Mr. Madison's Miracle of Rare Device:
The
Pledge of Allegiance is an unconstitutional State endorsement of God and
religion.
Patriotism is independent of God and of religion. God and
religion are independent of liberty and of justice. The word "God" does
not appear in the Constitution. God is just an opinion. God is not
necessary for good citizenship. The State has no
religion.
Prohibiting an establishment of religion incorporates,
but is more comprehensive than, prohibiting an establishment of a
religion.
Prohibiting an establishment of religion incorporates, but is
more comprehensive than, prohibiting an establishment of one
religion.
Prohibiting an establishment of religion incorporates, but is
more comprehensive than, prohibiting an establishment of any several
religions.
No one of the five First Amendment (1791) freedoms
(religion, speech, press, assembly, petition) is absolute, e.g. one cannot
say anything, anywhere, anytime. The Fourteenth Amendment (1868) extends
privileges and immunities under federal law to state and local
laws.
A public schoolteacher leading students in oral classroom
prayer is unconstitutional. A public schoolteacher leading students in a
pledge asserting God's existence and the State's subordination to God or
dependence upon God or protection by God is likewise unconstitutional. The
innumerable repetitions of teacher led pledging in the public schools make
this an egregious violation.
Article I Clause 5 Section 2 of the US
Constitution gives each chamber of Congress the right to determine the
rules of its proceedings. This is Congress' authority to begin a session
with prayer. Congress might just as well begin a session with a
heavyweight title fight or fashion show or all three. Congress may be led
in prayer by a chaplain under the same authority, but must pass a law in
order to pay him from the public treasury. Such a law is unconstitutional.
Prayer by Congress is bad form, sets a bad example, and confuses the
citizenry, but is not unconstitutional. Worse however, lesser bodies than
Congress, such as state legislatures and city councils, imitate Congress
and begin sessions with prayer. Such prayer is unconstitutional.
References to God in state constitutions are
unconstitutional.
Article III, Section 1 of the Constitution
specifies that there be a supreme Court, but the Constitution is silent
about the proceedings of the Court. The Court is co-equal. No chaplain is
remunerated. The Court has the last word on constitutionality. Who's to
tell them not to pray? The Court prays briefly and by praying shows their
prayer is constitutional.
The Congress, President, Vice President,
and Supreme Court have special status because they are invented by the
Constitution.
Not-God is just an
opinion.
*****
Here is a new, better Pledge:
I pledge allegiance to our free democratic constitutional just Republic, the United States of America.
*****
Madison, Hamilton,
et al. wrote the US Constitution without using "God" and without using
"flag." Modern legislators stumble over themselves trying to insert either
or both. Perhaps these moderns never understood the Constitution and
Republic bequeathed to them. Clearly, the Republic envisioned by Messrs.
Madison and Hamilton is one in the secular no frills style.
The
American Revolution began in 1775, the Declaration of Independence was
written in 1776, the flag was adopted in 1777, and the US Constitution was
written in 1787. Madison, more than anyone else, made the Constitution. He
was President during the War of 1812, the War during which "The Star
Spangled Banner," a song about the flag, was written. He outlived
everybody who was anybody during those early years, even Betsy Ross and
John Marshall, and died in 1836 almost 50 years after the Constitution's
writing. When he died, "God" and "flag" were not part of the Constitution.
Today, one and two thirds centuries after his death, "God" and "flag" are
still not part of the Constitution. Madison had ample time to reconsider
the omission of "God" and "flag," and evidently did not regret their
absence.
"Under God" means subordinate to God, or dependent upon
God, or protected by God. These are not sentiments the government should
endorse. The US Constitution prohibits the government from endorsing such
sentiments among public schoolchildren time and again.