(U-Wire) - The initial Pledge of Allegiance did not contain the phrase under God. This phrase was not added during World War II, when the pledge was adopted as a comfort to a country at war.
No, this phrase was adopted during the Cold War. It was inserted in the pledge to distinguish ourselves from the godless communists.
There were no elections held on this change, no politicians campaigned on the issue of inserting under God into the Pledge of Allegiance. At a time of great fear, it was a reactionary move by those in charge to help solidify the differences between our enemy and us. We believe in God; they deny his existence.
I can see how someone could say, on a strictly legal basis, the case for removing the phrase under God has merit, or else it would not have reached the Supreme Court.
My problem with this argument is this: The court system's main purpose is to ensure the rights of the minority are not trampled at the whim of the majority.
The Supreme Court is the cornerstone of this system. Its job is to ensure the Constitution is upheld, and a major part of this is to uphold the rights of all citizens.
When the Supreme Court handed down rulings on civil rights issues, such as in Brown v. the Board of Education, they were not wildly popular. Indeed, there was still a great deal of public debate surrounding the issue of segregation.
Should the Supreme Court have deferred to the elected politicians? The University of Alabama probably still would be an all-white school if they had.
Take a look at all the laws the courts in this country have struck down and I'm sure you will find one you are glad they did not let the elected officials decide.
The view of the author that politicians should decide the issue of the pledge is shortsighted. There are a number of issues the courts should not become involved in, and they usually do a good job of staying out of those particular issues.
However, they have a duty to protect the rights of the minority even in the face of overwhelming support by the majority. If a minority opinion in the pledge causes them harm, it is up to the courts to decide the merits of the opinion. This is exactly what the 9th Circuit Court and the Supreme Court are doing.
This belief in protecting the minority was of utmost importance to the founders. If you have any doubt whether John Adams would support the court system of today, read some of the Federalist Papers concerning the rights of the minority. What the courts are doing with regards to the pledge is exactly what the framers had in mind when they designed the court system.
17 Archives
John Krallman
