The 9th Circuit Court of Appeals has
essentially declared the Pledge of Allegiance unconstitutional. This decisions is about the most rediculous piece of half-assed jurisprudence that has ever been created. The Court believes that the phrase "under God" is in violation of the Establishment Clause of the First Amendment. Let’s review that little phrase again, shall we?
Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peacably to assemble, and to petition the Government for a redress of grievances. (Emphasis mine)
This decision is clearly unconstitutional in itself, as it prohibits the free exercise of the religious beliefs of millions of American schoolchildren. The Pledge does not establish any religion, it simply acknowledges the existence of religion.
However, since the Court’s decision has not yet been overturned, I would suggest that the Declaration of Independence is also unconstitutional – just look as to why:
We hold these Truths to be self-evident, that all Men are created equal, that they are endowned by their C*****r with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness
How dare millions of schoolchildren be forced to learn such obvious Judeo-Christian propaganda! The 9th Circuit Court should immediately strike down the Declaration and the United States should immediately return to being a colonial protectorate of the British Empire!
In all seriousness, this is just a bad decision. Granted, the phrase "under God" isn’t everyone’s cup of tea, but using the power of the court system to take away the rights of those who wish to use the Pledge, be they states, teachers, or students themselves just for those who might disagree with that statement is a gross misuse of judicial power.