PART FOUR – Summary and Concluding Remarks 

 

To summarize, the critical issues in the pledge controversy are existential, historical, and of a matter of judicial and congressional authority.  First, there is the primary issue of whether or not there exists is a singular omnipotent supernatural intelligence in the first place.  Clearly not all citizens in this nation agree.  However, not even the Supreme Court has the right to rule one way or another.  Second, even if it the existence of such a being were provable, which it is not, there would still be the issue of whether the deity “God”, versus some other deity, is in fact that being.  Clearly again, not all citizens agree on this issue, and equally as clearly again, not even the Supreme Court has the right to decide it one way or another.  The government has no legitimate justification to transcend the mandates of the First Amendment and extend any special difference to God or any other deity.   On this basis alone, the Justice Department appeal was clearly in the wrong to challenge the legitimacy of the Ninth Circuit Court majority ruling.

 

The tangible issues boil down to the proposition that our nation “was founded on a fundamental belief in God” and the historical evidence for or against it.   Undoubtedly, belief in a deity called “God” was part of the “religious heritage” imported from the old world and thus resided with some indeterminate number of people during the founding days of the nation.  Still, the greater weight of historical evidence does not substantiate the notion that all the founders believed in “God”, or that those who did, did so exclusively.  As per specific instance, careful examination of the Declaration of Independence supports neither the notion of a singular supreme being nor the proposition that the Nation was founded on one.  The single most decisive historical evidence is the Constitution itself.  Nowhere within is there any reference whatsoever to a deity called “God”.  In fact, it specifically mandates against government entanglement with religion.  On this basis alone, the notion that our nation was founded on a fundamental belief in God is clearly untenable. Therefore, any court that previously decided otherwise was clearly in the wrong.  Any court that now follows such bad precedent will also clearly be wrong.  To selectively reject, use, or misuse judicial criterion to justify the imposition of deity, amounts to a judicially defective and dangerous mode of action.  The so-called “historical test” has no basis of justification in the Constitution, only in matters of factional religious sentiment. 

 

Even in view of all of this, if the courts still fail to see the problem with the “under God” pledge, then they should consider the historical issues of “heritage” from a different perspective.  The history and culture of this nation is composed of many “heritages” each one just as essential to the nation’s identity as its “religious heritage”.  Why should religion have special license to impose itself on our Pledge of Allegiance?  There is just as much “historical justification” to favor the phraseology “under Science”, or “under Capitalism”, “under the Arts”, “under Agriculture”,  “under Education”, or “under the Militia”.  Although this perspective is pluralistic in nature, the inevitable conclusion is the same.  The imposition of the phrase “under God” is blatant favoritism. The theistic ideology inherent in the phrase “under God” is not even representative of the more comprehensive sphere of the nation’s religious legacy either.   

 

If we are to subjugate the import of the Pledge under anything at all, then it should be “under the Constitution”, which is this Nation’s unique sacred heritage, a transcendent gift bestowed upon us by the works of the Founders.  The existence of divine providence is equally as un-provable as the existence of supernatural beings.  If such phenomenon were to have substance ascribable to any document, religious or not religious, then the Constitution must certainly stand as divinely inspired, if not more divinely inspired, than any piece of writing ever created before it.   Is this latter statement just a bald-faced assertion of personal belief?   Considering the evidence of history, I do not believe it is.  The United States Constitution is a superior crystallization of the best lawgiving of the ages, and what is more, it is the Supreme Law of this Nation! (quote)

 

       What is painfully objectionable about past judgments is the manifest lack of respect for the people’s Sixth Article protections from religious test.   As an undeniable Constitutional fact, belief in “God”, or any other deity for that matter, is not a requirement of citizenship.  The notion that no one is required to take the Pledge does not dispel the significance of the breach of trust.  The presence of the phase “under God” makes the current official Pledge a religious test by definition.  Since, no religious test is required, the government is in severe error to officially prescribe a pledge whose wording clearly implies that belief in “God” is a requirement of citizenship. 

 

Even with all this discrepancy set aside, are the teachers even informing the children that they have a choice between taking the pledge, standing silent, or leaving the room, and if so, how often?  Why in most instances are those who dissent, compelled to stand if they do not choose to leave the room?   What of the rights of the teachers conscripted to initiate the Pledge on a daily basis?   Can they refuse to officiate to the ceremony and/or leave the room if they so chose?   What of their careers if they exercise their so called “right” of dissent by acting on these latter “choices”?  How can any teacher in this nation’s public school system possibly do justice to the true heritage and meaning of the Constitution under the travesty of this government-mandated act of idolatry?  What does the government, and by default the public school system, have to say to the teachers who are loyal to the true import of the Sixth Article and the First Amendment regarding protections against religious loyalty tests and separation between government and religion?   “Suck it up and conform or go find another profession”?   Well, many if not most of them were purged by attrition or pushed out before their time, and now none can replace them to teach the Constitution and true meaning of national allegiance as it should be taught and still hope to survive as professional public school teachers.  The manifest impact of the self-evident injury has damaged the integrity and quality of education in America right down to its nationalistic roots.

