Malcolm Rivera
The Pledge of Allegiance is a ceremonial oath of loyalty to the United States of America and its flag. It has been a part of American life for generations, but it is not without its controversies, particularly regarding the separation of church and state. The pledge has existed in some form since 1892, but it has been modified several times over the years. The current version, which includes the phrase under God, has been legally challenged on the grounds that it violates the protections against the establishment of religion guaranteed in the First Amendment. Despite these objections, the Pledge of Allegiance remains a common practice in schools and other settings across the United States. So, is the Pledge of Allegiance part of the Constitution?
| Characteristics | Values |
|---|---|
| Year of creation | 1892 |
| Creator | Francis Bellamy |
| Original text | "I pledge allegiance to my Flag and the Republic for which it stands, one nation, indivisible, with liberty and justice for all." |
| Current text | "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." |
| Manner of delivery | Standing at attention facing the flag with the right hand over the heart |
| Manner of delivery for men not in uniform | Remove any non-religious headdress with the right hand and hold it at the left shoulder, the hand being over the heart |
| Manner of delivery for persons in uniform | Remain silent, face the flag, and render the military salute |
| Manner of delivery for members of the Armed Forces not in uniform and veterans | May render the military salute in the manner provided for persons in uniform |
| Constitutional status | Not part of the U.S. Constitution; however, the Supreme Court has stated that the presence of "one nation under God" in the pledge is constitutional |
| Legal challenges | Multiple legal challenges have been made regarding the pledge's constitutionality, particularly concerning the phrase "under God" and the requirement for students to recite it in schools |
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What You'll Learn
The Pledge of Allegiance's history
The Pledge of Allegiance is a patriotic verse that promises allegiance to the flag of the United States and the republic of the United States of America. The first version of the pledge was written in 1885 by Captain George Thatcher Balch, a Union Army officer in the Civil War. Balch's pledge was embraced by many schools and patriotic organisations until the 1910s and 1920s.
In 1892, Francis Bellamy, a Baptist minister and Christian socialist, revised Balch's verse as part of a magazine promotion surrounding the World's Columbian Exposition, which celebrated the 400th anniversary of Christopher Columbus' arrival in the Americas. Bellamy, the circulation manager for The Youth's Companion magazine, helped persuade then-president Benjamin Harrison to institute Columbus Day as a national holiday and lobbied Congress for a national school celebration of the day. The pledge was first published in the September 8, 1892, issue of The Youth's Companion as part of the National Public-School Celebration of Columbus Day. School children first recited the Pledge of Allegiance this way:
> "I pledge allegiance to my Flag and to the Republic for which it stands, one Nation indivisible, with Liberty and Justice for all."
Over the years, the pledge underwent several modifications. In 1923, "the flag of the United States of America" replaced "my Flag" to ensure that recent immigrants thought of the US flag when reciting the pledge, rather than the flag of their country of birth. A year later, "of America" was added after "United States." In 1942, Congress formally recognised the pledge and included it in the federal Flag Code, changing the official manner of delivery to placing the right hand over the heart, as the previous Bellamy Salute was too reminiscent of the Nazi salute.
The last change in language came on Flag Day in 1954, when Congress passed a law adding the words "under God" after "one nation." This addition has been the subject of several legal challenges, with critics arguing that it violates the protections against the establishment of religion guaranteed in the Establishment Clause of the First Amendment. Despite these objections, the Pledge of Allegiance, including the phrase "under God," has been upheld as constitutional by federal appeals courts, which ruled that it does not violate the Establishment Clause and that participation in the pledge is voluntary.
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Is it constitutional to force citizens to recite it?
The Pledge of Allegiance has existed in some form since 1892 when it appeared in a magazine article commemorating the 400th anniversary of Christopher Columbus's arrival in the New World. The original version, written by Francis Bellamy, did not include the words "under God". Over the years, the Pledge has been modified, and in 1954, Congress added the words "under God" to distinguish the United States from "godless communism".
