Ed Bryant, June 28, 2002

A week before the Fourth of July, a federal judge in San Francisco declared the Pledge of Allegiance unconstitutional, only to put his decision on hold the next day. If his decision is upheld by the full Court of Appeals, it would be illegal for students in the western states to say the Pledge at school. The court’s initial decision was wrong and an insult to our men and women in uniform protecting our nation from terrorism.

Since September 11th, Americans from different political and social groups have united under our flag. Schools across America, as well as the U.S. House and Senate, recite the Pledge every morning. It has become a part of our culture, and an important oath to take each day. The pledge is not just swearing allegiance to the flag, but for what the flag represents. Our flag is the symbol of our nation, and of freedom and democracy throughout the world.

The decision by the liberal Ninth Circuit Court that the words "under God" in the Pledge of Allegiance are unconstitutional could have wide-ranging ramifications if it is upheld. The full Star Spangled Banner includes a reference to God. An engraving in the House chamber says "In God We Trust," as does our money, which could mean it would be unconstitutional to conduct commerce. President Bush stated "so help me God," when he was sworn in as our nation’s 43rd president. The Supreme Court would be in violation of a lower court’s ruling, as they start their sessions with the Marshal stating "God save the United States and this Honorable Court."

A day after the Ninth Circuit’s ruling, both Democrat and Republican members of Congress gathered on the House floor to recite the Pledge to open the day’s proceedings. Later that day, the House overwhelming passed a resolution that I co-sponsored supporting the Pledge.

Two hundred and twenty six years ago, the Second Continental Congress passed the Declaration of Independence. The most cited line in the Declaration is "we hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness." The Declaration is our founding document, it lays out the reasons why our forefathers believed it necessary to dissolve the political bonds between the then-Colonies and Great Britain. It is telling that Thomas Jefferson cites our Creator, and not the law of man, in giving us unalienable rights.

Unfortunately, rulings such as the Ninth Circuit’s will be more common if we do not clear the backlog of judges awaiting confirmation in the Senate. Currently, the Sixth Circuit Court of Appeals, where federal appeals from Tennessee are heard, has only half the judges it is authorized to have. The President has nominated highly qualified judges, but there are some who are refusing to let these judges have their nominations taken up in the Senate.

This July 4th, I hope that you will be able to pledge allegiance to our flag, and keep in your thoughts the brave men and women who are fighting to protect the ideals that our flag represents.

Congressman Ed Bryant represents Tennessee's Seventh Congressional District.