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thedrifter
05-05-04, 01:36 PM
Sunday, May 2, 2004

'Under God' - freedom, not religion

By Phil Lucas
Executive Editor

God has enemies in America. So does freedom. They are the same ones. The trick, if you oppose freedom, is to remove God from public discourse. That makes liberty an easier mark. If you can pull this off in the name of freedom itself, so much the better. Americans will never know what hit them.

The Supreme Court of the United States heard oral arguments in March to decide whether the words "under God" shall remain in the Pledge of Allegiance. A ruling is expected in summer.

Arguments were heard, as always, in a room in which the Ten Commandments are ensconced high upon the wall, which puts the justices, inconveniently, "under God" themselves. No matter. The Commandments are a relic among many others put there by an architect from long ago. This august body has tacitly banished these same Commandments from public places across the land.

Upon this surreal stage, the court pondered "under God," as in the line, "One nation, under God, indivisible, with liberty and justice for all."

Many of us said those words on sleepy spring mornings, standing amongst our desks and books, hands over our hearts, facing dutifully toward the front. It became rote, just another ceremony of civil society.

It might surprise you to learn you were praying. That is one argument the court heard. The justices took it seriously, most of them too old to have ever said "under God" in school. They heard also that the pledge is an unconstitutional government-sponsored endorsement of religion.

Oh my.

If you love football, here’s hoping the government doesn’t sponsor the Super Bowl.

As usual the arguments have been diverted to religion, guaranteed to get everybody’s blood boiling.

A California man, Michael Newdow, brought this case. His daughter attends a school where the pledge is recited. An atheist, he sued. Simultaneously, he was fighting for custody of the child with the girl’s mother, a Christian. Newdow has issues in his life. His problems have now become ours. Did I mention he is a lawyer, too? Argued his own case.

Other lawyers support him, such as the American Civil Liberties Union, which filed a friend-ofthe-court brief.

As the name implies, the ACLU supports liberties, most spectacularly for drug dealers, pornographers and would-be terrorists, which, but for the grace of God, there go we all. So goes their reasoning, minus the God, of course.

Ever vigilant, the ACLU misses no opportunity to purge the country of relics of the past, such as the Boy Scouts, marriage and public references to God. They do it in the name of freedom. They label such things un-American and seek redress through federal courts, the branch of our government most out of touch with the people it serves.

Thomas Jefferson feared an imperial court. He called Supreme Court justices "bold speculators" on the nation’s patience, "secure for life," independent of the will of the people.

For good reason, it turns out.

To further stack the deck, Newdow asked Justice Antonin Scalia to recuse himself. Scalia had commented on the case in public.

Stung from criticism that he would not step down from a case involving hunting pal Dick Cheney, Scalia came down with a touch of propriety and acquiesced.

Evidently, it wasn’t contagious. Justice Ruth Bader Ginsburg remained. From 1973 to 1980 Ginsburg was general counsel of the ACLU. For six years she served on its board of directors.

Let’s see if we have this right. Scalia stays on a case involving his hunting pal, and he gets hammered. Ginsburg stays on a case in which her pals at the ACLU have a dog in the fight, and she tiptoes through the tulips.

Good thing for the country she’s impartial.

Scalia should take two aspirin and report to work. The court has long passed any shame over appearances.

The justices will agonize the details of this case: when "under God" was added to the pledge, the intent of that addition, the tea leaves of religion and the phases of the moon.

Meanwhile, Americans, 90 percent of whom want the words to stay, can consider the big picture, such as whether it is time to amend Article III of the Constitution with term limits for the federal judiciary.

Americans might also consider the real meaning of God in our form of government, the flip side of "In God We Trust," which is, "In Men We Don’t."

In our government, God is an idea, the central concept upon which the whole country is built. God makes possible our overarching concept of liberty, meaning the entire nation is, indeed, "under God."

God, not men, endows individual liberty and other natural rights. Men form governments to secure those liberties. When government fails to do so, we may alter or abolish it. We have that right. We have that obligation. An individual does not even have the power to give away his own liberty. It is "unalienable."

Don’t take my word for it. Read the first two paragraphs of The Declaration of Independence. That old architect Jefferson wrote it. It lays out the political philosophy upon which the nation was founded and our Constitution written.

Jefferson’s use of the words God and Creator included "the Jew and the Gentile, the Christian and Mahometan, the Hindoo, and infidel of every denomination," according to his autobiography. We don’t need an autobiography to figure that out. He wrote the Declaration in English.

This concept of a Creator was a revolutionary idea in the government of men. It made freedom unassailable and unalienable, even by religion, even by government, because what men cannot give, men cannot take away. Liberty is guaranteed by God.

If this idea makes you squirm, or if you oppose it, with what or whom do you propose to replace it?

