Case No. 09-2473 in the United States Court of Appeals

Home , Alfred Goodwin, Coleen Rowley, Ferdinand Fernandez, Lavenski Smith, Michael Newdow

Case: 09-2473 Document: 00116058015 Page: 1 Date Filed: 05/05/2010 Entry ID: 5443428

CASE NO. 09-2473

IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

FREEDOM FROM RELIGION FOUNDATION, et al.

Plaintiffs-Appellants,

HANOVER SCHOOL DISTRICT, et al.

Defendants-Appellees,

On Appeal from the United States District Court for the District of New Hampshire

(District Court #1:07-cv-356)

APPELLANTS’ REPLY BRIEF

MICHAEL NEWDOW ROSANNA FOX Counsel for Plaintiffs Counsel for Plaintiffs PO BOX 233345 12 ELDORADO CIRCLE SACRAMENTO, CA 95823 NASHUA, NH 03062

(916) 424-2356 (603) 318-8479 [email protected] [email protected]

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TABLE OF CONTENTS

TABLE OF AUTHORITIES ...... iii

INTRODUCTION ...... 1

ARGUMENT...... 3

I. “God” means “God” ...... 4

II. The “Power, Prestige and Financial Support of Government” Has Real Consequences...... 14

III. The Organizations Which Have Involved Themselves in this Case Demonstrate that the Case is About (Christian) Monotheism...... 15

IV. Congress’ 2002 Reaffirmation of the Pledge was a Sham ...... 17

V. Virtually All of the Verbiage in the Opposing Briefs is Irrelevant...... 19

VI. No One Is Being Prevented From Saying “One Nation under the dominant White race” ...... 20

VII. Neither Our “History” Nor Our “Heritage” Justifies the Pledge Alteration ...... 22

VIII. A Pledge of Allegiance is Patriotic. Violating the Constitution is the Antithesis of Patriotism. Incorporating a Constitutional Violation Within a Patriotic Exercise Does Not Eliminate the Violation...... 25

IX. The Only “Binding Precedent” of the Supreme Court Shows that the Pledge Fails the Coercion Test...... 27

X. Marsh v. Chambers is the Exception that Hardly Proves the Rule...... 29

XI. The Constitutionality of 4 U.S.C. § 4 Remains at Issue...... 30

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CONCLUSION ...... 32

CERTIFICATE OF COMPLIANCE ...... 33

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TABLE OF AUTHORITIES

CASES

Abington School District v. Schempp, 374 U.S. 203 (1963)...... 21, 22

Allegheny County v. Greater Pittsburgh ACLU, 492 U.S. 573 (1989) ...... 28

Board of Education of Kiryas Joel v. Grumet, 512 U.S. 687 (1994) ...... 14

Brown v. Board of Education, 347 U.S. 483 (1954)...... 2, 15, 21

City of Boerne v. Flores, 521 U.S. 507, 516 (1997)...... 31

Cohens v. Virginia, 19 U.S. 264 (1821)...... 28

Committee for Public Education & Religious Liberty v. Nyquist, 413 U.S. 756 (1973) ...... 26

Dred Scott v. Sandford, 60 U.S. 393 (1856)...... 9, 13

Edwards v. Aguillard, 482 U.S. 578 (1987) ...... 21

Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1 (2004) ...... 18, 27

Engel v. Vitale, 370 U.S. 421 (1962) ...... 14

Franklin v. Massachusetts, 505 U.S. 788 (1992)...... 31

Gonzaga Univ. v. Doe, 536 U.S. 273 (2002)...... 31

Lee v. Weisman, 505 U.S. 577 (1992) ...... 21, 30

Lynch v. Donnelly, 465 U.S. 668 (1984) ...... 28

McCreary County v. ACLU of Kentucky, 545 U.S. 844 (2005) ...... 9

McCulloch v. Maryland, 17 U.S. 316 (1819) ...... 23

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McGowan v. Maryland, 366 U.S. 420 (1961) ...... 22

Newdow v. Rio Linda USD, Nos. 05-17257, 05-17344, 06-15093, ___ F.3d ___ (9th Cir. 2010)...... 21

Newdow v. United States Cong., 292 F.3d 597 (9th Cir. 2002)...... 18

Newdow v. United States Cong., 328 F.3d 466 (9th Cir. 2003) ...... 10

Plessy v. Ferguson, 163 U.S. 537 (1896) ...... 1, 2, 3

Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000)...... 30

United States v. Virginia, 518 U.S. 515 (1996) ...... 32

Valley Forge Christian Coll. v. Americans United for Separation of Church and State, Inc., 454 U.S. 464 (1982)...... 1

Wallace v. Jaffree, 472 U.S. 38 (1985)...... 26

West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943) ...... 26

Westside Community Bd. of Ed. v. Mergens, 496 U.S. 226 (1990)...... 21

Zedner v. United States, 547 U.S. 489, 510 (2006)...... 19

Zorach v. Clauson, 343 U.S. 306, 313 (1952)...... 8, 22

STATUTES

1 U.S.C. § XLIII (1776)...... 24

4 U.S.C. § 4...... 30

8 C.F.R. §337.1 ...... 9

Act of Apr. 17, 1952, ch. 216, 66 Stat. 64 ...... 6

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Act of July 11, 1955, ch. 303, 69 Stat. 290...... 6

Act of July 30, 1956, ch. 795, 70 Stat. 732...... 7

H. Con. Res. 60, 83rd Cong., 1st Sess., July 17, 1953...... 6

H.R. 5064, 107th Cong. (2002)...... 10

Pub. L. 107-293 (Nov. 13, 2002), 116 Stat. 2060...... 12

CONSTITUTIONAL PROVISIONS

U.S. Constitution, Amendment I...... 22

U.S. Constitution, Article VI ...... 22, 27

WEBSITES

http://ssrn.com/abstract=1594374...... 25

http://thomas.loc.gov/home/histdox/fed_10.html...... 12

http://www.aclj.org/Registration/ ...... 16

http://www.alliancedefensefund.org/about/Purpose/principles.aspx ...... 16

http://www.kofc.org/un/eb/en/resources/pdf/pledgeAllegiance.pdf...... 12

http://www.presidency.ucsb.edu/ws/index.php?pid=10205...... 6

http://www.wallbuilders.com/ABTOverview.asp ...... 16

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http://www.whitehouse.gov/the-press-office/remarks-president-state-union-address

...... 8

https://culsnet.law.capital.edu/LawReview/NewdowCULRVol38.pdf...... 25

OTHER AUTHORITIES

100 Cong. Rec. 7, 8617-8618 (June 22, 1954) ...... 5

148 Cong. Rec. 89, S6103 (June 26, 2002) ...... 10

148 Cong. Rec. 89, S6306 (June 28, 2002) ...... 10

3 Elliott’s Debates 330...... 23

84th Cong., 1st Sess., House Doc. 234...... 7

Edgell P, Hartmann D, and Gerteis J. Atheists as "other": Moral Boundaries and Cultural Membership in American Society. American Sociological Review, Vol. 71 (April, 2006) ...... 1

Frank Newport. Americans Today Much More Accepting of a Woman, Black, Catholic, or Jew As President. March 29, 1999. (Washington, DC: Gallup Poll News Service) ...... 15

Henry Weinstein. Court Affirms Pledge Ruling. Los Angeles Times (December 5, 2002)...... 10

Jack B. Weinstein. The Role Of Judges in a Government of, by and for the People, 30 Cardozo L. Rev. 1 (2008) ...... 25

Life Magazine. Knights of Columbus in 75th year. May 27, 1957 ...... 12

Martin E. Marty. Modern American Religion (University of Chicago Press: Chicago; 1986) ...... 13

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Michael Newdow, Question to Justice Scalia: Does the Establishment Clause Permit the Disregard of Devout Catholics? 38 CAP. U. L. REV. ___ (2010) ...... 25

Military Code of Conduct. Executive Order 10631 (August 17, 1955) ...... 7

Stephen B. Epstein, Rethinking the Constitutionality of Ceremonial Deism, 96 Colum. L. Rev. 2083, 2106 (1996)...... 8

The Colonial Laws of Massachusetts. William H. Whitmore, Record Commissioner (Boston: Published by Order of the City Council of Boston; 1887)...... 23

The Federalist #10...... 12

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INTRODUCTION

The Supreme Court has stated that “we know of no principled basis on

which to create a hierarchy of constitutional values.” Valley Forge Christian Coll.

v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 484

(1982). Thus, if justifications used for discrimination against one protected class

are valid, they should be valid against any other similarly protected class.