The constitutionality of forcing citizens to recite the Pledge of Allegiance has been the subject of legal challenges and controversy. The First Amendment to the United States Constitution protects the right to refrain from speaking or standing, which is considered a form of speech in the context of the Pledge of Allegiance. The Supreme Court has ruled that the government cannot compel citizens to express beliefs through a salute to the American flag or the Pledge of Allegiance without violating freedom of speech, as guaranteed by the First Amendment. This ruling applies to both adults and children in public schools, regardless of whether the objections are religiously based or not.
The Supreme Court has also addressed the inclusion of the phrase "under God" in the Pledge of Allegiance. In the case of Elk Grove Unified School District v. Newdow (2004), the Court rejected a claim that the phrase was unconstitutional, but on the grounds that the parent bringing the claim lacked standing, rather than ruling on the merits of the case. In another case, the Ninth Circuit Court of Appeals ruled that the phrase "under God" was an unconstitutional endorsement of monotheism when promoted in public schools. However, this ruling was not upheld by the Supreme Court, which has occasionally stated that the presence of "one nation under God" in the Pledge is constitutional.
While the Supreme Court has established that citizens cannot be forced to recite the Pledge of Allegiance, the specific issue of whether students can be required to stand during its recitation has also arisen. In 2006, a federal district court in Florida ruled that a 1942 state law requiring students to stand and recite the Pledge violated the First and Fourteenth Amendments. This decision resulted in a school district being ordered to pay $32,500 to a student who chose not to say the pledge and was ridiculed by a teacher. However, in 2010, the Ninth Circuit Court of Appeals upheld the words "under God" in the Pledge, finding that student participation in the pledge is voluntary.
In summary, it is unconstitutional to force citizens, including public school students, to recite the Pledge of Allegiance or salute the American flag. The Supreme Court has affirmed that citizens have the right to refrain from speaking or standing during the Pledge, protected by the First Amendment. However, the inclusion of the phrase "under God" in the Pledge remains a subject of legal debate, with lower courts and the Supreme Court offering differing opinions on its constitutionality.
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The inclusion of under God
The inclusion of the phrase "under God" in the Pledge of Allegiance has been a subject of debate and legal challenges in the United States. The original version of the pledge, written by Francis Bellamy in 1892, did not include these words. The first mention of adding "under God" to the pledge was by Louis Albert Bowman, an attorney from Illinois, who claimed that the phrase came from Lincoln's Gettysburg Address. The effort to include the phrase gained momentum during the Cold War, as many Americans wanted to distinguish the United States from the state atheism promoted by communist countries.
In 1951, the Knights of Columbus, a Catholic fraternal organization, began including "under God" in their Pledge of Allegiance and petitioned the federal government to add the phrase to the official pledge. U.S. Representative Louis C. Rabaut supported the petition, arguing that it would promote patriotism and serve as a “bulwark against communism." On June 14, 1954, President Eisenhower signed a law adding "under God" to the Pledge of Allegiance.
The inclusion of "under God" in the pledge has been challenged in courts, with some arguing that it violates the Establishment Clause of the First Amendment, which protects against the establishment of religion. In 2002, the Ninth Circuit Court of Appeals ruled that the phrase was an unconstitutional endorsement of monotheism when promoted in public schools. However, other courts have upheld the inclusion, stating that the pledge is of a “ceremonial and patriotic nature" and does not constitute an establishment of religion. The Supreme Court has avoided ruling directly on the constitutionality of the phrase, instead rejecting challenges on technical grounds.
The debate over the inclusion of "under God" in the Pledge of Allegiance continues, with some states facing lawsuits from parents and organizations seeking to remove the phrase from public schools. Critics argue that requiring or promoting the pledge with the phrase "under God" violates the protections against the establishment of religion and infringes on the freedom of dissent guaranteed in the First Amendment. Supporters, on the other hand, defend the inclusion as a way to instill patriotism and differentiate the United States from state atheism.
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The right to refrain from speaking or standing
The inclusion of the phrase "under God" in the Pledge of Allegiance has been a subject of controversy and legal challenges. Some argue that it violates the protections against the establishment of religion guaranteed in the Establishment Clause of the First Amendment. In 2002, the Ninth Circuit Court of Appeals ruled that the phrase "under God" was an unconstitutional endorsement of monotheism when promoted in public schools. However, in 2004, the Supreme Court rejected this claim in the case of Elk Grove Unified School District v. Newdow on the grounds that the parent who brought the case lacked standing.
