSION OF S. RES. 71 AS PASSED ON MARCH 4, 2003

       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.

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