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» Film-Tech Forum ARCHIVE   » Community   » Film-Yak   » The Pledge of Alligiance has been ruled "Unconstitutional" (Page 2)

 
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Author Topic: The Pledge of Alligiance has been ruled "Unconstitutional"
Dave Williams
Wet nipple scene

Posts: 1836
From: Salt Lake City, UT, USA
Registered: Jan 2000


 - posted 06-27-2002 03:40 PM      Profile for Dave Williams   Author's Homepage   Email Dave Williams   Send New Private Message       Edit/Delete Post 
The ruling requires that no one recites the pledge at all. The speaking of it is unconstitutional according to the 9th district court (which will surely be overturned by the good old supreme court).

Here is a breakdown of our current pledge of allegance...

I Pledge Allegiance (assuming that allegience means that someone is willing to die for a cause)...
To The Flag (mind you that a FLAG is a symbol of something greater than itself)...
Of the United States Of America (thats the USA for the reading impaired)...
And to the REPUBLIC (yes we are a republic, not a democracy people)...
For Which IT Stands (referring to the FLAG that is standing for the REPUBLIC)...
One Nation (thats referring to the country as a whole, not as a nation full of individuals creating mob rule)...
UNDER GOD (this goes to the core of the first ammendment here, the so called seperation of church and state clause. remember that the ammendment does not prohibit the combining of the two, but only prohibits the government from ever establishing an official state sponsored government, and also prevents the government from ever prohibiting anyone from ever practicing any from of religeos practice at thier own leisure)...
Indivisible (once again showing that we unite together for a common good, not separate to get as many toys as possible before our neighbor does)...
With Liberty (the freedom to choose whether or not to make the pledge itself)...
And Justice (the governmental rule that keeps us from screwing with our neighbors just becuase we like to see them squeal)..
FOR ALL (thats for everyone, and this guy who filed the suit truly did not understand the pledge, nor did the judges)....

It is our choice to take the pledge, but whether we take it or not, we as citezens are protected by it nonetheles..

Dave

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Jim Ziegler
Jedi Master Film Handler

Posts: 753
From: West Hollywood, CA
Registered: Jul 99


 - posted 06-27-2002 03:41 PM      Profile for Jim Ziegler   Email Jim Ziegler   Send New Private Message       Edit/Delete Post 
You know, the Dec. of Independance mentions God in a few places.. Is it unconstitutional? If so, are we all British now?

If this guy doesn't like the pledge, he can put his kid in private school.. After all, that is what thousands of Christian parents are told when they object to the content of some public school curriculum.

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Dave Williams
Wet nipple scene

Posts: 1836
From: Salt Lake City, UT, USA
Registered: Jan 2000


 - posted 06-27-2002 04:03 PM      Profile for Dave Williams   Author's Homepage   Email Dave Williams   Send New Private Message       Edit/Delete Post 
Court Puts Pledge Ruling on Hold
Thu Jun 27, 4:36 PM ET
By DAVID KRAVETS, Associated Press Writer

SAN FRANCISCO (AP) - A day after he shocked the nation by declaring the Pledge of Allegiance unconstitutional, a federal appeals court judge put his ruling on hold Thursday.

Circuit Judge Alfred T. Goodwin, who wrote the 2-1 opinion that said the phrase "under God" violates the separation of church and state, stayed his ruling until other members of the 9th U.S. Circuit Court of Appeals ( news - web sites) decide whether to change course.

The appeals court can rehear the case with the same three judges, or an 11-judge panel.

Goodwin's action Thursday has no immediate impact, since the ruling already was on hold by court rules for 45 days to allow for any challenges.

Vikram Amar, a Hastings College of the Law scholar who closely follows the appeals court, said the latest ruling means that, for now, Wednesday's opinion finding the pledge unconstitutional "has no legal force or effect."

"They're acknowledging the likelihood that the whole 9th Circuit may take a look at this," Amar said.

Goodwin flabbergasted people across the political spectrum when he declared that reciting the Pledge of Allegiance in public schools is unconstitutional because the phrase "one nation under God" — inserted by Congress in 1954 — amounts to a government endrosement of religion.

Legal scholars immediately said the ruling would probably be overturned by the U.S. Supreme Court ( news - web sites), if not reversed beforehand by the 9th Circuit.

