The resolution also takes aim at our nation's independent judiciary.

he House of Representatives voted last Thursday to condemn the U.S. Ninth Circuit Court's ruling that declared the inclusion of the phrase "under God" in the Pledge of Allegiance to violate the separation of church and state.

   It is the second time that federal lawmakers expressed disapproval with the ruling. A similar measure sailed through the House and Senate last summer after the original decision was handed down. Michael Newdow, a California physician and Atheist argued that the religionized version of the Pledge abridged the rights of his then-8-year-old daughter. A three judge panel of the Appeals Court agreed. On February 28, 2003, the full court rejected any further arguments in the matter.

   The latest Congressional resolution, H. Res. 132 passed 440 to 7, with 15 members voting only "present." It supports an appeal of the Circuit Court ruling by the U.S. Attorney General, and opines that the decision (NEWDOW v. US) threatened everything from saying the pledge to even reciting portions of historic documents such as the Declaration of Independence and the Gettysburg Address.

   Rep. Doug Ose, R-Sacramento, sponsored the resolution.

   "I am pleased to see so many of my colleagues joining me in supporting one of the true patriotic acts that unite this nation," gushed Ose following the vote."

   Ose represents much of the Elk Grove School District area near Sacramento which was named in the original Newdow suit.

   There was more belligerent and fiery rhetoric, though, from House Judiciary Committee Chairman James Sensenbrenner, Wisconsin Republic who denounced the Circuit Court ruling as "preposterous," and defended the inclusion of the "under God" phraseology by insisting that the Pledge "is not a religious exercise, it's a patriotic exercise."

   Elk Grove School Superintendent David Gordon told reporters that he was pleased with the House resolution, and said that the district expects to file a petition for review by the U.S. Supreme Court shortly.

   Although the Ninth Circuit's decision declares the use of the words "under God' to be unconstitutional, it has stayed enforcement of any move to ban the phrase pending further appeal. About 9.6 million youngsters in eleven states would have been affected.

   In addition to H.Res. 132, there are nearly a dozen similar legislative items condemning the ruling in NEWDOW, and supporting the Pledge. But Rep. Ose's version contained more expansive and ominous language, including a controversial section declaring that "the President should nominate and the Senate should confirm (only) Federal circuit court judges who interpret the Constitution consistent with the Constitution's text." Critics note that this sort of statement is used by opponents of so-called "judicial activism" like House Majority Leader Tom DeLay, who has threatened independent-minded courts and judges with impeachment.

   Rep. William Delahunt, Massachusetts Democrat, said that while he opposed the Ninth Circuit ruling, he had concerns about the provision. He opined that the clause sends a message that "judges who urge unpopular opinions are unfit for office."

   "It (House Resolution 132) doesn't stop at expressing disapproval," Delahunt told Associated Press after the vote. "It goes further in a way that I believe would set an unwise and dangerous precedent. It tells judges that they had better tailor their constitutional views to those of the congressional majority if they wish to be confirmed."

   Rep. Jerrold Nadler (N.Y.) argued on the floor that the Ninth Circuit Court decision was "exactly consistent" with Supreme Court rulings from the 1960s that stopped mandatory prayer and Bible verse recitation in public schools. The high court, Nadler declared, "has said that we cannot ask schoolchildren to recite a prayer or a belief in God in the classroom setting, even if we allow the dissenters to walk out of the room."

   Nadler joined seven other Democrats in voting against the resolution. He was joined by Rep. Robert Scott of Virginia; Jim McDermott of Washington; Pete Stark and Mike Honda of California; Gary Ackerman of New York; and Barney Frank of Massachusetts.

[text only]