The Pledge case

By Joseph Farah

I’ve never been emotional about the Pledge of Allegiance.

I’m much more concerned at the way our nation is eviscerating the Constitution of the United States than I am about symbols like the pledge and the flag.

But, nevertheless, it’s going to be interesting next year when the U.S. Supreme Court determines whether or not the pledge – voluntarily recited by schoolchildren across America – is somehow an unconstitutional breech of the establishment clause of the First Amendment.

If this court decides the pledge is illegal, the court will have some explaining to do. The increasingly activist justices will need to explain:

  • why the Founders invoked God so often in their own public proclamations;

  • why the Declaration of Independence refers to God or the Creator four times;

  • why the Constitution refers to the “year of our Lord”;

  • why the House of Representatives and the U.S. Senate are permitted to begin each session with prayer;

  • why our coinage says: “In God We Trust”;

  • why the Supreme Court itself is ushered into its chambers and announced, “God Save the United States and this Honorable Court”;

Let’s get real. The pledge cannot possibly violate the Constitution for the following reasons:

  • It is 100 percent voluntary. No one is required to say it.

  • It is non-sectarian and in no way attempts to establish a state religion.

  • It is in the tradition of the Constitution and other founding documents that cite God and God’s authority.

But mark my words. There is an excellent chance the U.S. Supreme Court, as currently constituted with a majority of activist judges who have no respect for the original intent of the Constitution, will support the Ninth Circuit Court of Appeals that found the pledge illegal.

Many court observers fully expected the Supreme Court would matter-of-factly overturn the bogus decision of the Ninth Circuit, as it has routinely in the past. But the court didn’t do that. Instead, the court agreed to hear the appeal next year, suggesting there is no clear consensus.

What’s so complicated about this case? It could be decided by a schoolkid.

The Supreme Court’s willingness to hear this case does not suggest, as some believe, it is ready, willing and able to overturn the Ninth Circuit. On the contrary, I believe the court is preparing to find justification for the decision. It has a year to do it.

But let’s remember: What’s taking place on this case, while important, is symbolic of a much bigger issue.

The pledge is not the real issue. The flag is not the real issue. The real issue for the enemies of America – enemies who include the American Civil Liberties Union and some members of the U.S. Supreme Court – is the Constitution.

The flag and the pledge are important symbols of the hard-won freedom we experience in the United States. That freedom, our founders reminded us, was God-given and protected by the U.S. Constitution. Thus, the Constitution is a symbol, too. But, at the same time, it is much more than a symbol. It is the guidepost to maintaining America’s freedom.

Yet the Constitution can only serve that function if we as a nation abide by it, pay heed to it, live by its code and its spirit.

Supporters of the pledge and champions of the flag like to say they must be protected because they help bind America together. Not so. What is supposed to bring Americans together – not bind them, but bring them together voluntarily – is a political creed, one best articulated by the founding documents, the Declaration of Independence and the Constitution.

And that’s why they are under attack by America’s enemies as never before.


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Joseph Farah

Joseph Farah is founder, editor and chief executive officer of WND. He is the author or co-author of 13 books that have sold more than 5 million copies, including his latest, "The Gospel in Every Book of the Old Testament." Before launching WND as the first independent online news outlet in 1997, he served as editor in chief of major market dailies including the legendary Sacramento Union. Read more of Joseph Farah's articles here.