CALIFORNIA LEGISLATURE—
2001–2002 REGULAR SESSION
Senate Concurrent Resolution
No. 96
Introduced by
Senator
Haynes, Ackerman, Battin, Brulte, Johannessen, Johnson, Knight, Margett, McClintock, McPherson, Monteith, Oller
|
June 28, 2002 |
Relative to the Pledge of Allegiance.
LEGISLATIVE COUNSEL'S DIGEST
SCR 96, as introduced, Haynes.
Pledge of Allegiance.
This measure would make various findings with respect to the Pledge of Allegiance, and would request the Attorney General of this state to join the United States Justice Department in repudiating the decision of the 9th Circuit Court of Appeals in Newdow v. U.S. Congress, and requesting that the full 9th U.S. Circuit Court of Appeals and, if necessary, the United States Supreme Court overturn the decision.
Digest Key
Fiscal Committee:
YES WHEREAS, The United States flag represents freedom across the nation and across the globe, and the Pledge of Allegiance is a way for Americans to lift their voices in unity for their support of that freedom; and
WHEREAS, The United States flag represents the blood and the bravery of those who have sacrificed their lives for the principles of this country; and
WHEREAS, The Pledge of Allegiance unites all Americans in a way to show solidarity for their country, by reciting the words known for generations to all Americans; and
WHEREAS, Patriotism has been historically demonstrated through display and respect shown to the flag, including recitation of the Pledge of Allegiance; and
WHEREAS, The Pledge of Allegiance creates a sense of respect and awe for the flag and what it represents, which creates a unified bulwark of patriotism against the threat of terrorism and extremism in America, protecting the citizens from the threats faced by people in other countries; and
WHEREAS, The flag has played an important role unifying the citizens of this country during times of both crisis and abundance; and
WHEREAS, Since 1954, the words ‛under God‛ have been a part of the Pledge of Allegiance; and
WHEREAS, The Pledge of Allegiance remains codified as a United States statute; and
WHEREAS, The United States Supreme Court has never found the codification of the Pledge of Allegiance to be unconstitutional; and
WHEREAS, The United States Supreme Court has at no time ever found the Pledge of Allegiance itself to be unconstitutional; and
WHEREAS, In this trying time in our country, mere months after the worst single attack on American soil in our history, at a time of financial devastation and at an ethical ebb in the business world, at a time when our children are more violent and our prisons are overcrowded, we can ill-afford to create further disrespect for the freedoms and privileges of being Americans; and
WHEREAS, Recitation of the Pledge of Allegiance plays an important role in educating students in the history and purpose of the United States; and
WHEREAS, In 1989, the Legislature of the State of California enacted a statute protecting a student’s right to learn and recite the Pledge of Allegiance in the classroom; and
WHEREAS, The Senate of the State of California has passed, and the Assembly of the State of California is considering, Senate Bill No. 1248 of the 2001–02 Regular Session, which would further protect the honor and integrity of the Pledge of Allegiance in schools in this state; now, therefore, be it
Resolved by the Senate of the State of California, the Assembly thereof concurring, That the Legislature of the State of California hereby proclaims its recognition that the Pledge of Allegiance to the United States flag remains an important facet of patriotism; and be it further
Resolved, That the Legislature of the State of California requests that the Attorney General of this state join the United States Justice Department in repudiating the decision of the 9th U.S. Circuit Court of Appeals in Newdow v. U.S Congress (No. 00-16423), and requesting that the full 9th U.S. Circuit Court of Appeals and, if necessary, the United States Supreme Court overturn this decision that would dishonor the Pledge of Allegiance and, moreover, our United States flag; and be it further
Resolved, That the Secretary of the Senate transmit copies of this resolution to the author for distribution.