Like the Declaration and Constitution, God and liberty cannot be halved, lest we lose both. It’s not about religion. It’s about freedom. If you think otherwise, you have taken the bait.


http://www.newsherald.com/viewpoint/phillucas/040502.shtml


Ellie

TracGunny
09-23-04, 04:03 PM
Thursday, September 23, 2004 Story last updated at 3:15 p.m. on Thursday, September 23, 2004

House RollCall Pledge

The Associated Press

The 247-173 roll call Thursday by which the House voted to prohibit the Supreme Court and other federal courts from taking up cases involving the Pledge of Allegiance.

A "yes" vote is a vote to pass the bill.

Voting "yes" were 34 Democrats and 213 Republicans.

Voting "no" were 166 Democrats, six Republicans and one independent.

X denotes those not voting.

There is one vacancy in the 435-member House.

To see how your Representatives voted:
http://www.jacksonville.com/tu-online/apnews/stories/092304/D859HRV00.shtml

Sparrowhawk
09-23-04, 04:07 PM
Can Congress pass such a law that can be enforced?

Who will enforce it?

hrscowboy
09-23-04, 04:32 PM
What the hell is wrong with these damn democrates. this nation was founded under god. what a bunch of jerks.

yellowwing
09-23-04, 06:47 PM
Can Congress limit the powers of the Supreme Court? 8-12 years from now would you want a Democratic Congress preventing the Supreme Court from hearing a (theoretical) "Zero Tolerance on Firearms" challenge?

greensideout
09-23-04, 07:24 PM
Good point yellowwing!

Isn't it Congress that votes in the Supreme Court and by doing so granting them the power to make judgement without restriction? Otherwise the Congress may as well not vote them in and make those judgements themselves----but then that alters our form of government. It would be reduced to two branchs.

Let's go farther and just let the President make the judgement. Then it's one branch. (Can one be a "branch"?---lol)

I think that Putin is working on this now in Ruskiland as we speek.

enviro
09-24-04, 01:54 AM
Branch Lesson:

The Legislative Branch (Congress) writes the laws

The Executive Branch (President) approves the laws

The Judicial Branch (Supreme Court) interprets/enforces the laws


The arguement is to allow states to decide what is right for their people - as it should be in this case and in the case of gay marriage.

Learn more from SchoolHouse Rocks

I'm just a bill,
Yes, I'm only a bill,
And I'm sitting here on Capitol Hill.
Well, it's a long, long journey
To the capital city,
It's a long, long wait
While I'm sitting in committee,
But I know I'll be a law someday...
At least I hope and pray that I will,
But today I'm still just a bill.

}} {Gee, bill, you certainly have a lot of patience and courage!}
{Well I got *this* far. When I started, I wasn't even a *bill* - I
was just an idea. Some folks back home decided they wanted a law
passed, so they called their local congressman and he "You're right,
there ought to be a law." Then he sat down and wrote me out and
introduced me to Congress, and I became a bill. And I'll remain a
bill until they decide to make me a law.}

I'm just a bill,
Yes I'm only a bill,
And I got as far as Capitol Hill.
Well now I'm stuck in committee
And I sit here and wait
While a few key congressmen
Discuss and debate
Whether they should
Let me be a law...
Oh how I hope and pray that they will,
But today I am still just a bill.

}} {Listen to those congressmen arguing! Is all that discussion and
}} debate about you?}
{Yes. I'm one of the lucky ones. Most bills never even get this far.
I hope they decide to report on me favourably, otherwise I may die.}
}} {"Die?"}
{Yeah: die in committee. Oooh! But it looks like I'm gonna live.
Now I go to the House of Representatives and they vote on me.}
}} {If they vote "yes", what happens?}
{Then I go to the Senate and the whole thing starts all over again.}
}} {Oh no!}
{Oh yes!}

I'm just a bill,
Yes I'm only a bill,
And if they vote for me on Capitol Hill,
Well then I'm off to the White House
Where I'll wait in a line
With a lot of other bills
For the President to sign.
And if he signs me then I'll be a law...
Oh, how I hope and pray that he will,
But today I am still just a bill.

}} {You mean even if the whole Congress says you should be a law, the
}} President can still say no?}
{Yes, that's called a "veto". If the President vetoes me, I have to
go back to Congress, and they vote on me again, and by that time
it's...}
}} {By that time, it's very unlikely that you'll *become* a law! It's
}} not easy to become a law, is it?}

No! But how I hope and I pray that I will,
But today I am still just a bill!

}} {He signed you, bill! Now you're a law!}
{Oh yes!}

hrscowboy
09-24-04, 04:37 AM
Enviro you never cease to amaze me my brother...

TracGunny
09-24-04, 10:06 AM
September 24th - 9:06 am ET

House passes bill to prevent federal courts from ruling on words 'under God' in pledge

JIM ABRAMS
Associated Press Writer

WASHINGTON — In a vote with election-year consequences, the House sought to assure that God's 50-year place in the Pledge of Allegiance will be safe from federal court challenges.