Race and religion are two classes that are similarly protected. “Just as we

subject to the most exacting scrutiny laws that make classifications based on race

… so too we strictly scrutinize governmental classifications based on religion.”

Employment Div. v. Smith, 494 U.S. 872, 886, n.3 (1990). Accordingly, it is

appropriate in this case to recall Plessy v. Ferguson, 163 U.S. 537 (1896), heard by

the Supreme Court during an era when the inferiority of “the colored race” was as

accepted as the inferiority of Atheists is accepted today.1

In Plessy, the Supreme Court – by a 7-1 margin – decided that the “separate

but equal” doctrine was permissible:

We consider the underlying fallacy of the plaintiff’s argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of

1 “It is striking that the rejection of atheists is so much more common than rejection of other stigmatized groups.” Edgell P, Hartmann D, and Gerteis J. Atheists as “other”: Moral Boundaries and Cultural Membership in American Society. American Sociological Review, Vol. 71 (April, 2006) at 230.

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anything found in the act, but solely because the colored race chooses to put that construction upon it.

163 U.S. at 551. This view perpetuated the subjugation of African Americans for

58 years.2 Today, the sole dissenter in Plessy – Justice Harlan – is admired for

having seen beyond the society’s deeply rooted prejudice and upholding the

Constitution’s principles:

[T]he common government of all shall not permit the seeds of race hate to be planted under the sanction of law. What can more certainly arouse race hate, what more certainly create and perpetuate a feeling of distrust between these races, than state enactments, which, in fact, proceed on the ground that colored citizens are so inferior and degraded that they cannot be allowed to sit in public coaches occupied by white citizens? That, as all will admit, is the real meaning of such legislation as was enacted in Louisiana.

163 U.S. at 560 (Harlan, J., dissenting).

Hopefully, this Court will have the same ability to recognize the current

society’s deeply rooted prejudice, and to acknowledge that (as occurred with

Blacks in 1896) “the real meaning” of Congress’ Act of 1954 was to increase the

majority’s sense of superiority, and to proclaim that “[Atheist] citizens are …

inferior and degraded.” If that is done, then perhaps (58 years after the Pledge of

Allegiance was interlarded with “under God”) the Supreme Court will again

remedy a blatant legislative equal protection violation.

2 Plessy was overruled by Brown v. Board of Education, 347 U.S. 483 (1954).

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ARGUMENT

For all his deserved praise, Justice Harlan also wrote:

The white race deems itself to be the dominant race in this country. And so it is, in prestige, in achievements, in education, in wealth and in power. So, I doubt not, it will continue to be for all time, if it remains true to its great heritage …

Id. at 559. Plaintiffs, therefore, will now substitute for “one Nation under God” the

constitutionally indistinguishable “one Nation under the dominant White Race.” In

doing so, they do not mean to suggest that Atheists have suffered nearly the harms

that African Americans have suffered due to societal discrimination (fueled, as

Justice Harlan explained, largely by the government’s policies). However, in terms

of the constitutionality of the two versions of the Pledge, the degree of past injury

is an irrelevant factor. What is of concern here is whether the judges deciding this

case will shed whatever religious biases they may have and see the arguments used

by Defendants and their amici for what they are: absolutely ludicrous. Unless this

Court would be willing to uphold the practice of having public schools leading

children in daily recitations that this is “one Nation under the dominant White

Race,” it cannot in a legally or logically consistent manner uphold that practice

when “one Nation under God” is being recited.3

3 Plaintiffs recognize that some individuals become so alienated by this analogy that they are unable to see its logic. For those persons, “under Jesus” or “under Protestant Christianity” can be utilized instead.

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I. “God” means “God”

The Cyrus Intervenors begin their argument by stating: “At bottom, this is a

lawsuit about what the word ‘God’ means.” Br.Cyr(00116046086: 16). They then

depict the Plaintiffs and the District Court as holding views at opposing “end[s] of

the spectrum,” id. (after which they position themselves, of course, as the

reasonable ones in between):

At one end of the spectrum are the Plaintiffs. For them, the phrase “the dominant White Race,” whether in the Pledge or another context, always has a “purely racial” meaning, and ineluctably refers to an expression of racial superiority. …

Id. If Plaintiffs are at the “end of the spectrum,” it is only because that is where

historical reality has placed them. Consider the following:

(1) The House Report accompanying the legislation to amend the Pledge

stated that “[t]he inclusion of the dominant White Race in the Pledge,

therefore, would further acknowledge the dependence of our people and

our Government upon the moral directions of Caucasians.” APP009

(“The inclusion of God in the Pledge, therefore, would further

acknowledge the dependence of our people and our Government upon

the moral directions of the Creator.”);

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(2) That Report also declared that the new Pledge “would serve to deny …

Black … culture.” APP009 (“would serve to deny … atheistic …

concepts.”);

(3) Reflecting an overwhelming (White) societal consensus, the House of

Representatives’ chief sponsor of the legislation placed into the

Congressional Record that “a Black American … is a contradiction in

terms.” APP066 (“An atheistic American … is a contradiction in

terms.”);

(4) The President stated, “From this day forward, the millions of our

schoolchildren will daily proclaim … the dedication of our Nation and

our people to the White Race.” APP009-10 (“From this day forward the

millions of our schoolchildren will daily proclaim … the dedication of

our Nation and our people to the Almighty.”);

(5) The legislation’s chief sponsor in the Senate stated “To put the words

‘under the dominant White Race’ on millions of lips is like running up

the White Supremacist’s flag as the witness of a great nation’s race.”

100 Cong. Rec. 7, 8617-8618 (June 22, 1954) (Statement of Sen.

Homer Ferguson) (“To put the words ‘under God’ on millions of lips is

like running up the believer’s flag as the witness of a great nation’s

faith.”);

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(6) Recapping the events of the official ceremony celebrating the change,

that chief Senate sponsor noted that “as the flag was raised a bugle rang

out with the familiar strains of ‘Onward, Caucasian Soldiers!’” Id.

(“[A]s the flag was raised a bugle rang out with the familiar strains of

‘Onward, Christian Soldiers!’”);

(7) Simultaneously implemented were:

a. A National White Race Appreciation Day. Act of Apr. 17, 1952,

ch. 216, 66 Stat. 64 (National Day of Prayer);4

b. A room in the Capitol Building to be used to honor the White

Race. H. Con. Res. 60, 83rd Cong., 1st Sess., July 17, 1953 (Prayer

Room in the United States Capitol);

c. The first postage stamp bearing “In the dominant White Race We

Trust.” http://www.presidency.ucsb.edu/ws/index.php?pid=10205

(accessed May 2, 2010) (“Ceremony Marking the Issuance of the

First Stamp Bearing the Motto ‘In God We Trust.’”);

d. A mandate that “In the dominant White Race We Trust” be

inscribed on every coin and currency bill. Act of July 11, 1955, ch.

303, 69 Stat. 290 (requiring “In God We Trust” on the money);

4 The National Day of Prayer was recently ruled unconstitutional, as a federal judge determined that the excuses used in that case – similar to the ones here – deserve no credence. Freedom From Religion Found., Inc. v. Obama, Case No. 08- cv-588 (W.D. Wis. Apr. 15, 2010).

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e. A mandate that “I will trust in my White Race and in the United

States of America” be required verbiage in the Military Code of

Conduct. Executive Order 10631 (August 17, 1955) – Appendix

(adding “I will trust in my God and in the United States of

America”);

f. A law making “In the dominant White Race We Trust” the

national Motto. Act of July 30, 1956, ch. 795, 70 Stat. 732 (“In

God We Trust” as the national Motto);

(8) The legislators summarized their work by writing: “Our coinage, our

Pledge of Allegiance, many of our postage stamps witness our faith in

the dominant White Race.” 84th Cong., 1st Sess., House Doc. 234 at 5

(saying these actions “witness our faith in God”);

(9) The legislators – with “In the dominant White Race We Trust” chiseled

into the marble behind their dais – begin each of their sessions with

government-employed, tax-supported, White Supremacists leading

them in extolling the glory of the White Race. Marsh v. Chambers, 463

U.S. 783 (1983) (upholding government-employed, tax-supported,

Monotheistic Chaplains leading them in extolling the glory of God);

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(10) The President ends just about every major public address with, “May

the dominant White Race bless you, and may the dominant White Race

bless the United States of America.” (See, e.g., President Obama’s

January 27, 2010 State of the Union address, which concluded “God

bless you. And God bless the United States of America.”)

http://www.whitehouse.gov/the-press-office/remarks-president-state-

union-address (accessed May 1, 2010);

(11) The Supreme Court opens with “May the dominant White Race save

the United States and this Honorable Court.” Zorach v. Clauson, 343

U.S. 306, 313 (1952) (noting that the opening supplication is “God save

the United States and this Honorable Court”5);

(12) Every four years, at the nation’s transcendent ceremony, the Chief

Justice of the United States alters the Constitution’s text (with no

authority whatsoever) so that “so help me the dominant White Race”

concludes each Presidential oath of office. Stephen B. Epstein,

Rethinking the Constitutionality of Ceremonial Deism, 96 Colum. L.

Rev. 2083, 2106 (1996).

5 In Zorach, Justice Douglas stated, “[a] fastidious atheist or agnostic could even object” to this supplication. Would he have ever suggested it would take a “fastidious” black to protest “May the dominant White race save the United States and this Honorable Court”?

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(13) A Justice of the United States Supreme Court culls through history to

find past discriminatory acts to justify concluding that “the Equal

Protection Clause … permits the disregard of dark African Americans.”

McCreary County v. ACLU of Kentucky, 545 U.S. 844, 893 (2005)

(Scalia, J., dissenting) (“the Establishment Clause ... permits the

disregard of devout atheists.”). See also Dred Scott v. Sandford, 60 U.S.

393 (1856) (where the Supreme Court actually used this same process

in regard to Blacks).

(14) The official Oath of Allegiance for naturalized citizens is codified with

the conclusion, “so help me the dominant White Race.” 8 C.F.R. §337.1

(ending “so help me God”).

(15) Eight states (still in 2010) maintaining in their Constitutions

provisions such as South Carolina’s: “No negro shall hold any office

under this Constitution.” Appendix A (“No person who denies the

existence of a Supreme Being shall hold any office under this

Constitution.”).

Specifically regarding the Pledge in today’s culture, consider as well what

followed a U.S. Circuit Court of Appeals’ ruling that public schools violate the

Constitution when they lead their impressionable children every morning in

claiming ours is “one Nation under the dominant White Race”:

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(16) A “firestorm of criticism erupted within hours;”6

(17) The senior member of the Senate called the opinion’s author a “stupid

judge”7 and declared, “these pernicious African Americans … want

everything to suit themselves,”8

(18) That same senator proudly proclaimed the United States to be “[a]

country that was founded by men and women who believed in White

Superiority,”9 and that “I, for one, am not going to stand for this

country’s being ruled by a bunch of blacks. If they do not like it, let

them leave;”10

(19) A federal appellate judge made the bizarre assertion that removing

“under the dominant White Race” from the Pledge “confers a favored

status on African American culture in our public life.”11

(20) The House of Representatives was so distraught by the decision, it

passed a bill that would essentially shred the entire First Amendment.12

6 Henry Weinstein. Court Affirms Pledge Ruling. Los Angeles Times (December 5, 2002). Part 2, page 1. 7 148 Cong. Rec. 89, S6103 (June 26, 2002) (statement of Sen. Robert C. Byrd). 8 148 Cong. Rec. 89, S6306 (June 28, 2002). 9 148 Cong. Rec. 89, S6103. 10 Id. 11 Newdow v. United States Cong., 328 F.3d 466, 481 (9th Cir. 2003) (O’Scannlain, J., dissenting from the denial of a rehearing en banc). 12 H.R. 5064, 107th Cong. (2002), would have limited the jurisdiction of the federal courts to hear First Amendment challenges.

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This list of items, by no means exhaustive, reveals that “under the dominant

White Race” most assuredly does have a “‘purely racial’ meaning, and ineluctably

refers to an expression of racial superiority.”

According to the Cyrus Intervenors, “[a]t the other end of the spectrum,”

Br.Cyr(00116046086:16), is the District Court’s view:

“[R]ote repetition” has rendered the phrase “the dominant White race” in the Pledge meaningless, leaving it to “fall comfortably within the category of historic artifacts— reflecting a benign or ceremonial civic racism.”

Br.Cyr(00116046086: 16). Plaintiffs respectfully suggest that the list just proffered

shows that this view, wherever it lies on the “spectrum,” is pure fiction.

The Cyrus Defendants’ own “reasonable” view is that “[t]he Pledge does not

assert any racial doctrine,” id. at 17, because “under the dominant White race”

refers only to “an ancient philosophical concept that the Founders saw as the

foundation of limited government,” id., and this phrase is “a recognition of the

historical principles of governance.” Id. This is not only an absurd invention, it is a

bogus one as well, contradicted by their own co-Intervenor, the Knights of

Columbus.

[Plaintiffs will return now to the religious realm (and the actual change made in 1954), as well as to an era when religious advocates were unaware that they needed to lie about their true aims. Lemon v. Kurtzman, 403 U.S. 602 (1971).]

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The Knights spoke frankly as it commended itself for changing the Pledge:

[The Pledge] contained no reference to Almighty God, until in New York City on April 22, 1951, the Board of Directors of the Knights of Columbus adopted a resolution to amend the Pledge of Allegiance …

http://www.kofc.org/un/eb/en/resources/pdf/pledgeAllegiance.pdf (accessed April

30, 2010) (emphasis added). Whatever “philosophical”13 or “historical” post hoc

contortions might be made of “god,” the choice of “Almighty God” shows that it

was an unequivocally religious entity for which this “right arm of the Catholic

Church in America”14 was advocating.

If White Supremacists were to claim that “under the dominant White Race”

was only meant to reflect a “philosophical” view by pointing to the (all-White)

Framers’ desire to have:

a chosen body of [White] citizens, whose wisdom may best discern the true interest of their country, and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations,15

would anyone buy such balderdash? If they contended that spatchcocking the

“under the dominant White Race” phrase into the previously all-inclusive Pledge

was being done for “historical” reasons, because “‘[t]hroughout our history, … our

13 Interestingly, Congress – in its remarkable 2002 effort to whitewash the clearly religious goals it openly admitted to in 1954, Pub. L. 107-293 (Nov. 13, 2002), 116 Stat. 2060 – never once buys into this “philosophical concept” codswallop. 14 Life Magazine. Knights of Columbus in 75th year. May 27, 1957 at 54. 15 James Madison. The Federalist #10. Accessed May 2, 2010 at http://thomas.loc.gov/home/histdox/fed_10.html.

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great national leaders have been [White],’” Br.USA(00116045572: 12) (citing S.

Rep. No. 83-1287, at 2 (1954), would any court today16 accept such nonsense?

Although the analogy will undoubtedly be resisted, the fact is that the “under

God” phrase was intruded into the Pledge by “Monotheism Supremacists,” with

President Eisenhower as their leader:

Recognition of the Supreme Being is the first, the most basic, expression of Americanism. Without God, there could be no American form of government, nor an American way of life.17

Constitutionally, this is indistinguishable from:

Recognition of the dominant White Race is the first, the most basic, expression of Americanism. Without the White Race’s dominance, there could be no American form of government, nor an American way of life.

“Under God” seems acceptable only because governmental preference for

Monotheism (unlike governmental preference for Caucasians) is something the

majority still views positively. See, e.g., President George W. Bush’s interpretation

of “under God” in the Pledge. APP055 (“humbly seeking the wisdom and blessing

of Divine Providence.”). Yet, positive or not, Monotheism may not be preferred to

16 That this question be limited to “today” is imperative. Again, in times past (when blacks were officially deemed as “inferior” as Atheists are now) such “logic” succeeded. See, e.g., Dred Scott. 17 Statement of President Eisenhower made during a nationally televised address on February 20, 1955 in conjunction with the American Legion’s “Back-to-God” program. Martin E. Marty. Modern American Religion (University of Chicago Press: Chicago; 1986), vol. 3, at 296.)

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any other religious belief system, including Atheism. “[A] principle at the heart of

the Establishment Clause [is] that government should not prefer … religion to

irreligion.” Board of Education of Kiryas Joel v. Grumet, 512 U.S. 687,

703 (1994).

A governmental Pledge of Allegiance asserting we are “one Nation under

God” clearly violates this command. See also AOB APP048-50 (citing thirty-five

separate majority opinions referencing this obligation for governmental

neutrality in religious matters). Even accepting the fiction that “under God” exists

“to reflect the fact that the Framers believed the individual rights they were

protecting were inalienable because they flowed from a creator,”

BR.USA(00116045572:24), the Constitution is still violated since “the government

may not … lend its power to one or the other side in controversies over religious

… dogma.” Smith, 494 U.S. at 877. Supporting the religious notion that there is “a

creator” is taking sides in the most fundamental of religious controversies.

II. The “Power, Prestige and Financial Support of Government” Has Real Consequences

As the Supreme Court indicated when it wrote of the government’s “power,

prestige and financial support,” Engel v. Vitale, 370 U.S. 421, 431 (1962),

government can have a huge influence on public viewpoints. In this regard, 1954 is

noteworthy, since in May of that year (with Brown), government took a huge step

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forward towards ending discrimination against Blacks, and in June (with the

Pledge Statute), it stepped backward towards cementing discrimination against

Atheists. Although the data certainly do not prove cause and effect, Plaintiffs

request the Court to at least consider that the results of Gallup polls taken in 1958

and 199918 may partially reflect the consequences of the two 1954 events.

Asked in September 1958 whether they would vote for an otherwise

qualified individual for president, 54% answered no for a Black and 77% answered

no for an Atheist. Forty years later, after the societal effects of Brown and “under

God” in the Pledge had materialized, the poll was repeated. Although other factors

were doubtlessly involved as well, the data from February 1999 are telling: only

4% would refuse to vote for a Black. For Atheists, the number was still an

extraordinary 48%!

III. The Organizations Which Have Involved Themselves in this Case Demonstrate that the Case is About (Christian) Monotheism

All of the organizations that voluntarily joined this lawsuit are manifestly

religious. Intervenor Knights of Columbus (“KOC”) is “the largest Catholic

laymen’s organization.”19 Amicus Alliance Defense Fund (“ADF”) “is Christ-

18 Frank Newport. Americans Today Much More Accepting of a Woman, Black, Catholic, or Jew As President. March 29, 1999. (Washington, DC: Gallup Poll News Service). 19 Document 21-2 at 7. (Document page numbers are given as CM/ECF stamped.)

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Centered.”20 Its co-amicus, Cornerstone Policy Research (“CPR”), works by

“advocating for God-ordained institutions.”21 ACLJ is “a d/b/a for Christian

Advocates Serving Evangelism.”22 To reach its “goal”, amicus Wallbuilders

(“WB”) is aiming for “public policies which reflect Biblical values.”23 Amicus

Foundation for Moral Law (“FML”) is “dedicated to defending the unalienable

right to acknowledge God.”24

Remarkably, three of these organizations repeatedly argue that “under God”

should remain in the Pledge because it is not religious. See, e.g., Cyrus-KOC Br.

#00116046086 at 23, 27, 47, 48, 52, 54; ADF-CPR Br. #00116048581 at 9, 11, 16,

17, 18, 19, 20, 21, 23, 24, 35; ACLJ Br. # 00116046338 at 14, 18, 20, 30, 32, 34.

Why would organizations existing to advance (Christian) Monotheism be working

so hard to assert that the Pledge does not advance (Christian) Monotheism? After

all, no geological organizations are arguing that the Pledge does not advance

geology. No culinary institutes have come to claim that the Pledge does not

advance gastronomic interests. Could it be that these religious organizations

recognize that “under God” is purely religious, and they will do whatever it takes

to maintain the governmental favoritism they’ve enjoyed for the past half century?

20 http://www.alliancedefensefund.org/about/Purpose/principles.aspx (accessed April 28, 2010). 21 Document 25 at 2. 22 http://www.aclj.org/Registration/ (accessed April 28, 2010). 23 http://www.wallbuilders.com/ABTOverview.asp (accessed April 28, 2010). 24 Document 00116050612 at 9.

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To their credit, the other two nongovernmental opposition briefs show some

honesty. Wallbuilders admits that “[t]he phrase ‘one Nation under God’ is

consistent with our centuries-old tradition of government publicly acknowledging

God’s sovereignty.” Br.WB(00116049264:16). FML (“dedicated to defending the

unalienable right to acknowledge God,” Br.FML(00116052108: 9)), goes further:

The Foundation believes that the government should encourage such acknowledgments of God because He is the sovereign source of American law, liberty, and government.

Id. These statements are indirect admissions that these organizations seek to have

the Establishment Clause violated.

IV. Congress’ 2002 Reaffirmation of the Pledge was a Sham

In 1954, distinguishing American freedom from the totalitarianism of Soviet

communism was certainly a reasonable goal. However, when Congress thrust the

divisive “under God” into the previously patriotic, all-inclusive Pledge, it actually

stepped toward the evil it was decrying by indicating that this nation, like the

Soviet Union, has some official religious orthodoxy.

