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Judicial Advocates of the Ninth U.S. Circuit Court Says Pledge Unconstitutional and God is Dead

For Immediate Release. March 3, 2003The Bush Administration requested the Ninth United States (U.S.) Circuit Court of Appeals to reconsider its decision that the Pledge of Allegiance is unconstitutional because of the phrase “under God.”  On February 28, 2003, the federal appeals court rejected this request.  To stop reciting the pledge, public schools in nine states with some 9.6 million students have until March 10, 2003.

Once again the Ninth United States U.S. Circuit Court of Appeals tried to be the national policy makers of this nation.  The justices of this court no longer protected the rights guaranteed by the Constitution but violated the liberties that it protects.  Tragically, “judicial restraint” has fallen away to decisions based principally on the justices’ “ideological preferences.”

In June 2002, a three-judge panel of the Ninth U.S. Circuit Court of Appeals ruled 2-1 on a lawsuit brought by Sacramento atheist Michael Newdow, that when recited in public classrooms the pledge is unconstitutional.

The phrase was an endorsement of God, and the Constitution forbids public schools or other governmental entities from endorsing religion said the court.

However, the judicial activists of this court have misinterpreted the “establishment clause,” of the First Amendment of the Constitution.  By denying the use of “God,” the court is establishing a law that endorses the belief that there is no God.  The Constitution protects the free use of the term “God” in the pledge.  Once God is restricted from the pledge, the Constitution has been violated.  The use of the term “God” is not the establishment of a national religion as was the case with the Church of England.  Unfortunately, the justices have erroneously interpreted the First Amendment “establishment clause” narrowly instead of broadly as the Founding Fathers intended it to be used.

Compared to other countries, the U.S. has prospered faster and has become the greatest nation in the history of the world.  God’s gift of freedom and most importantly His blessings are the reason for this.  For the U.S. to remain a free, prosperous and unique nation, it must recognize that it is a nation under the authority and providence of God.  As a country America must reaffirm the idea that she is a nation of people who must give allegiance to God.  President Eisenhower said it so eloquently when he said that the reason he signed the act of Congress that added the words “under God” to the pledge was that “From this day forward, the millions of school children will daily proclaim in every city and town, every village and rural school house, the dedication of our nation and our people to the Almighty.”

“God has proclaimed that it is righteousness that exalts a nation,” said Dr. Joel P. Rutkowski, president of the American Voice Institute of Public Policy.  “And if Americans standby and continue to let these justices assault the religious freedom that has made this a great nation, then there also will be a corresponding decline in the greatness of America-if it has not happened already.”

For Interviews Contact:

Joel P. Rutkowski, P.h.D.
President, The American Voice Institute Of Public Policy

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