Pledge of Allegiance, Research Paper Example

Abstract

This paper tackles the salient points of the case Elk Grove Unified School District v. Newdow. In order to understand the important aspects of the case, this paper also elucidates on the decision of the Supreme Court regarding the case and how such decision impacted the American society. This paper also explains why the Pledge of Allegiance is not a religious issue but rather a show of respect for the United States of America. In addition, this paper explains why schools should continue to recite the Pledge of Allegiance.

Pledge of Allegiance

Salient Points of Elk Grove Unified School v. Newdow

There are two main arguments that were presented in the case of Elk Grove Unified School v. Newdow. The first argument posed a question of whether or not Michael Newdow has a legal standing to challenge the constitutionality of the recitation of the pledge of allegiance in school. The second argument is whether or not the wording “Under God” on the pledge is a direct violation of the Establishment Clause of the First Amendment. These arguments are rooted from the voluntary recitation of the Pledge of Allegiance by the students in school. The Supreme Court ruled in favor of the school by stating that Michael Newdow did not have a legal standing to challenge the constitutionality of the recitation of the Pledge of Allegiance. In this regard, there was no conclusion made as to constitutionality of the “Under God” wording contained in the Pledge of Allegiance (Prouser, 2005).

Levels of the Court before Supreme Court

In the year 2000, Michael Newdow filed a law suit against the Elk Grove Unified School District. Newdow stated that the “under God” words in the Pledge of Allegiance is unconstitutional as it aims to establish religion and therefore, the daily recitation of the Pledge in school is interfering with Newdow’s own right to instruct his daughter with his preferred religious belief. U.S Magistrate Judge Peter Nowinski declared that the Pledge did not violate any provisions in the Constitution of the United States and was, therefore, constitutional. With this finding, the District Court in 2001 dismissed the case. Newdow, then, made an appeal in the U.S Court of Appeals, Ninth Circuit. As a result the Ninth Circuit provided 3 different opinions regarding the case such as 1) finding Newdow to have a legal standing to challenge the constitutionality of the Pledge although he does not have full custody of his daughter. This is a reversal of the ruling provided for in the trial court. It further concluded that the Pledge of Allegiance violated the Establishment Clause; 2) The U.S Court of Appeals, Ninth District upheld its decision that Newdow had the legal standing to challenge the Pledge of Allegiance despite the interference of the mother of the child stating that the daughter did not have any problems with reciting the Pledge, and; 3) The Court amended its opinion and declined to address the declaratory relief on the constitutionality of the Pledge being sought by Newdow. Hence, the case was brought before the Supreme Court to finally address the questions of Newdow’s legal standing to challenge the constitutionality of the Pledge of Allegiance’s “Under God” wording and whether or not the Pledge violated the First Amendment.

Decision of the Supreme Court

After the Supreme Court reviewed the case at hand, it decided that Newdow did not have any legal standing to challenge the constitutionality of the wordings “Under God” contained in the Pledge of Allegiance. This is due to the fact that the Supreme Court did not find Newdow to have a sufficient custody of his daughter. Therefore, he did not have any grounds or legal right to represent his daughter in the case brought forth before the Courts. However, due to the finding, the High Court was not able to determine the constitutionality of the “Under God” in the Pledge. The case was dismissed and therefore there is nothing to rule on. With this, the recitation of the Pledge of Allegiance was considered to be constitutional and not in violation of the First Amendment.

Fundamental Impact of the Decision to the American Society

The decision of the Supreme Court has sparked a great deal of controversy between the religious and non-religious sectors all across the country. This is particularly true when the appellate court ruled in favor of Michael Newdow. The case, as it is, is just clouded with political controversies and the Supreme Court might have given in with the implications that might occur from ruling on the case. Therefore, the justices dodged such implications by terminating the case solely on procedural grounds. The truth of the matter is that the failure of the Supreme Court justices to make a determination on the case at hand raises more questions than what Newdow brought before the courts as they left the questions open for public and private debate. More importantly, it cannot be denied that such an act of the Supreme Court justices brings forth questions on whether or not the judges of the United States of America understand the law or merely ignoring them. Society is now asking whether or not it is ethically acceptable for judges to promote their own values, beliefs and ideologies at the cost of the law.

But it cannot be denied that the ruling of the Supreme Court on the case has affected the society greatly. It is imperative to assume that the decision of the Ninth Circuit will not promote non-involvement but rather resentment towards religion. It can provide a hostile environment for people who practices religion for the fear of offending someone and vice versa. The law and everyone who is involved and connected to it must provide a peaceful and harmonious environment for every citizen. But politics and controversies divide the nation than uniting it.

Pledge of Allegiance: Religious Issue or Respect for the United States

The controversy between the separation of the church and the state can be summed up in the Pledge of Allegiance. The main issue is whether or not the recitation of it a religious issue or respect for the United States of America. In order to give an accurate response to it, the society has to take a look at why the words “Under God” were incorporated into the Pledge.  The words were not incorporated in the Pledge to turn it into a prayer but rather to show respect for the United States of America. However, it must be noted that the word God does not necessarily used in the context of Christianity but rather as a form of respect to other religion that are non-Christians and the nation in general. It is not considered as a prayer or an endorsement of certain religion (Martin, 2008). It encompasses religion and transcends into one nation united, free and loyal to its motherland. It does not, in any way, meant to offend non-believers as the Pledge is not forced upon anyone. People who do not believe in God can choose not to recite the Pledge and they can also choose not to utter the words “Under God”.

Recitation Pledge of Allegiance in Schools

The Pledge of Allegiance should be recited in schools as it always has been. The country needs patriotism and nationalism and the recitation of the Pledge will teach the younger generations of the importance of being united and loyal to their motherland. In a country where diversity is very apparent, there is a need to have at least one important thing to unite the people and that is the allegiance to the Republic (Ellis, 2005). The Pledge of Allegiance is also a form of agreement between the people and the government, a form of unison and goal to maintain peace and harmony. It is also a form of contract that reminds people that the society as a whole must strive to preserve the Constitution and uphold the law as what the founding fathers of the nation would have wanted in the first place.

More importantly, the recitation of the Pledge of Allegiance in schools will teach the students the importance of the preservation of the American dream and freedom that can only be attained through unity and democracy. Undeniably, a lot of people do not understand the importance of the Pledge of Allegiance and it is the duty of every teacher and school to educate the young to allow them to understand what it means to Pledge Allegiance to the United States of America (Rife, 1998).

References

Ellis, R. (2005). To the Flag: The Unlikely History of the Pledge of Allegiance. Lawrence: University of Kansas Press.

Martin, L. (2008). Examining the Pledge of Allegiance. Social Studies, 99(3): 127-131.

Prouser, R. (2005). Elk Grove Unified School District v. Newdow. Journal of Gender, Social Policy & the Law, 13(1), 235-248.

Rife, D. (1998). Pledge of Allegiance: Revised & Updated. Carthage, IL: Teaching & Learning Company.