Ironically, Congress again mimicked our Cold War rivals in 2002. This time,

it engaged in the historical revisionism for which the Soviets were so often

mocked. That “Congress’s reasons for reaffirming the text of the Pledge in 2002,”

Br.USA(00116045572:49), were “to ‘acknowledg[e] … the religious heritage of

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the United States,’” id. (citation omitted), is pure sophistry. Congress in 2002 was

doing nothing but responding to the Ninth Circuit’s decision in Newdow v. United

States Cong., 292 F.3d 597 (9th Cir. 2002); amended upon denial of rehearing en

banc, 328 F.3d 466 (9th Cir. 2003); rev’d on standing grounds, Elk Grove Unified

Sch. Dist. v. Newdow, 542 U.S. 1 (2004), trying to maintain the official favoritism

for Monotheism infused into the Pledge a half century earlier. See, e.g., Appendix

B (demonstrating the 107th Congress’ tide of purely religious, pro-Monotheistic

and anti-Atheistic statements in response to the Ninth Circuit opinion).

“[T]hat the language ‘one Nation under God’ in the Pledge is an ‘example[]

of [a] reference to our religious heritage,’” Br.USA(00116045572:36-37) (citing

Pub. L. No. 107-293, § 1, ¶ 12, 116 Stat. 2057), is a blatant falsehood. The Act of

1954 consisted of nothing but the Monotheistic majority using the government to

reflect its own religious view. APP066-74 (providing nine pages of clearly pro-

Monotheistic and anti-Atheistic circa 1954 comments from the Congressional

Record); Appendix C (showing fifty-fold increase in religious entries in the

Congressional Record during the 1950s, with titles such as “Great Christian,” “Our

Holy Father,” “Christ and Politics,” etc.). Moreover, even if the “political

philosophy” argument were true, the addition of “under God” would still be

unconstitutional. Advocacy for one religious view – whether or not it is in the

guise of “history,” “heritage,” or “patriotism” – is still advocacy for one religious

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view. Thus, it violates the First Amendment’s call for government “remaining

religiously neutral.” Lemon v. Kurtzman, 403 U.S. 602, 618 (1971).

Had the 83rd Congress really felt that it was so important to single out our

religious heritage (as opposed to our diplomatic heritage, our innovative heritage,

our artistic heritage, etc.), it could easily have abided by the true “political

philosophy” embodied in the Constitution and added “one Nation under religious

freedom.” The fact that they chose a divisive religious claim further demonstrates

this sham.

V. Virtually All of the Verbiage in the Opposing Briefs is Irrelevant

“[W]hen the language of the statute is plain, legislative history is irrelevant.”

Zedner v. United States, 547 U.S. 489, 510 (2006) (Scalia, J., concurring). “Under

God” is very plain. Accordingly, Defendants and their amici have devoted virtually

all of seven briefs towards explaining irrelevant material.25

The space limitations of this Brief preclude any exhaustive showing of the

irrelevancy. By way of one example, however, Plaintiffs will simply take the first

25 Even if one accepts the argument that the phrase, “under God,” has some extensive hidden meaning, contending that this meaning is “that our Nation was founded on the principle that individuals have inalienable rights given by God that no government may take away,” Br.USA(00116045572:61), is nothing more than a expression of Monotheistic bias. The meaning could just as well be “that Protestants are better than Catholics,” see at note 32, infra; “that blacks should continue being enslaved,” Appendix D (“shewing” that our “religious heritage” supports slavery); or anything else.

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sentence from the “official acknowledgments” section of the United States’ Brief.

Br.USA(00116045572:37):

Many Framers attributed the survival and success of the new Nation to the providential hand of God.

and (just as accurately) rewrite it:

Many Framers were rich, White, Protestant, male, and attributed the survival and success of the new Nation to the providential hand of God.

So what? None of those attributes (except being White and, possibly, male) have

anything to do with the words of the Constitution.

What does have to do with the Constitution’s words are acts performed

pursuant to them. For instance, pursuant to Article VI, clause 3, the very first act

of our government involved the affirmative removal of the two references to

God that had been in the previous version of Congress’ “Oath or Affirmation, to

support this Constitution.” Document #34 at CM/ECF 32-33. That is directly on

point in regard to the daily “oath” being requested of Plaintiff school children.

VI. No One Is Being Prevented From Saying “One Nation under the dominant White race”

Cyrus et al. intervened to “continue saying the Pledge of Allegiance in its

entirety.” Br.Cyr(00116046086:12). But they have never been stopped from saying

anything they choose. This case concerns government speech:

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[T]here is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect.

Westside Community Bd. of Ed. v. Mergens, 496 U.S. 226, 250 (1990)).

The Ninth Circuit’s recent decision in Newdow v. Rio Linda USD, Nos. 05-

17257, 05-17344, 06-15093, ___ F.3d ___ (9th Cir. 2010), upheld the Pledge’s

“under God” language by confusing this basic principle, thus turning an innocent

plaintiff (i.e., a child in elementary school) from victim into aggressor: “[Plaintiff]

asks us to prohibit the recitation of the Pledge by other students.” Slip op. at 3874.

“This turns conventional First Amendment analysis on its head.” Lee v.

Weisman, 505 U.S. 577, 596 (1992). Like the Plaintiffs here, the Ninth Circuit

plaintiff no more attempted to prevent other students from saying the Pledge (even

with “under God”) than the plaintiffs in Abington School District v. Schempp, 374

U.S. 203 (1963) attempted to prevent other students from reading the Bible, or the

plaintiffs in Edwards v. Aguillard, 482 U.S. 578 (1987) attempted to prevent other

students from studying “creation science.” Or for that matter, any more than the

plaintiffs in Brown attempted to prevent other (White) students from having only

those of “the dominant White race” as friends. All that is being sought is to end

governmental activities saying, in essence, Blacks, Atheists or members of any

other protected class are second-class citizens.

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In other words, private students and parents can discriminate against

religious or racial minorities all they want. They simply may not “use the

machinery of the State,” Abington, 374 U.S. at 226, for these purposes:

[W]e stated in Zorach v. Clausen, 343 U.S. 306, 313, “We are a religious people whose institutions presuppose a Supreme Being.”

But those who fashioned the First Amendment decided that if and when God is to be served, His service will not be motivated by coercive measures of government. … [T]he command of the First Amendment … [is] that if a religious leaven is to be worked into the affairs of our people, it is to be done by individuals and groups, not by the Government. This necessarily means, first, that the dogma… of no religious group … [is] to be preferred over … any others; … The idea … was to limit the power of government to act in religious matters, not to limit the freedom of religious men to act religiously nor to restrict the freedom of atheists or agnostics.

McGowan v. Maryland, 366 U.S. 420, 563-64 (1961) (Douglas, J., dissenting)

(emphasis added) (citations omitted).

VII. Neither Our “History” Nor Our “Heritage” Justifies the Pledge Alteration

Nothing in the document at issue in this case (i.e., the United States

Constitution) supports the partiality for Monotheism craved by Defendants and

their amici. On the contrary, the Constitution contains only negatives to any such

religious favoritism. Article VI (“[N]o religious test shall ever be required”);

Amendment I (“Congress shall make no law respecting an establishment of

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religion”). As Madison stated, “There is not a shadow of right in the general

government to intermeddle with religion. Its least interference with it, would be a

most flagrant usurpation.” 3 Elliott’s Debates 330.

Moreover, the government created by the Constitution “is acknowledged by

all to be one of enumerated powers.” McCulloch v. Maryland, 17 U.S. 316, 405

(1819). How, then, did the federal government ever acquire the right to add “under

God” to the nation’s Pledge? The answer is that it didn’t, which is the reason that

those seeking to maintain the governmental favoritism for their religious belief so

frequently attempt to divert attention from this issue.

Their favorite technique is to claim that “history” and “heritage” justify

granting to government a discriminatory power that the Framers purposefully

withheld. They do this by citing a variety of documents, including those from the

first North American British settlements. For instance, the United States writes:

In 1620, before embarking for America, the Pilgrims signed the Mayflower Compact in which they announced that their voyage was undertaken “for the Glory of God.” Mayflower Compact, Nov. 11, 1620

Br.USA(00116045572: 35). The Pilgrims and their successors, of course, set up

one of the most religiously oppressive regimes ever known, sentencing to death

anyone who “shall HAVE or WORSHIP any other God but the LORD GOD,”26 or

26 The Colonial Laws of Massachusetts. W. H. Whitmore, Record Commissioner (Boston: Published by Order of the City Council of Boston; 1887) at 14.

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who is “convicted to be of the Sect of Quakers”27 (as but two of the many

examples).

Moreover, the “for the Glory of God” phrase is part of a longer sentence, the

remainder of which the United States conveniently omitted:

Having undertaken for the Glory of God, and Advancement of the Christian Faith, and the Honour of our King and Country.”28

If this line from the Mayflower Compact supports “under God” in the Pledge, then

it supports “under Jesus” as well. In fact, it also supports “under the King of

England.” Is that really an argument intended to succeed?

The documents prior to the Constitution were all steps along the path from

the religious tyranny of the earliest colonial communities to the true religious

equality embodied in the 1789 national charter. Even the Declaration of

Independence29 – referenced in six of the seven opposition briefs30 – was only a

waypoint in this journey.

Although the Declaration states that “all men are created equal,” the equality

of which it spoke was “limited in virtually every colony to white, Protestant, male,

27 Id. at 61. For this offense, the sentence was “Banishment upon pain of Death.” 28 Accessed at http://avalon.law.yale.edu/17th_century/mayflower.asp on May 1, 2010. 29 1 U.S.C. § XLIII (1776). 30 Amicus Alliance Defense Fund does not mention the Declaration.

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property-holding individuals.”31 Defendant New Hampshire emphasizes this state

of affairs in its own history, as the New Hampshire General Congress, “in

anticipation of the Declaration of Independence,” Br.NH(00116045875:20) limited

full rights to “adult white male … landowners … of the ‘protestant religion.’” Id.

at 20-21.

The Declaration also referenced “the merciless Indian savages,” and

impugned Catholicism’s “arbitrary government” and “absolute rule.” Would the

Defendants and their amici, therefore, use the Declaration to perpetuate anti-Indian

and anti-Catholic bias? Would other examples of disregard for these groups’ rights

be used to impose further injuries? Anti-Catholicism was rampant from the settling

of Jamestown through to the 20th century.32 Would that history (plus the

Declaration’s anti-Catholicism) be used to support “one Nation under Protestant

Christianity”?

31 Jack B. Weinstein. The Role of Judges in a Government of, by and for the People, 30 Cardozo L. Rev. 1, 126 (2008). 32 Michael Newdow, Question to Justice Scalia: Does the Establishment Clause Permit the Disregard of Devout Catholics? 38 CAP. U. L. REV. ___ (2010), at 78. Available at SSRN: http://ssrn.com/abstract=1594374 or https://culsnet.law.capital.edu/LawReview/NewdowCULRVol38.pdf.

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“Our cases simply do not support the notion that a law found to have a

‘primary’ effect to promote some legitimate end … is immune from further

examination to ascertain whether it also has the direct and immediate effect of

advancing religion.” Comm. for Public Educ. & Religious Liberty v. Nyquist, 413

U.S. 756, 783 n.39 (1973). Thus, even though “recitation of the Pledge is a

patriotic act,” Br.USA(00116045572:25),33 the Pledge cannot be “considered as a

whole,”34 Br.NH(00116045875:30), when assessing “under God.” Otherwise,

Nyquist would make no sense. Similarly, the “or prayer” addition in Wallace v.

Jaffree, 472 U.S. 38 (1985), would have been upheld, rather than rejected.

Again, substitution of “one Nation under the dominant White Race” can be

considered. Would that phrase, too, be permissible? After all, the “as a whole”

doctrine should permit any discriminatory statement. “One Nation that subjugates

women,” “one Nation under Rev. Sung Myung Moon,” “one Nation that hates

Asians,” etc., should all pass constitutional muster. This is especially true “because

recitation of the Pledge is a patriotic act.” Br.USA(00116045572:25).

Does the Constitution really permit government to inculcate these

“affirmation[s] of a belief and an attitude of mind,” West Virginia Board of

Education v. Barnette, 319 U.S. 624, 633 (1943), into the young children whose

attendance it requires? That would be the consequence of Defendants’ arguments.

33 By Plaintiffs’ count, Defendants and their amici make this point 79 times. 34 This point is made 21 times in the opposing briefs.

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Incidentally, the “patriotism” of the Pledge exacerbates, it does not lessen,

the constitutional violation. With questioned loyalty and love of country, those

whose religion precludes their participation risk being shunned and ridiculed by

their classmates. This imposition of a religious test oath is a wrong, contrary to the

Framers’ ideals. Cf. Article VI, cl. 3 (“no religious test shall ever be required”).

IX. The Only “Binding Precedent” of the Supreme Court Shows that the Pledge Fails the Coercion Test

There has been only one instruction to the lower courts regarding Supreme

Court precedent in this matter. That was the categorical statement that “as a matter

of our precedent, the Pledge policy is unconstitutional.” Elk Grove, 542 U.S. at 49

(Thomas, J., concurring).

Nonetheless, Defendants write, “the issue of the Pledge’s constitutionality –

on its face and as recited voluntarily by students in public schools – has already

been resolved by the United States Supreme Court in two majority decisions that

constitute binding precedent on that point.” Br.USA(00116045572:25). This is a

significant misstatement.

It is a maxim not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision. The reason of this maxim is obvious. The question actually before the Court is investigated with care, and considered in its

27 Case: 09-2473 Document: 00116058015 Page: 36 Date Filed: 05/05/2010 Entry ID: 5443428

full extent. Other principles which may serve to illustrate it, are considered in their relation to the case decided, but their possible bearing on all other cases is seldom completely investigated.

Cohens v. Virginia, 19 U.S. 264, 399-400 (1821).

The allusions to dicta that are “‘necessary to [a] result’” and “‘carefully

considered,’” Br.USA(00116045572:28-29) (citations omitted), are also of no

avail. The Pledge dicta were neither necessary to the results of Lynch v. Donnelly,

465 U.S. 668 (1984) and Allegheny County v. Greater Pittsburgh ACLU, 492 U.S.

573 (1989), nor were they carefully considered. In fact, they were completely

ancillary to those cases, with no briefing whatsoever regarding the Pledge. It is

doubtful that any justice knew Congress admitted its addition of “under God”

would “acknowledge the dependence of our people and our Government upon the

moral directions of the Creator,” APP009, or President Eisenhower envisioned

“millions of our school children … daily proclaim[ing] … the dedication of our

Nation and our people to the Almighty.” APP009-10. That “an atheistic American

… is a contradiction in terms,” APP066, was placed into the Congressional

Record, or Onward, Christian Soldiers – hardly a “patriotic” song – was played at

Congress’ celebration of the new law were also matters of which the justices were

likely unaware.

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The United States’ reliance on Supreme Court dicta totally ancillary to the

cases it cites is especially remarkable in view of its own recognition that

“Establishment Clause jurisprudence is highly context-specific.”

