'Court-stripping' bill focused on pledge passes the U.S. House.The House of Representatives in September passed legislation to strip the federal courts of their right to hear cases involving the Pledge of Allegiance Pledge of Allegiance, in full, Pledge of Allegiance to the Flag of the United States of America, oath that proclaims loyalty to the United States. and its national symbol. . House conservatives engineered the 247-173 vote Sept. 23 as a sop to the Religious Right. The Christian Coalition Christian Coalition, organization founded to advance the agenda of political and social conservatives, mostly comprised of evangelical Protestant Republicans, and to preserve what it deems traditional American values. and the Family Research Council plan to use the tally on (Naut.) to dovetail together. (Naut.) to man a rope for hauling, the men standing in a line or tail. See also: Tally Tally their "voter guides" and scorecards to try to sway tight House races in November. Americans United blasted the maneuver, calling the so-called "Pledge Protection Act" (H.R. 2028) "extreme and unwise." "This bill is a dramatic assault on the courts and individual rights, wrapped in phony patriotism," said Barry W. Lynn Reverend Barry W. Lynn (born 1948 in Bethlehem, Pennsylvania) has been the Executive Director of Americans United for Separation of Church and State since 1992.[1] , Americans United executive director. "This is election-year grandstanding at its worst." The bill forbids all federal courts, including the U.S. Supreme Court, from hearing any cases involving the Pledge. The legislation is a reaction to a federal appeals court ruling in 2002 that struck down public school recitation rec·i·ta·tion n. 1. a. The act of reciting memorized materials in a public performance. b. The material so presented. 2. a. Oral delivery of prepared lessons by a pupil. b. of the Pledge due to the inclusion of the words "one nation under God." The Supreme Court later tossed out that ruling, declaring that the man who brought the challenge, California atheist Michael Newdow Michael Arthur Newdow (born June 24 1953 in New York City) is a Sacramento, California attorney and emergency medicine physician. He is best known for his efforts to bar public schools in the United States from reciting the current version of the Pledge of Allegiance because of its , did not have a legal right to bring the case. The high court said Newdow could not sue on behalf of his daughter, since he lacks primary custody of the girl. House members allied with Religious Right groups engineered the Pledge vote and others on controversial "culture war" issues to give ammo to the right wing in advance of the election. Beyond the November election, Religious Right leaders have high hopes for the court-stripping strategy. Tony Perkins Tony Perkins may refer to any of the following people:
"While the phrase 'under God' is a relatively new addition to the Pledge--the fact that we are a nation founded on Christian ideals is not," Perkins wrote. "Unfortunately, there are those seeking to erase our Christian heritage Christian Heritage can refer to:
Most legal scholars say such "court stripping" measures are unconstitutional. Testifying before a House panel about a separate court-stripping proposal on June 24, William & Mary Law School professor Michael J. Gerhardt said Congress does not have the power to curb the federal courts in this way. "Distrust of 'unelected judges' does not qualify as a legitimate basis, much less a compelling justification, for congressional action," Gerhardt observed. "'Unelected judges,' in the form of our federal judiciary, are integral to protecting the rule of law in our legal system, balance of power among the branches and protecting unpopular minorities from the tyranny of the majority The phrase tyranny of the majority, used in discussing systems of democracy and majority rule, is a criticism of the scenario in which decisions made by a majority under that system would place that majority's interests so far above a minority's interest as to be comparable in ." AU's Lynn agreed. "The supporters of this bill have shown callous disregard for long-standing constitutional principles," Lynn said. "The federal courts should be open to all Americans seeking protection of their constitutional rights." The Pledge Act, sponsored by Rep. Todd Akin W. Todd Akin (born July 5 1947), American politician, has been a Republican member of the United States House of Representatives since 2001, representing Missouri's At-large congressional district (map). Born in New York City, he later moved to St. (R-Mo.), is the second court-stripping bill passed by the House this session. In July, the House approved a bill banning the federal courts from hearing challenges to the federal Defense of Marriage Act. Both measures are expected to face skeptical receptions in the Senate. |
|
||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion