Pledge Protection Act
Encyclopedia
The Pledge Protection Act is a bill in the United States Congress
that seeks to deprive all Federal courts, including the Supreme Court
, of jurisdiction to hear constitutional challenges to the Pledge of Allegiance
or its recitation. The bill was first introduced in response to a constitutional challenge to the Pledge by atheist Michael Newdow
.
ruled the Pledge of Allegiance constitutional in the case of Newdow v. Elk Grove Unified School District
. Michael Newdow
, a prominent atheist who filed suit on behalf of his daughter, promised to appeal to the Ninth Circuit Court of Appeals.
The first decision of the Ninth Circuit was handed down on June 26, 2002, declaring that the words "under God" in the Pledge of Allegiance violated the Establishment Clause. The 'Pledge Protection Act' would be introduced into the House of Representatives for the first time on July 8, 2002, as part of the 107th Congress. Had the bill been successfully enacted into law, the decision of the Ninth Circuit would have stood, and the inclusion of "under God" in the Pledge remained unconstitutional. The law would have proscribed further appeal to the Supreme Court, but under the Ex post facto clause of the Constitution and the doctrine of the separation of powers
, the law could not vacate or modify any decisions already handed down.
An attempt to challenge Newdow's standing to sue on his daughter's behalf failed in the Ninth Circuit and would be the question that would result in the entire lawsuit being vacated by the United States Supreme Court on June 14, 2004. The bill would be reintroduced again in May 2003, but no action on it would take place until September 2004, after the Supreme Court's ruling vacating the lawsuit.
. Despite twice seeing success in the House of Representatives, it has never passed the Senate to be signed into law.
of the United States district courts:
from the Supreme Court:
The bill also called for this limitation to not apply to the Superior Court
or Court of Appeals
in the District of Columbia.
Originally referred to the House Judiciary Committee, it passed the committee and was referred to the floor on September 21, 2004, by a vote of 17 to 10. The bill passed the House of Representatives on September 23, 2004, by a vote of 247 to 173. The bill was passed on to the Senate on September 27, 2004, where no action on the bill would be taken.
The bill tied in committee by a 15 to 15 vote on June 28, 2006. In response Rep. Phil Gingrey
introduced House Resolution 920 on July 18, 2006, to provide for the bill to be considered on the floor. The resolution was adopted the next day by a vote of 257 to 168. After floor debate, the bill passed the House of Representatives by a vote of 260 to 167 the same day.
In the Senate the bill was introduced by Sen. Jon Kyl
as S. 1046 on May 17, 2005. It was referred to the Senate Judiciary Committee where no action was taken.
The American Civil Liberties Union
wrote a letter to Congress dated June 6, 2006, stating:
Americans United for Separation of Church and State
stated on their web site that the bill "undercuts the separation of powers between the different branches of government and limits the legal options of religious minorities."
Vikram Amar and Alan Brownstein, also writing for FindLaw, stated that under the bill "the time-honored principle that children may not be compelled to recite the Pledge, established over 50 years ago in West Virginia v. Barnette, would be unenforceable in federal court." They are pointing out that if a State were to pass a law requiring the recitation of the Pledge of Allegiance, under the bill if it were passed into law, even challenging those laws in Federal courts would not be permissible. They further draw attention to the question of the constitutionality of the bill:
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
that seeks to deprive all Federal courts, including the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, of jurisdiction to hear constitutional challenges to the Pledge of Allegiance
Pledge of Allegiance
The Pledge of Allegiance of the United States is an expression of loyalty to the federal flag and the republic of the United States of America, originally composed by Christian Socialist Francis Bellamy in 1892 and formally adopted by Congress as the pledge in 1942...
or its recitation. The bill was first introduced in response to a constitutional challenge to the Pledge by atheist Michael Newdow
Michael Newdow
Michael Arthur Newdow is an American attorney and emergency medicine physician. He is best known for his efforts to have recitations of the current version of the Pledge of Allegiance in public schools in the United States declared unconstitutional because of its inclusion of the phrase "under God"...