"I would bet an awful lot on that," said Harvard University scholar Laurence Tribe.

The lawsuit was brought by a California atheist who did not want his second-grade daughter to be forced to listen to the pledge.

Goodwin said leading schoolchildren in a pledge that says the United States is "one nation under God" is as objectionable as asking them to say "we are a nation `under Jesus,' a nation `under Vishnu,' a nation `under Zeus,' or a nation `under no god,' because none of these professions can be neutral with respect to religion."

Dave

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Chad Souder
Jedi Master Film Handler

Posts: 962
From: Waterloo, IA, USA
Registered: Feb 2000


 - posted 06-27-2002 06:26 PM      Profile for Chad Souder   Email Chad Souder   Send New Private Message       Edit/Delete Post 
Did anyone else hear the audio clip of the guy who filed the suit being asked if he wanted "In God We Trust" removed from currency? His response was something to the effect of, "Actually, I started going after removing it from the currency, but realized it was too hard, so I changed the case to the Pledge. This is a starter case."

Further, he's using is young daughter as a case for his argument, parading her around and making her get barraged with questions. He should get punished for the damage he's sure to be doing to her. 'Hey honey, whether you think you should or not, just say what daddy told you to say, and I'll buy you some ice cream'.

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Thomas Procyk
Phenomenal Film Handler

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From: Royal Palm Beach, FL, USA
Registered: Feb 2002


 - posted 06-27-2002 09:23 PM      Profile for Thomas Procyk   Email Thomas Procyk   Send New Private Message       Edit/Delete Post 
Does this also go the other way and imply that a church can't fly or display an American flag, or have a 4th-of-July bazzar?

Seems to me, if this is such a big deal, someone should have spoken up back in 1954...

=TMP=

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Richard Hamilton
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From: Evansville, Indiana
Registered: Jan 2000


 - posted 06-27-2002 10:11 PM      Profile for Richard Hamilton   Email Richard Hamilton   Send New Private Message       Edit/Delete Post 
I just saw on the local news that a former teacher is suing the school board for 1 million dollars because he wasn't allowed to teach his religious beliefs.

I think I'll sue some old teachers......they were nuns.

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John T. Hendrickson, Jr
Jedi Master Film Handler

Posts: 889
From: Freehold, NJ, USA
Registered: Apr 2001


 - posted 06-28-2002 07:36 AM      Profile for John T. Hendrickson, Jr   Email John T. Hendrickson, Jr   Send New Private Message       Edit/Delete Post 
In essence, there is a wrestling match going on here between the establishment clause ("Congress shall make no law respecting an establishment of religion")and the exercise clause ("or prohibiting the free exercise thereof"). So, the Supreme Court will eventually rule on whether the reference to "one nation, under God" is indeed an establishment of religion. Further, they must answer the question of whether an individual's preference to include the phrase "under God" is a part of the individual's free exercise of religion. Depending on which side of the fence you stand, you can argue it either way.

There is another issue at stake. If the pledge is ruled unconstitutional, look for a 27th Amendment to be introduced in very short order. Although amending the Constitution is not an easy process, it could become a reality. But then again, the flag burning amendment that was proposed never made it.


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Leo Enticknap
Film God

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From: Loma Linda, CA
Registered: Jul 2000


 - posted 06-28-2002 09:04 AM      Profile for Leo Enticknap   Author's Homepage   Email Leo Enticknap   Send New Private Message       Edit/Delete Post 
US Supreme Court rules that public subsidy of religious schools is allowed by the Constitution.

I am now thoroughly confused. How can it be against the US Constitution for schoolchildren to make an alligance to God, but permissable for US Citizens' taxes to be used to fund religious schools?


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Adam Fraser
Master Film Handler

Posts: 499
From: Houghton Lake, MI, USA
Registered: Dec 2001


 - posted 06-28-2002 09:36 AM      Profile for Adam Fraser   Author's Homepage   Email Adam Fraser   Send New Private Message       Edit/Delete Post 
From what I have heard and seen. The money would be given to parents to do with as they choose in picking a school. If the parent picks a religious school, that is their choice. If the parent picks a arts based charter school, that is also their choice. In my opinion, the state is not supporting a religion because they are giving the parents the money to make their own choice on where to educate their children. Thus not directly involving the government subsidizing religion.