Br.USA(00116045572:32). So, too, is its reliance on various individual opinions,

while it simultaneously argues that “the Court has expressly warned lower courts

not to assume the Court has adopted one position or another based on statements in

individual opinions.” Br.USA(00116045572:33).

Despite the attempt to render them insignificant, it is the Supreme Court’s

“ocean of principled statements,” Br.USA(00116045572:31-33), that matter. The

reader will note that the total number of principled statements supporting

Defendants’ position is zero.

X. Marsh v. Chambers is the Exception that Hardly Proves the Rule

Defendants and their amici rely strongly on Marsh v. Chambers, 463 U.S.

783 (1983). Br.USA(00116045572:34); BR.NH(00116045875:49);

Br.CD(00116046086:41-43); Br.WB(00116049264:passim);

Br.FML(00116052108:25-26); which Plaintiffs already fully discussed.

AOB(00116011446:59-62). To rely upon “an exception to the Establishment

Clause,” 463 U.S. at 796 (Brennan, J., dissenting), which has been implicitly

overruled (“the religious liberty protected by the Constitution is abridged when the

State affirmatively sponsors the particular religious practice of prayer,” Santa Fe

29 Case: 09-2473 Document: 00116058015 Page: 38 Date Filed: 05/05/2010 Entry ID: 5443428

Independent School District v. Doe, 530 U.S. 290, 313 (2000)) seems a rather

desperate strategy. This is especially so when Marsh is being applied here to a

public school practice, and the Supreme Court explicitly wrote of how “[i]nherent

differences between the public school system and a session of a state legislature

distinguish this [public school] case from Marsh v. Chambers.” Lee v. Weisman,

505 U.S. at 596.

XI. The Constitutionality of 4 U.S.C. § 4 Remains at Issue

In its Statement of the Case Defendant-Appellee-Intervenor United States

maintains that “Plaintiffs … abandoned their challenge to the federal statute.”

Br.USA(00116045572:11). Plaintiffs disagree.

In its Order dated August 7, 2008 (Document 44), the District Court granted

the Federal Defendants’ Motions to Dismiss, ruling that it lacked subject matter

jurisdiction over Congress, and that Plaintiffs lacked standing to sue the United

States. Document 44:12. The Court did not, however, determine that the federal

statute could not be challenged. On the contrary, the District Court noted that the

United States had a “limited role … as an intervenor,” Document 44:20, and

specifically stated that “if and when the [School District Defendants] engage on the

merits, the United States will be heard on the constitutionality of 4 U.S.C. § 4.” Id.

Furthermore, the ORDER now being appealed began by noting that one of the

issues it was hearing was “the constitutionality of 4 U.S.C. § 4.” ADD001.

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As to “why the intent of Congress in 1954 should be imputed to … the New

Hampshire legislature,” Br.USA(00116045572:24), the answer is that the question

is misleading. Whenever Congress directs an unconstitutional act, the

constitutional violation is “imputed” to the actor:

[U]nlawful legislative action can be reviewed, not by suing Members of Congress for the performance of their legislative duties, but by enjoining those congressional (or executive) agents who carry out Congress’s directive.

Franklin v. Massachusetts, 505 U.S. 788, 828-29 (1992) (Scalia, J., concurring)

(citations omitted). The School District Defendants are, essentially, those agents.

Moreover, Plaintiffs have sought relief under 42 U.S.C. § 1983, APP003,

which explicitly “provides a remedy … for the deprivation of ‘rights, privileges, or

immunities secured by the Constitution and laws’ of the United States.” Gonzaga

Univ. v. Doe, 536 U.S. 273, 283 (2002). The federal courts have authority to

examine the laws responsible for any such deprivations. City of Boerne v. Flores,

521 U.S. 507, 516 (1997).

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CONCLUSION

“A prime part of the history of our Constitution … is the story of the

extension of constitutional rights and protections to people once ignored or

excluded.” United States v. Virginia, 518 U.S. 515, 557 (1996). It is time for

Atheists to be part of that story. Plaintiffs respectfully request the Court to end the

practice of governmental agents in the public schools leading impressionable

Atheistic children in claiming that God exists.

Respectfully submitted,

s/ Michael Newdow

Attorney for Plaintiffs First Circuit Bar No. 1139132 PO Box 233345 Sacramento, CA 95823

Phone: (916) 427-6669 E-mail: [email protected]

32 Case: 09-2473 Document: 00116058015 Page: 41 Date Filed: 05/05/2010 Entry ID: 5443428

CASE NO. 09-2473

IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

CERTIFICATE OF COMPLIANCE

I certify that pursuant to Fed. R. App. P. 32 (a)(7)(C), the attached opening brief is proportionately spaced and has a typeface of 14 points.

According to Microsoft Word’s “Statistics,” this document – excluding the Cover Page, Table of Contents, Table of Authorities, Appendices, (this) Certificate of Compliance, and Certificate of Service – contains exactly 6,987 words.

May 5, 2010 s/ - Michael Newdow

Michael Newdow Attorney for Plaintiffs PO Box 233345 Sacramento, CA 95823

Phone: (916) 424-2356 E-mail: [email protected]

33 Case: 09-2473 Document: 00116058015 Page: 42 Date Filed: 05/05/2010 Entry ID: 5443428

IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

CASE NO. 09-2473

FFRF, et al. v. Hanover School District, et al.

CERTIFICATE OF SERVICE

I hereby certify that on May 5, 2010, I filed the APPELLANTS’ REPLY BRIEF electronically with the Clerk of the United States Court of Appeals for the First Circuit, using the CM/ECF system. Service was thus presumably made upon:

Lowell Vernon Sturgill Jr. Theodore Charles Hirt Gretchen Leah Witt Counsel for Defendant - Appellee United States;

Nancy J. Smith Counsel for Defendant – The State of New Hampshire;

Eric C. Rassbach Kevin J. Hasson Bradford T. Atwood Counsel for Defendant - Appellee Muriel Cyrus, et al.

On 11/23/2009, Counsel for the School District Defendants, David Bradley, requested that he “be removed from the service list.” Document 00115982637. That request was apparently granted by the Court’s Order dated 01/22/2010.

s/ - Michael Newdow

MICHAEL NEWDOW, Plaintiffs’ counsel USCA (FIRST CIRCUIT) BAR #1139132 PO BOX 233345 SACRAMENTO, CA 95831

(916) 424-2356 [email protected]

Case: 09-2473 Document: 00116058015 Page: 43 Date Filed: 05/05/2010 Entry ID: 5443428

LIST OF APPENDICES

Appendix A Current (2010) State Constitutions with Provisions Facially Discriminatory Towards Atheists

Appendix B Sampling of Congressional Record Pages After the 2002 Ninth Circuit Decision Declaring “Under God” in the Pledge Unconstitutional

Appendix C Religion in the Congressional Record (Circa 1954)

Appendix D Cover of Rev. R. Harris Slavery Tract

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APPENDIX A

Current (2010) State Constitutions with Provisions Facially Discriminatory Towards Atheists

Case: 09-2473 Document: 00116058015 Page: 45 Date Filed: 05/05/2010 Entry ID: 5443428

APPENDIX A

Current (2010) State Constitutions with Provisions Facially Discriminatory Towards Atheists

Arkansas State Constitution: Article 19, Section 1 (“No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any court.”);

Maryland State Constitution: Article 37 (“That no religious test ought ever to be required as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God.”);

Mississippi State Constitution: Article 14, Section 265 (“No person who denies the existence of a Supreme Being shall hold any office in this state.”);

North Carolina State Constitution: Article 6, Section 8 (“The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God.”);

Pennsylvania State Constitution: Article 1, Section 4 (“No person who acknowledges the being of a God and a future state of rewards and punishments shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this Commonwealth.”);

South Carolina State Constitution: Article 17, Section 4 (“No person who denies the existence of a Supreme Being shall hold any office under this Constitution.”);

Tennessee State Constitution: Article 9, Section 2 (“No person who denies the being of God, or a future state of rewards and punishments, shall hold any office in the civil department of this state.”);

Texas State Constitution: Article 1, Section 4 (“No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.”)