The bill, approved on a 247-173 vote Thursday, would prevent federal courts, including the Supreme Court, from ruling on whether the words "under God" should be stricken from the pledge.

The legislation drew strong protests from Democrats who said they want "under God" to remain but viewed the measure as an unconstitutional attack on the judicial branch. They said it was meant mainly to force them into a controversial vote just six weeks before the election.

The bill has virtually no chance of clearing the Senate this year, but the issue was important to conservatives intent on getting lawmakers on the record on topical social issues such as gay marriage and flag burning.

In a similar vote in July, the House voted to prevent federal courts from ordering states to recognize same-sex unions sanctioned in other states.

Supporters said state judges, and not unelected federal judges, should have jurisdiction over whether children should use the words "under God" when they recite the pledge.

"Many federal judges have made no secret of their hostility to traditional values and religion in the public square," said House Majority Leader Tom DeLay, R-Texas.

In June, the Supreme Court dismissed, on a technicality, a 2002 federal court decision that the religious reference made the pledge unconstitutional.

But Rep. Todd Akin, R-Mo., who wrote the legislation before the House Thursday, predicted that if the issue returned to the high court, only three justices would support retention of the "under God" phrase. If the courts are allowed to strike the religious reference, "we will have emasculated the very heart of what America has always been about."

But Democrats said the bill would damage a system of judicial review that has been fundamental to government for 200 years. "We're playing with fire here, we are playing with the national unity of this country," by letting each state make its own interpretation of constitutional law, said Rep. Jerrold Nadler, D-N.Y.

"This bill is a dramatic assault on the courts and individual rights, wrapped in phony patriotism," said the Rev. Barry Lynn, executive director of Americans United for Separation of Church and State.

On the other side, House Judiciary Committee Chairman James Sensenbrenner, R-Wis., argued that "the Constitution clearly provides that the lower federal courts are entirely creatures of Congress, as is the appellate jurisdiction of the Supreme Court."

Democrats cited an 1803 Supreme Court decision in which the court asserted its role as the arbiter of what the Constitution says. But Sensenbrenner said the Constitution gives the high court original jurisdiction only in cases affecting foreign officials or when a state is involved. In other appellate cases, he contended, the court is subject to congressional regulations.

Many Democrats said the real objective of Thursday's debate was to force them into an unpopular vote just weeks before the election.

"This bill has been brought to the floor to embarrass some members, so I respect whatever decisions they have to make in light of the motivations behind it," said Minority Leader Nancy Pelosi, D-Calif. In the end, 34 Democrats voted for the bill and six Republicans opposed it.

Rep. Mel Watt, D-N.C., offered an amendment that would have returned the legislation to its original form, under which lower federal courts were barred from ruling on the pledge but the Supreme Court retained its authority. It was defeated, 217-202.

There is no direct precedent for making exceptions to the Supreme Court's appellate jurisdiction, said Rep. Judy Biggert, R-Ill., who backed the original bill and the Watt amendment but voted against the final version.

"The issue today may be the pledge, but what if the issue tomorrow is Second Amendment (gun) rights, civil rights, environmental protection, or a host of other issues that members may hold dear?" she asked.

A slightly different version of the pledge first appeared in 1892, on the 400th anniversary of Columbus' voyage to America. In 1942 Congress included it in the U.S. flag code.

"Under God" has been part of the pledge since 1954, when Congress passed and President Eisenhower signed a law amending the pledge to include the phrase.

The bill is H.R. 2028.
On the Net:
Congress:
http://thomas.loc.gov/

Copyright 2004 The Associated Press.
http://wire.jacksonville.com/pstories/20040924/2464728.shtml

TracGunny
09-24-04, 10:30 AM
I am by no means a scholar of the Constitution, however, it does seem to me that the Supreme Court (and lesser courts) has over-stepped its bounds in the last few decades by deciding law - four or more NON-ELECTED individuals, in the case of the Supreme Court, deciding Law - instead of the elected representatives or the States themselves through their elected representatives. Of course liberals want this... they can impose their will and corrupt view of societal morality upon the majority using the Liberal Courts... so much for elected representation, the liberals and liberal courts have made a mockery of that... - TG

Article III.

Section. 1.

The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section. 3.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

http://www.archives.gov/national_archives_experience/charters/constitution_transcript.html

yellowwing
09-24-04, 11:28 AM
There is no direct precedent for making exceptions to the Supreme Court's appellate jurisdiction, said Rep. Judy Biggert, R-Ill., who backed the original bill and the Watt amendment but voted against the final version.

"The issue today may be the pledge, but what if the issue tomorrow is Second Amendment (gun) rights, civil rights, environmental protection, or a host of other issues that members may hold dear?" she asked.


Rep. Judy must read my posts in Leatherneck! Glad to have a fan like that. :)