 

“High school students and adults tend to misunderstand the federal judiciary's role in dealing with disputes about the meaning and application of constitutional rights. In the Center for Civic Education study, most students had misconceptions about judicial review and were unaware of the perennial conflict between judicial review and majority rule (Quigley et al. 1987, 5). These conclusions were paralleled by the Hearst Report, which also found that about half of the adult respondents misconceived the role and powers of the Supreme Court in our constitutional system of separated powers and checks and balances (1987, 23-26). Michael Kammen's history of the Constitution in American culture documents the long-standing public ambivalence to and misunderstanding of the Supreme Court's role in protecting individual rights against the potential tyranny of majority rule.” (see: ERIC_Digests/ed298076.html for full text)

 

Considering this along with all other evidence discussed, the existence of injury is rather evident.   Is it not injury to the very solvency of the Constitution, the sacred heritage of the Founders?  Is it not injury to the integrity of the courts and the legislative process, and consequently to the system of separated powers and checks and balances among the arms of government?  Is it not injury to the rights of the children and their teachers and the many of us others? Is it not injury to the sole of this nation and to its posterity?  My own personal injury, although painfully real enough, is just one instance among many that collectively amount to a ubiquitous syndrome to which the courts must not turn a blind or callused eye.  

 

The bottom line is that belief in "God" or any deity for that matter is not a requirement of citizenship in this country, whereas conformance to the law (Constitutional Law) is a requirement of citizenship in good standing.  The Sixth Article of the Constitution mandates that, "no religious test shall ever be required as a qualification to any office or public trust under the United States", and the First Amendment mandates that, "Congress shall make no law respecting an establishment of religion."  Those people who break these laws and otherwise coerce others into breaking them, are not citizens or politicians in good standing, they are enemies to just and fair law and therefore enemies to the common good.   Taking allegiance to deity is what people are at liberty to do in their houses of worship or personal homes if they so choose.   Beyond that, their license to conscript anyone to their deities and proselytizations is virtually non-existent, and it certainly does not include free license to pollute the common ground of our nationalism via its core ceremonies of oath taking!   Using government authority to force a choice between taking a pledge that amounts to a religious test versus sucking it up in silence with no pledge at all is the worst kind of political bigotry imaginable.  It is not fair, nor impartial, nor is it just.   What is more, IT IS AGAINST THE STANDING CONSTITUTIONAL LAW OF THIS NATION!   The U.S. 9th Circuit Court of Appeals ruling that the phraseology, "under God" is an "impermissible government endorsement of religion", was both constitutionally correct and justified on all grounds legitimately relevant to the issue.  Washington has an obligation to submit to the specification of a constitutionally valid Pledge or submit to complete repeal of all statutes prescribing the official use of any pledge at all. 

 

Congress and the courts should never have allowed the Pledge, the core ceremony of our nationalism, to get so badly tangled up with matters of deity as they did in 1954 and have allowed since.  In so doing, they aided and abetted the commission of a profound classificatory error. If honorable and just acknowledgment of the unconstitutionality of the present pledge would put other more peripheral concessions to religion in danger of revocation, then so be it.  Perhaps the time for such a house cleaning is long past due.  Perhaps it is time to reevaluate the concessions currently in effect with an eye to either removing them or rendering them more legitimate with regard to government neutrality and religious pluralism.  Perhaps it is necessary to protect this nation’s true legacy of enlightened civil law from the insidious destructiveness of theocracy, or any other corrupting influence on congressional law making.  Speaking of same, exactly what is this “integral part of the systematic development of constitutional doctrine” and who first coined the phrase?    More verbal moonshine intended to create an aura of legitimacy for an evolving tradition of subverting the Constitution in the service of theocracy.   Are we to presuppose that this so-called “integral part of constitutional doctrine” is to take precedence over the literal import of the Constitution itself?  We must stand up and protect this nation’s principles of liberty, equality, and justice, for our own sakes and for our posterity, or they will be lost.  At the core of it, the ideological import of the current pledge is unacceptably corrupt and dangerous, having fostered enumerable injuries for five decades.  It is in severe need of either abandonment as a ceremonial act, a return to the pre-1954 Pledge, or refurbishment to better protect its nationalistic import against the devices of power hungry religious factions.  In consideration of this latter matter, the present letter of petition ends with the following thought.

 

I pledge allegiance to the Flag of the United States of America, - and to the CONSTITUTION for which it stands, - one Nation indivisible, with Equality, Liberty, and Justice for all.

 

                E Pluribus Unum!

 

Edward George, United States Citizen

 

REFERENCES


Defend the Decision

Pledge Petition

United States Constitution
Newdow’s Website
Full Text of the Ruling
Full Text of the Appeal
Supreme Court Ruling against Standing
Newdow’s Brief on Merits

 

 

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