Protects Pledge But Judicial Activism Says Its Unconstitutional
For Immediate Release.
June 25, 2002 Judicial
activism once again has misinterpreted the “establishment clause” of
the First Amendment of the Constitution when on June 26, 2002, the Ninth
U.S. Circuit Court of Appeals overturned a 1954 act of Congress inserting
the phrase “under God” after the words “one nation” in the pledge.
The phrase violates the so-called “establishment clause” in the
Constitution that requires a separation of church and state according
to the court. For many years now, the courts have failed to act with
restraint, and have not deferred to the policy-making prerogatives of
democratically-elected officials and institutions such as the Congress,
the President, and state legislatures. Instead they have promoted judicial policy
The First Amendment’s
“establishment clause” must be interpreted narrowly rather than broadly. This is clearly observed from other acts and
writings of the Founding Fathers, particularly James Madison and Thomas
Jefferson. It surely does not mean that all religious
influence and traditions in public and national life are prohibited
by the declaration that “Congress shall make no law respecting an establishment
of religion.” Simply what the
“establishment clause” means
is that the federal government may not establish a state church or give
any church or denomination legal preference.
Dependence on God has
been acknowledged by this nation from its earliest days. For example, prayer has always opened each session of Congress given
by a chaplain employed by the government, and to its members this chaplain
can provide religious counsel. A
depiction of the Ten Commandments is prominently displayed on the walls
of the Supreme Court. When the
President takes his oath of office he does so with his hand placed upon
a Bible. Proclamations calling
for days of thanksgiving or national prayer are frequently issued by
Presidents. Furthermore, in Presidential inaugural addresses,
God has been acknowledged by every President.
of God in public functions, in the Founding Fathers’ point of view and
in ninetieth-century America was never seen as a conflict between the
First Amendment’s ‘establishment clause;’ and rightfully so, since there
is none,” stated Dr. Joel P. Rutkowski, president of the American Voice
Institute of Public Policy.
Joel P. Rutkowski, P.h.D.
President, The American Voice Institute Of Public Policy
to the American Voice Institute of Public Policy Home Page