HON. RON PAUL OF TEXAS
BEFORE THE US HOUSE OF REPRESENTATIVES
September 23, 2004
Federal Courts and the Pledge of Allegiance
2004 Ron Paul 71:1
Mr. Speaker, I am pleased to support, and cosponsor, the Pledge Protection Act (HR
2028), which restricts federal court jurisdiction over the question of
whether
the phrase “under God” should be included in the pledge of allegiance.
Local
schools should determine for themselves whether or not students should
say
“under God” in the pledge. The case finding it is a violation of the
First
Amendment to include the words “under God” in the pledge is yet another
example of federal judges abusing their power by usurping state and
local
governments’ authority over matters such as education. Congress has the
constitutional authority to rein in the federal courts’ jurisdiction
and the
duty to preserve the states’ republican forms of governments. Since
government
by the federal judiciary undermines the states’ republican governments,
Congress has a duty to rein in rogue federal judges. I am pleased to
see
Congress exercise its authority to protect the states from an
out-of-control
judiciary.
2004 Ron Paul 71:2
Many of my colleagues base their votes on issues regarding federalism on
whether or
not they agree with the particular state policy at issue. However,
under the
federalist system as protected by the Tenth Amendment to the United
States
Constitution, states have the authority to legislate in ways that most
members
of Congress, and even the majority of the citizens of other states,
disapprove.
Consistently upholding state autonomy does not mean approving of all
actions
taken by state governments; it simply means acknowledging that the
constitutional limits on federal power require Congress to respect the
wishes of
the states even when the states act unwisely. I would remind my
colleagues that
an unwise state law, by definition, only affects the people of one
state.
Therefore, it does far less damage than a national law that affects all
Americans.
2004 Ron Paul 71:3
While I will support this bill even if the language removing the United
States Supreme
Court’s jurisdiction over cases regarding the pledge is eliminated, I
am
troubled that some of my colleagues question whether Congress has the
authority
to limit Supreme Court jurisdiction in this case. Both the clear
language of the
United States Constitution and a long line of legal precedents make it
clear
that Congress has the authority to limit the Supreme Court’s
jurisdiction. The
Framers intended Congress to use the power to limit jurisdiction as a
check on
all federal judges,
including Supreme Court judges
, who, after
all, have
lifetime tenure and are thus unaccountable to the people.
2004 Ron Paul 71:4
Ironically, the author of the pledge of allegiance might disagree with our
commitment to
preserving the prerogatives of state and local governments. Francis
Bellamy, the
author of the pledge, was a self-described socialist who wished to
replace the
Founders’ constitutional republic with a strong, centralized welfare
state.
Bellamy wrote the pledge as part of his efforts to ensue that children
put their
allegiance to the central government before their allegiance to their
families,
local communities, state governments, and even their creator! In fact,
the
atheist Bellamy did not include the words “under God” in his original
version of the pledge. That phrase was added to the pledge in the 1950s.
2004 Ron Paul 71:5
Today, most Americans who support the pledge reject Bellamy’s vision and view
the
pledge as a reaffirmation of their loyalty to the Framers’ vision of a
limited, federal republic that recognizes that rights come from the
creator, not
from the state. In order to help preserve the Framers’ system of a
limited
federal government and checks and balances, I am pleased to support HR
2028, the
Pledge Protection Act. I urge my colleagues to do the same.