.
Newdow v. Elk Grove
On June 21, 2000, the United States District Court for the Eastern District of CaliforniaUnited States District Court for the Eastern District of California
The U.S. District Court for the Eastern District of California is composed of six divisions.The Bakersfield division has jurisdiction over certain cases in Inyo and Kern counties and on federal lands and National Parks...
ruled the Pledge of Allegiance constitutional in the case of Newdow v. Elk Grove Unified School District
Elk Grove Unified School District v. Newdow
Newdow v. United States Congress, Elk Grove Unified School District, et al., 542 U.S. 1 , was a lawsuit originally filed in 2000 which led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit that the words "under God" in the Pledge of Allegiance are an endorsement of...
. Michael Newdow
Michael Newdow
Michael Arthur Newdow is an American attorney and emergency medicine physician. He is best known for his efforts to have recitations of the current version of the Pledge of Allegiance in public schools in the United States declared unconstitutional because of its inclusion of the phrase "under God"...
, a prominent atheist who filed suit on behalf of his daughter, promised to appeal to the Ninth Circuit Court of Appeals.
The first decision of the Ninth Circuit was handed down on June 26, 2002, declaring that the words "under God" in the Pledge of Allegiance violated the Establishment Clause. The 'Pledge Protection Act' would be introduced into the House of Representatives for the first time on July 8, 2002, as part of the 107th Congress. Had the bill been successfully enacted into law, the decision of the Ninth Circuit would have stood, and the inclusion of "under God" in the Pledge remained unconstitutional. The law would have proscribed further appeal to the Supreme Court, but under the Ex post facto clause of the Constitution and the doctrine of the separation of powers
Separation of powers under the United States Constitution
Separation of powers is a political doctrine originating from the United States Constitution, according to which the legislative, executive, and judicial branches of the United States government are kept distinct in order to prevent abuse of power. This U.S...
, the law could not vacate or modify any decisions already handed down.
An attempt to challenge Newdow's standing to sue on his daughter's behalf failed in the Ninth Circuit and would be the question that would result in the entire lawsuit being vacated by the United States Supreme Court on June 14, 2004. The bill would be reintroduced again in May 2003, but no action on it would take place until September 2004, after the Supreme Court's ruling vacating the lawsuit.
Legislative History
The bill was first introduced into the 107th Congress. Each time it has been introduced, it has always been by Rep. Todd AkinTodd Akin
William Todd Akin is the U.S. Representative for , serving since 2001. He is a member of the Republican Party.The district includes the western St. Louis suburbs of Ballwin, Kirkwood, Chesterfield, Wildwood, Town and Country, and Des Peres located along Interstate 270 in West County and the...
. Despite twice seeing success in the House of Representatives, it has never passed the Senate to be signed into law.
107th Congress
The 'Pledge Protection Act of 2002' was introduced into the 107th Congress as H.R. 5064 on July 8, 2002, by Rep. Todd Akin. It was referred to the House Subcommittee on the Constitution where it died. The legislation would have added a restriction on the original jurisdictionOriginal jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
of the United States district courts:
No court established by Act of Congress shall have jurisdiction to hear or determine any claim that the recitation of the Pledge of Allegiance, as set forth in section 4 of title 4, violates the first article of amendment to the Constitution of the United States.
108th Congress
The 'Pledge Protection Act of 2003' was introduced into the 108th Congress as H.R. 2028 on May 8, 2003. The text of the legislation expanded upon that introduced in the 107th Congress to not only restrict the original jurisdiction of the district courts, but also strip appellate jurisdictionAppellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
from the Supreme Court:
No court created by Act of Congress shall have any jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide any question pertaining to the interpretation of, or the validity under the Constitution of, the Pledge of Allegiance, as defined in section 4 of title 4, or its recitation.
The bill also called for this limitation to not apply to the Superior Court
Superior Court of the District of Columbia
The Superior Court of the District of Columbia is the local trial court for the District of Columbia. It hears cases involving criminal and civil law. The court also handles specialized cases in the following areas: family court, landlord and tenant, probate, tax, and traffic offenses...
or Court of Appeals
District of Columbia Court of Appeals
The District of Columbia Court of Appeals is the highest court of the District of Columbia. Established by the United States Congress in 1970, it is equivalent to a state supreme court, except that its power derives from Article I of the U.S. Constitution rather than from the inherent sovereignty...
in the District of Columbia.
Originally referred to the House Judiciary Committee, it passed the committee and was referred to the floor on September 21, 2004, by a vote of 17 to 10. The bill passed the House of Representatives on September 23, 2004, by a vote of 247 to 173. The bill was passed on to the Senate on September 27, 2004, where no action on the bill would be taken.
109th Congress
Going on the progress made by the bill in the 109th Congress, Rep. Akin reintroduced the bill as the 'Pledge Protection Act of 2005' on May 17, 2005, as H.R. 2389. The text of the legislation was identical to that introduced in the 108th Congress with only minor formatting and organization changes.The bill tied in committee by a 15 to 15 vote on June 28, 2006. In response Rep. Phil Gingrey
Phil Gingrey
John Phillip "Phil" Gingrey, is the U.S. Representative for , serving since 2003. He is a member of the Republican Party. The district is located in the northwestern suburbs of Atlanta.-Early life, education and career:...
introduced House Resolution 920 on July 18, 2006, to provide for the bill to be considered on the floor. The resolution was adopted the next day by a vote of 257 to 168. After floor debate, the bill passed the House of Representatives by a vote of 260 to 167 the same day.
In the Senate the bill was introduced by Sen. Jon Kyl
Jon Kyl
Jon Llewellyn Kyl is the junior U.S. Senator from Arizona and the Senate Minority Whip, the second-highest position in the Republican Senate leadership. In 2010 he was recognized by Time magazine as one of the 100 most influential people in the world for his persuasive role in the Senate.The son...
as S. 1046 on May 17, 2005. It was referred to the Senate Judiciary Committee where no action was taken.
110th Congress
The 'Pledge Protection Act of 2007' was introduced into the 110th Congress as H.R. 699 on January 29, 2007. It was referred to the House Subcommittee on the Constitution, Civil Rights, and Civil Liberties, where no action was taken. The bill had the same text as that introduced in the 109th Congress.Criticisms
Marci Hamilton, writing on the legal site FindLaw, stated that the bill was an attempt to "deprive the federal courts of jurisdiction to check Congress's wayward ways -- in an arena where Congress was specifically believed by the Framers to be dangerous."The American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
wrote a letter to Congress dated June 6, 2006, stating:
An effort to deny the federal courts, particularly the U.S. Supreme Court, of jurisdiction over the very sort of claim they were established to hear–governmental conduct that violates a constitutional right–is an extreme attack on the role of federal courts in our system of checks and balances. It strikes at the very intent of the Founders.
Americans United for Separation of Church and State
Americans United for Separation of Church and State
Americans United for Separation of Church and State is a group that advocates separation of church and state, a legal doctrine interpreted by AU as being enshrined in the Establishment Clause of the First Amendment to the United States Constitution.-Mission:The guiding principle of Americans...
stated on their web site that the bill "undercuts the separation of powers between the different branches of government and limits the legal options of religious minorities."
Vikram Amar and Alan Brownstein, also writing for FindLaw, stated that under the bill "the time-honored principle that children may not be compelled to recite the Pledge, established over 50 years ago in West Virginia v. Barnette, would be unenforceable in federal court." They are pointing out that if a State were to pass a law requiring the recitation of the Pledge of Allegiance, under the bill if it were passed into law, even challenging those laws in Federal courts would not be permissible. They further draw attention to the question of the constitutionality of the bill:
If a federal court thinks that it violates the Establishment Clause to include the words "one nation under god" in a publicly recited pledge, then that court would probably also think it violates the Establishment Clause for Congress to deprive federal courts of the power to hear cases precisely in order to permit the Pledge to be illegally recited.