[Congressional Record Volume 149, Number 91 (Thursday, June 19, 2003)]
[Senate]
[Page S8242]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself and Mr. Talent):
  S. 1297. A bill to amend title 28, United States Code, with respect 
to the jurisdiction of Federal courts inferior to the Supreme Court 
over certain cases and controversies involving the Pledge of Allegiance 
to the Flag; to the Committee on the Judiciary.
  Mr. HATCH. Mr. President, I rise to introduce today the ``Protect the 
Pledge Act of 2003.'' The Pledge of Allegiance to the Flag has been an 
integral part of this Nation's identity since its early days. It was 
first written by a Baptist minister in 1892 as part of the 
commemoration of the 400th Anniversary of the discovery of America. For 
over a century, children and adults have recited this Pledge in 
schools, in government and military ceremonies, and on other formal 
occasions. It represents a promise of loyalty to the Flag itself, to 
the country it represents, and to the government that unites all fifty 
states. Perhaps more importantly, for many people, its recitation 
represents as essential element of what it means to be an American.
  In United States v. Newdow, the Ninth Circuit jeopardized the 
integrity of the Pledge of Allegiance. It held that a school district's 
policy of teacher-led recitation of the Pledge violates the First 
Amendment Establishment Cause because it includes the phrase ``under 
God.'' This decision is simply wrong. It claims that the American flag 
symbolizes monotheism. It does no such thing. The Pledge represents our 
country, our independence, our government--simply, it represents 
liberty and justice for all. While the phrase ``under God'' undeniably 
has some religious connotation, it is a term of art with de minimus 
theological significance. It is not intended to establish a national 
religion or to prohibit the free exercise of religious beliefs. The 
thirty-one words of the Pledge of Allegiance, however, are worthy of 
reverence and respect. To eliminate the phrase ``under God'' would be 
equivalent to depicting the flag with forty-nine stars or twelve 
stripes. It changes the constitution of our American identity.
  The ``Protect the Pledge Act of 2003'' prevents further judicial 
encroachment by eliminating federal jurisdiction of claims that the 
recitation of the Pledge violates the First Amendment. By passing this 
legislation, Congress is exercising its Constitutional duty to preserve 
the separation of powers. When the judiciary has oversteps its 
boundaries, as it has done in Newdow, Congress must act to protect the 
sanctity of the Pledge of Allegiance. This bill represents a reasoned 
response to Newdow. By limiting its scope to federal jurisdiction, it 
leaves open a potential remedy in state court, thereby obviating any 
due process concerns.
  I am hopeful that my colleagues in both Houses will work 
expeditiously, on a bi-partisan basis, to enact this important 
legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1297

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protect the Pledge Act of 
     2003''.

     SEC. 2. JURISDICTION LIMITATION.

       (a) In General.--Chapter 99 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1632. Jurisdiction limitation

       ``No court established by Act of Congress shall have 
     jurisdiction to hear or determine any claim that the 
     recitation of the Pledge of Allegiance to the Flag (`I pledge 
     allegiance to the Flag of the United States of America, and 
     to the Republic for which it stands, one Nation under God, 
     indivisible, with liberty and justice for all.') violates the 
     first article of amendment to the Constitution of the United 
     States.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 99 of title 28, United States Code, is 
     amended by adding at the end the following new item:

``1632. Jurisdiction limitation.''.
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