[Congressional Record Volume 169, Number 104 (Wednesday, June 14, 2023)]
[Senate]
[Pages S2101-S2102]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    SENATE RESOLUTION 252--CELEBRATING THE 246TH ANNIVERSARY OF THE 
 CREATION OF THE FLAG OF THE UNITED STATES AND EXPRESSING SUPPORT FOR 
                        THE PLEDGE OF ALLEGIANCE

  Mr. BRAUN (for himself, Mr. Cruz, Mr. Marshall, Mr. Lee, Mr. Risch, 
Mr. Hagerty, Mr. Tillis, Mr. Scott of Florida, Mr. Rounds, Mrs. Hyde-
Smith, Ms. Collins, Mr. Schmitt, Mr. Young, Mr. Boozman, Mrs. Britt, 
Mr. Wicker, Mr. Hoeven, Mr. Graham, Mr. Vance, Mr. Budd, Mrs. Fischer, 
Mr. Tuberville, Ms. Lummis, Mr. Mullin, Mr. Kennedy, and Mr. Scott of 
South Carolina) submitted the following resolution; which was 
considered and agreed to:

                              S. Res. 252

       Whereas, on June 14, 1777, the Continental Congress 
     approved the design of a flag of the United States;
       Whereas, over the years, the flag of the United States has 
     preserved the standards of the original design comprised of 
     alternating red and white stripes accompanied by a union 
     consisting of white stars on a field of blue;
       Whereas, on May 30, 1916, President Woodrow Wilson issued 
     Presidential Proclamation 1335, an announcement asking the 
     people of the United States to observe June 14 as Flag Day;
       Whereas, on August 3, 1949, President Harry Truman signed 
     into law House Joint Resolution 170, 81st Congress, a joint 
     resolution designating June 14 of each year as Flag Day;
       Whereas, on August 21, 1959, President Dwight Eisenhower 
     issued Executive Order 10834 (24 Fed. Reg. 6865), an order 
     establishing the most recent design of the flag of the United 
     States;
       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 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 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

[[Page S2102]]

       Resolved, That the Senate--
       (1) celebrates the 246th anniversary of the creation of the 
     flag of the United States;
       (2) recognizes that the Pledge of Allegiance has been a 
     valuable part of life for the people of the United States for 
     generations; and
       (3) affirms that the Pledge of Allegiance is a 
     constitutional expression of patriotism and strongly defends 
     the constitutionality of the Pledge of Allegiance.

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