Under God, In Deed
Congress just can’t stop toying with the First Amendment for partisan political gain. Sometime this week they are expected take up the so-called “Pledge Protection Act”, HR 2389, for consideration. This bill prohibits federal courts, including the U.S. Supreme Court, from hearing any cases regarding the Pledge of Allegiance. The only good thing about this tactic is that it isn’t being boxed up as yet another Constitutional amendment.
Some opponents are characterizing this as a Congressional power grab and a threat to the Constitutional separation of powers. But, if my memory serves me correctly, the power to define the jurisdiction of the federal courts is actually vested in Congress via the Constitution. Of course, just because one branch has the power to do something, doesn’t mean that it should exercise that power on a given topic at a given time in a given way. This is a topic that should not be addressed at this time in this manner.
The bill actually isn’t designed to protect the Pledge per se, but to protect the reference to “under God” in the Pledge. God, we’re told from religious and political pulpits across the land, is under assault in America and, even though S/He may be an awesome God, S/He appears to need our protection. Fortunately for me, my God is one plenty powerful potentate who doesn’t need my protection. But, I recognize that others may not be as fortunate.
I like the Pledge as written with its “one nation under God” phrase. I’m pleased that we declare ourselves to be under a power and wisdom greater than our own; that’s a good message for us to recall every day. I don’t want that to change.
However, I don’t think we should fence in the jurisdiction of the courts in order to prevent someone who doesn’t like the insertion of religion into a national oath of allegiance from challenging it. There are other people of faith who are taking no position either for or against the inclusion of the phrase “under God” in the Pledge who are saying the same thing. They’re advocating for the right of any person of faith, or of no faith at all, to receive a fair hearing by the federal courts if they feel their Constitutional rights are being violated. Those who hold this view regard this legislation as diminishing, not protecting, the religious liberty that almost all of us regard as a non-negotiable part of our American democracy. In other words, HR 2389 could be as bad for religion as it is for the First Amendment.
The Pledge has an interesting history. While many might think that it sprung up from the fertile soil of the American Revolution or in the midst of the tumultuous Civil War, it was actually written in 1892 by a socialist author as an advertising gimmick for a youth magazine that was trying to sell flags to schools. The Pledge wasn’t adopted by Congress as the official national pledge until December 1945. That newly adopted Pledge made no reference to “under God”.
In 1951, the Knights of Columbus became the first group to insert and then champion the addition of the phrase “under God”. It wasn’t until June 1954 that Congress adopted the phrase that makes the Pledge what it is today. When I started school as a first grader in September 1954, my teacher had to correct some of my fellow students who had learned the Pledge earlier without that phrase.
The adoption of the phrase “under God” didn’t necessary spring from religious faith; it may have been more a matter of political fervor intended to distinguish America from the godless Communists in the midst of the infamous investigations by the House Committee on Un-American Activities and the Senate Committee on Government Operations, led by the soon to be discredited Senator Joseph McCarthy. Those hearings reached their fanatical peak in late 1953 and early 1954. Similarly, the Congress adopted “In God We Trust” as the official motto of the United States, in 1956, superseding “E Pluribus Unum” (Out of Many, One). Almost any “patriotic” or “faithful” expression born in that period of time comes with a questionable genealogy. Interestingly, the House of Representatives did not begin reciting the Pledge on a daily basis until 1988. The recalcitrant Senate held out until 1999. The point of this history recital is that the Pledge of Allegiance with its “under God” reference hasn’t been part of the American fabric for all that long.
It doesn’t bother me if someone wants to challenge the use of “under God” in the Pledge as a violation of the First Amendment’s putative call for a separation of church and state. Like the inclusion of “In God We Trust” on U.S. currency, the use of those phrases has withstood and can withstand the test of that scrutiny. Just as the adoption of these phrases came about under questionable or at least mixed motives, the so-called “protection” of those phrases today is similarly tainted if not completely undermined by expedient partisan politics.
Without regard to whether those phrases stay or go as official expressions of allegiance and trust, there are countless ways for believers and persons of faith to express their faith and trust in God every day. For starters, we can do as God requests: love God with all our hearts and our neighbors as ourselves. Then we can move on to feed the poor and care for the needy, as God has asked us to do. Then we can turn our attention to obeying, not just posting, the Ten Commandments. Then we can capture and live the spirit of the Beatitudes in our personal, communal and national lives. Then we can become peacemakers.
When we’ve done all those things as we’ve been asked by God, then let’s set out to protect the Pledge and the Motto and any other such symbol of choice. Of course, at that point in time, the world will be a vastly different place and both sides of the current debate are likely to conclude, “No need; it doesn’t matter now.”