------------------
Adam Fraser
www.pinestheatre.com

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Chad Souder
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From: Waterloo, IA, USA
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 - posted 06-28-2002 10:10 AM      Profile for Chad Souder   Email Chad Souder   Send New Private Message       Edit/Delete Post 
John -
We got a 27th amendment in 1992. This would be a 28th.
http://memory.loc.gov/const/amend.html

------------------
"Asleep at the switch? I wasn't asleep, I was drunk!" - Homer Simpson

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Gerard S. Cohen
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From: Forest Hills, NY, USA
Registered: Sep 2001


 - posted 06-28-2002 12:09 PM      Profile for Gerard S. Cohen   Email Gerard S. Cohen   Send New Private Message       Edit/Delete Post 

Leo,
The pledge decision was rendered by a 3-judge U.S. Court of Appeals, with jurisdiction over 8 Western states (including Alaska & Hawaii.)
The school voucher decision, close at five to four, was rendered by the U.S. Supreme court in Washington. Different geography, numbers,
thinking and jurisdictions.
Gerard

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Paul G. Thompson
The Weenie Man

Posts: 4718
From: Mount Vernon WA USA
Registered: Nov 2000


 - posted 06-28-2002 02:12 PM      Profile for Paul G. Thompson   Email Paul G. Thompson   Send New Private Message       Edit/Delete Post 
They received enough flack from it that it was decided to put it on "hold."

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Paul Cassidy
Jedi Master Film Handler

Posts: 549
From: Auckland, New Zealand
Registered: Aug 2001


 - posted 06-28-2002 05:56 PM      Profile for Paul Cassidy   Author's Homepage   Email Paul Cassidy   Send New Private Message       Edit/Delete Post 
With our National Athem you can't escape the phrases "GOD" (God of Nations = the Title)and all New Citizens are required to sing the National Athem at there swearing in , although at the swearing in the have a PC right not to choose "GOD" ?????

God of nations at Thy feet
In the bonds of love we meet.
Hear our voices, we entreat,
God defend our Free Land.
Guard Pacific's triple star
From the shafts of strife and war.
Make her praises heard afar,
God defend New Zealand.

Men of ev'ry creed and race
Gather here before Thy face,
Asking Thee to bless this place,
God defend our Free Land.
From dissension, envy, hate,
And corruption guard our State,
Make our country good and great,
God defend New Zealand.

Peace, not war, shall be our boast,
But, should foes assail our coast,
Make us then a mighty host,
God defend our Free Land.
Lord of battles in thy might,
Put our enemies to flight,
Let our cause be just and right,
God defend New Zealand.

Let our love for Thee increase,
May Thy blessings never cease,
Give us plenty, give us peace,
God defend our Free Land.
From dishonour and from shame
Guard our country's spotless name
Crown her with immortal fame,
God defend New Zealand.

May our mountains ever be
Freedom's ramparts on the sea,
Make us faithful unto Thee,
God defend our Free Land.
Guide her in the nations' van,
Preaching love and truth to man,
Working out Thy Glorious plan,
God defend New Zealand.


------------------
A KIWI eats,roots & Leaves.


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David Favel
Jedi Master Film Handler

Posts: 764
From: Ashburton, New Zealand
Registered: Feb 2002


 - posted 06-30-2002 12:29 AM      Profile for David Favel   Email David Favel   Send New Private Message       Edit/Delete Post 
Wow, there's more than 1 verse?

I decided to, quietly, bugger off & watch the Rugby Super 12 Finals last year.

Someone saw me on Monday & saw me singing and yes dancing on T.V. to the National Anthem.

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Paul G. Thompson
The Weenie Man

Posts: 4718
From: Mount Vernon WA USA
Registered: Nov 2000


 - posted 06-30-2002 01:58 AM      Profile for Paul G. Thompson   Email Paul G. Thompson   Send New Private Message       Edit/Delete Post 
"I Pledge to Lyndon B. Johnson the National Debt, The Program of Poverty for which it stands, One man, indespensable, with Socialism and Taxes for all.

The first time I heard that one, I laughed so hard my face hurt.


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