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Court cases, and the spirit of numerous other Supreme
Court cases in which members of the Court have explic-
itly stated, that the voluntary recitation of the Pledge of
Allegiance to the Flag is consistent with the first amend-
ment;
Whereas the phrase, ‘‘one Nation, under God’’, as included
in the Pledge of Allegiance to the Flag, reflects the no-
tion that the Nation’s founding was largely motivated by
and inspired by the Founding Fathers’ religious beliefs;
Whereas the Pledge of Allegiance to the Flag is not a prayer
or statement of religious faith, and its recitation is not
a religious exercise, but rather, it is a patriotic exercise
in which one expresses support for the United States and
pledges allegiance to the flag, the principles for which the
flag stands, and the Nation;
Whereas the House of Representatives recognizes the right of
those who do not share the beliefs expressed in the pledge
or who do not wish to pledge allegiance to the flag to re-
frain from its recitation;
Whereas the effect of the ninth circuit’s ruling in Newdow II
will prohibit the recitation of the pledge at every public
school in 9 states, schooling over 9.6 million students,
and could lead to the prohibition of, or severe restrictions
on, other voluntary speech containing religious references
in these classrooms;
Whereas rather than promoting neutrality on the question of
religious belief, this decision requires public school dis-
tricts to adopt a preference against speech containing re-
ligious references;
Whereas the constitutionality of the voluntary recitation by
public school students of numerous historical and found-
•HRES 132 EH
ing documents, such as the Declaration of Independence,
the Constitution, and the Gettysburg Address, has been
placed into serious doubt by the ninth circuit’s decision
in Newdow II;
Whereas the ninth circuit’s interpretation of the first amend-
ment in Newdow II is clearly inconsistent with the
Founders’ vision of the establishment clause and the free
exercise clause of the first amendment, Supreme Court
precedent interpreting the first amendment, and any rea-
sonable interpretation of the first amendment;
Whereas this decision places the ninth circuit in direct con-
flict with the Seventh Circuit Court of Appeals which, in
Sherman v. Community Consolidated School District
(980 F.2d 437; 7th Cir. 1992), held that a school dis-
trict’s policy allowing for the voluntary recitation of the
Pledge of Allegiance to the Flag in public schools does
not violate the establishment clause of the first amend-
ment;
Whereas Congress has consistently supported the Pledge of
Allegiance to the Flag by starting each session with its
recitation;
Whereas the House of Representatives reaffirmed support for
the Pledge of Allegiance to the Flag in the 107th Con-
gress by adopting House Resolution 459 on June 26,
2002, by a vote of 416–3; and
Whereas the Senate reaffirmed support for the Pledge of Al-
legiance to the Flag in the 107th Congress by adopting
Senate Resolution 292 on June 26, 2002, by a vote of
99–0: Now, therefore, be it
Resolved, That it is the sense of the House of Represent-
atives that—
•HRES 132 EH
(1) the phrase ‘‘one Nation, under God,’’ in the
Pledge of Allegiance to the Flag reflects that religious
faith was central to the Founding Fathers and thus to
the founding of the Nation;
(2) the recitation of the Pledge of Allegiance to the
Flag, including the phrase, ‘‘one Nation, under God,’’ is
a patriotic act, not an act or statement of religious faith
or belief;
(3) the phrase ‘‘one Nation, under God’’ should re-
main in the Pledge of Allegiance to the Flag and the
practice of voluntarily reciting the pledge in public school
classrooms should not only continue but should be en-
couraged by the policies of Congress, the various States,
municipalities, and public school officials;
(4) despite being the school district where the legal
challenge to the pledge originated, the Elk Grove Unified
School District in Elk Grove, California, should be rec-
ognized and commended for their continued support of
the Pledge of Allegiance to the Flag;
(5) the Ninth Circuit Court of Appeals ruling in
Newdow v. United States Congress has created a split
among the circuit courts, and is inconsistent with the
Supreme Court’s interpretation of the first amendment,
which indicates that the voluntary recitation of the
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pledge and similar patriotic expressions is consistent
with the first amendment;
(6) the Attorney General should appeal the ruling
in Newdow v. United States Congress, and the Supreme
Court should review this ruling in order to correct this
constitutionally infirm and historically incorrect holding;
and
(7) the President should nominate and the Senate
should confirm Federal circuit court judges who inter-
pret the Constitution consistent with the Constitution’s
text.
Attest:
Clerk.