[Congressional Record Volume 167, Number 128 (Wednesday, July 21, 2021)]
[Senate]
[Page S5021]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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 SENATE RESOLUTION 309--EXPRESSING SUPPORT FOR THE PLEDGE OF ALLEGIANCE

  Mr. BRAUN (for himself, Mr. Barrasso, Mr. Marshall, Mrs. Hyde-Smith, 
Mr. Risch, Mr. Rubio, Mr. Scott of Florida, Mr. Lankford, Mr. Boozman, 
Mr. Wicker, Mr. Hoeven, Mr. Scott of South Carolina, Mr. Hawley, Mr. 
Hagerty, and Mr. Rounds) submitted the following resolution; which was 
considered and agreed to:

                              S. Res. 309

       Whereas the United States was founded on principles of 
     religious freedom by the Founders, many of whom were deeply 
     religious;
       Whereas the First Amendment to the Constitution of the 
     United States embodies principles intended to guarantee 
     freedom of religion through the free exercise thereof and by 
     prohibiting the Government from 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, in 1954, Congress added the words ``under God'' to 
     the Pledge of Allegiance;
       Whereas, for more than 60 years, the Pledge of Allegiance 
     has included references to the United States flag, to the 
     United States having been established as a union ``under 
     God'', and to the United States being dedicated to securing 
     ``liberty and justice for all'';
       Whereas, in 1954, Congress believed it was acting 
     constitutionally when it revised the Pledge of Allegiance;
       Whereas the Senate of the 117th Congress believes that the 
     Pledge of Allegiance is a constitutional expression of 
     patriotism;
       Whereas patriotic songs, engravings on United States legal 
     tender, and engravings on Federal buildings also contain 
     general references to ``God'';
       Whereas, in Elk Grove Unified School District v. Newdow, 
     542 U.S. 1 (2004), the Supreme Court of the United States 
     overturned the decision of the United States Court of Appeals 
     for the Ninth Circuit in Newdow v. U.S. Congress, 328 F.3d 
     466 (9th Cir. 2003), a case in which the Ninth Circuit 
     concluded that recitation of the Pledge of Allegiance by a 
     public school teacher violated the Establishment Clause of 
     the First Amendment to the Constitution of the United States;
       Whereas the United States Court of Appeals for the Ninth 
     Circuit subsequently concluded that--
       (1) the previous opinion of that court in Newdow v. U.S. 
     Congress, 328 F.3d 466 (9th Cir. 2003) was no longer binding 
     precedent;
       (2) case law from the Supreme Court of the United States 
     concerning the Establishment Clause of the First Amendment to 
     the Constitution of the United States had subsequently 
     changed after the decision in Elk Grove Unified School 
     District v. Newdow, 542 U.S. 1 (2004); and
       (3) Congress, in passing the new version of the Pledge of 
     Allegiance, had established a secular purpose for the use of 
     the term ``under God''; and
       Whereas, in light of those conclusions, the United States 
     Court of Appeals for the Ninth Circuit upheld the recitation 
     of the Pledge of Allegiance by public school teachers: Now, 
     therefore, be it
       Resolved, That--
       (1) the Pledge of Allegiance has been a valuable part of 
     life for the people of the United States for generations; and
       (2) the Senate strongly defends the constitutionality of 
     the Pledge of Allegiance.

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