In 2006, a federal district court in Florida ruled that a 1942 state law requiring students to stand and recite the Pledge of Allegiance violated the First and Fourteenth Amendments of the U.S. Constitution. As a result, a Florida school district was ordered to pay $32,500 to a student who chose not to say the pledge and was ridiculed by a teacher. Similarly, in 2009, a teacher in Montgomery County, Maryland, berated and had school police remove a 13-year-old girl who refused to say the Pledge of Allegiance. The student's mother, assisted by the American Civil Liberties Union of Maryland, received an apology from the teacher, as state law and the school's student handbook prohibited forcing students to recite the Pledge.
The Supreme Court has occasionally stated that the presence of "one nation under God" in the pledge is constitutional, particularly in concurring opinions. In 2010, two federal appeals courts ruled that the Pledge of Allegiance did not violate the Establishment Clause because its primary purpose was to inspire patriotism, and participation was entirely voluntary. However, there have been numerous cases where individuals and organisations have challenged the requirement to recite the pledge, particularly in public schools. These challenges have targeted state constitutions and sought to eliminate the use of the words "under God" from Pledges taken in schools.
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Legal challenges and rulings
The Pledge of Allegiance has been part of American life for generations, but it has also been the subject of various legal challenges and rulings. The first case was in 1935 when two children, Lillian and William Gobitis, were expelled from a public school in Minersville, Pennsylvania, for failing to salute the flag and recite the Pledge of Allegiance. The issue was settled in favour of the children by the 1943 Supreme Court ruling, West Virginia State Board of Education v. Barnette, which held that the Free Speech clause of the First Amendment prohibits public schools from forcing students to salute the flag and recite the Pledge.
In 2002, a case was brought by atheist Michael Newdow, whose daughter was being taught the Pledge in school. The Ninth Circuit Court of Appeals ruled that the phrase "under God" was an unconstitutional endorsement of monotheism when promoted in public schools. However, in 2004, the Supreme Court rejected Newdow's claim on the grounds that he was not the custodial parent and therefore lacked standing, avoiding a ruling on the constitutionality of the phrase.
In 2006, a federal district court in Florida ruled that a 1942 state law requiring students to stand and recite the Pledge of Allegiance violated the First and Fourteenth Amendments of the U.S. Constitution. As a result, a Florida school district was ordered to pay $32,500 to a student who chose not to say the pledge and was ridiculed by a teacher.
In 2010, two federal appeals courts ruled that the Pledge of Allegiance, including the phrase "under God," did not violate the Establishment Clause because the recitation was voluntary. The Supreme Court denied an appeal of this decision in 2011.
In 2014, a case was brought in Massachusetts, Jane Doe v. Acton-Boxborough Regional School District, by a group of parents, teachers, and the American Humanist Association against a school district. They claimed that the Pledge requirement, including the use of the words "under God," violated the equal protection clause of the state's constitution. The state Supreme Court did not agree. A similar lawsuit was filed in New Jersey by a family and the American Humanist Association, seeking to eliminate the use of the words "under God" from Pledges taken at public schools. A judge ruled in favour of the school district in 2015.
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Frequently asked questions
No, the Pledge of Allegiance is not part of the US Constitution. The pledge has existed in some form since 1892 and has been modified several times.
The Pledge of Allegiance has drawn criticism and legal challenges on several grounds, including the violation of the First Amendment right to freedom of speech and the violation of the Establishment Clause of the Constitution due to its reference to God.
The Supreme Court has ruled that compelling schoolchildren to recite the Pledge of Allegiance violates the First Amendment. However, the Court has not struck down the phrase "under God" from the pledge, and some justices have stated that its inclusion is constitutional.
No, students cannot be forced to recite the Pledge of Allegiance in schools. The Supreme Court held in 1943 that the government could not compel citizens to express beliefs through a salute to the American flag, as it would violate freedom of speech.
