e-Claire

"It's The Law" maybe

In discussing the Pledge wording with Xrlq, I ran across this little gem: There are states with laws that saying the Pledge, or some patriotic observance/ritual, is Mandatory!?! Now, what's that all about?!!? Will making children perform a patriotic ritual keep them safe from terrorists? Magical thinking, anyone? Colorado Texas Utah Virginia ["spineless pinkos" ?!?] Mini-soda Connecticut Pennsylvania Cahleefohrneeah According to the Education Commission of the States, 25 states require schools to include recitation of the pledge during the school day: Alaska, Idaho, Mississippi, New York, Utah, California, Illinois, Montana , North Dakota, Virginia, Delaware, Kansas, Nevada, Oregon, Washington, Florida, Maryland, New Jersey , Rhode Island, West Virginia, Georgia , Massachusetts, New Mexico, South Carolina, Wisconsin Oh professor; is this what they call "precedent?"

The U.S. Supreme Court determined in the 1943 case of West Virginia State Board of Education v. Barnette that forcing students to recite the pledge violates free speech and the establishment clause. Justice Robert Jackson wrote that the First Amendment expressly prohibits public officials from bolstering patriotism by compelling flag salutes and pledge recitations. "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein," Jackson wrote.

UPDATE: An excellent Pledge discussion over at Stupid Evil Bastard. Good blog -- Stupid Evil Bastard ["Sacred cows make the tastiest hamburger."] _____________________________________________

“And I have no doubt that every new example will succeed, as every past one has done, in showing that religion & Govt will both exist in greater purity, the less they are mixed together.” —James Madison , father of the Constitution, in his letter to Edward Livingston, July 10th, 1822

1. The quote from Madison reminded me thatm while “separation of church and state” is not in the U.S. Constitution, it has an illustrious heritage.  The phrase was coined in a letter Jefferson wrote to an association of Baptist clergymen who had thanked him for his work keeping the fingers of the state out of churches—i.e., it was a doctrine supported by churches who knew exactly what establishment would do to religious freedom in this country.

   Posted by  on  10/24/03  at  01:43 PM

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