A001 Case: 09-2473 Document: 00116058015 Page: 46 Date Filed: 05/05/2010 Entry ID: 5443428

APPENDIX B

Sampling of Congressional Record Pages After the 2002 Ninth Circuit Decision Declaring “Under God” in the Pledge Unconstitutional

Case: 09-2473 Document: 00116058015 Page: 47 Date Filed: 05/05/2010 Entry ID: 5443428

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, WEDNESDAY, JUNE 26, 2002 No. 87 House of Representatives The House met at 10 a.m. point of order that a quorum is not Mr. FOLEY. Mr. Speaker, it is my The Reverend David E. Paul, Pastor, present. great honor to welcome Dr. David Paul First United Methodist Church, The SPEAKER. Pursuant to clause 8, and his wife, Judy, to the House Cham- Clewiston, Florida, offered the fol- rule XX, further proceedings on this ber this morning. I join my colleague, lowing prayer: question will be postponed. the gentleman from Florida (Mr. Our Heavenly Father, we come to The point of no quorum is considered HASTINGS), in this great honor. You with grateful hearts for the daily withdrawn. Dr. Paul is a third generation Flo- evidence of Your love. You are always f ridian. He was born in Miami, Florida, with us. You are always available to PLEDGE OF ALLEGIANCE in 1946; and he is a graduate of Miami us. Senior High School and the University The SPEAKER. Will the gentleman There are times, Lord, when we ig- of Florida. Go Gators. from New York (Mr. MCNULTY) come nore You and Your guidance. Forgive He is a true spiritual leader rooted in forward and lead the House in the us. Forgive us when we stray away Florida. Pledge of Allegiance. from the ideals and goals You have An accomplished trombone player, Mr. MCNULTY led the Pledge of Alle- given our great Nation. Enable us to Reverend Paul played with the Savan- giance as follows: nah Symphony Orchestra for a number forgive ourselves and each other. I pledge allegiance to the Flag of the We thank You, Lord, for Your guid- of years before attending the Asbury United States of America, and to the Repub- Theological Seminary in Wilmore, ance and Your love. We thank You for lic for which it stands, one nation under God, the trust our citizens have given these indivisible, with liberty and justice for all. Kentucky, where he earned his master of divinity degree and doctor of divin- persons. This trust, along with Your f presence, strengthens and enables them ity. MESSAGE FROM THE SENATE After 10 years in Kentucky, Dr. Paul to have the courage to deal with the again regained his senses and returned hard decisions that face them. A message from the Senate by Mr. to Florida where he has served church- We pray for those today who need a Monahan, one of its clerks, announced es in Eustic, Groveland, Clewiston and special sense of divine love, whose lives that the Senate has passed a bill of the following title in which the concur- Lake City. need encouragement and peace. I know the community in Clewiston Sustain our Nation and guide the rence of the House is requested: S. 2621. An act to provide a definition of ve- was very sad to see Reverend Paul head House of Representatives as it seeks to to Lake City, but one community’s loss do Your will. hicle for purposes of criminal penalties relating to terrorist attacks and other acts of vio- is another’s gain; and I am sure he will In Christ’s name, Amen. lence against mass transportation systems. have the same impact in Lake City f The message also announced that that he had for us in Clewiston. THE JOURNAL pursuant to Public Law 106–170, the f The SPEAKER. The Chair has exam- Chair on behalf of the Republican RECOGNIZING THE STEP AHEAD Leader, after consultation with the ined the Journal of the last day’s pro- TO SUCCESS FARMWORKER Ranking Member of the Senate Com- ceedings and announces to the House YOUTH PROGRAM mittee on Finance, announces the ap- his approval thereof. pointment of the following individuals (Ms. ROS-LEHTINEN asked and was Pursuant to clause 1, rule I, the Jour- to serve as members of the Ticket to given permission to address the House nal stands approved. Work and Work Incentives Advisory for 1 minute and to revise and extend Mr. GIBBONS. Mr. Speaker, pursuant Panel— her remarks.) to clause 1, rule I, I demand a vote on Vicent Randazzo of Virginia, vice Ms. ROS-LEHTINEN. Mr. Speaker, I agreeing to the Speaker’s approval of Stephanie Lee Smith, resigned; and recognize the Step Ahead to Success the Journal. Katie Beckett of Iowa, for a term of Farmworker Youth Program and con- The SPEAKER. The question is on four years. gratulate the program’s 2002 graduates. the Speaker’s approval of the Journal. f I want to especially commend the pro- The question was taken; and the gram’s director, Maria Garza, and Speaker announced that the ayes ap- WELCOMING THE REVEREND Miami-Dade County Manager Steve peared to have it. DAVID E. PAUL Shiver, whose tireless efforts have Mr. GIBBONS. Mr. Speaker, I object (Mr. FOLEY asked and was given per- made this program a great success. to the vote on the ground that a mission to address the House for 1 Since its inception in late 2000, the quorum is not present and make the minute.) program has provided 275 at-risk young

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H3931

VerDate 11-MAY-2000 03:37 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.000 pfrm12 PsN: H26PT1 B001 Case:H4024 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 48 Date— HOUSEFiled: 05/05/2010 EntryJune ID: 26, 5443428 2002 SEC. 2. INCREASE IN ANNUAL RATE OF BASIC make a one-time bonus payment in an SEC. 12. USE OF VEHICLES TO TRANSPORT PO- COMPENSATION. amount not to exceed $500 to any officer or LICE DOGS. For fiscal year 2003, the Capitol Police member who participates in the program es- Notwithstanding any other provision of Board shall increase the annual rate of basic tablished under subsection (a) upon the offi- law, an officer of the United States Capitol compensation applicable for officers and cer’s or member’s completion of the course Police who works with a police dog and who members of the Capitol Police for pay peri- of study involved. is responsible for the care of the dog during ods occurring during the year by 5 percent, SEC. 8. BONUS PAYMENTS FOR OFFICERS AND non-working hours may use an official Cap- except that in the case of officers above the EMPLOYEES WHO RECRUIT NEW OF- itol Police vehicle when the officer is accom- rank of captain the increase shall be made at FICERS. panied by the dog to travel between the offi- a rate determined by the Board at its discre- (a) IN GENERAL.—The Capitol Police Board cer’s residence and duty station and to oth- tion (but not to exceed 5 percent). may make a one-time bonus payment in an erwise carry out official duties. SEC. 3. INCREASE IN RATES APPLICABLE TO amount not to exceed $500 to any officer, SEC. 13. SENSE OF CONGRESS ON MANAGEMENT NEWLY-APPOINTED MEMBERS AND member, or civilian employee of the Capitol OF CAPITOL POLICE. EMPLOYEES. Police who recruits another individual to It is the sense of Congress that, to the The Capitol Police Board may compensate serve as an officer or member of the Capitol greatest extent possible consistent with the newly-appointed officers, members, and ci- Police. mission of the Capitol Police, the chief of vilian employees of the Capitol Police at an (b) EXEMPTION OF RECRUITMENT OFFICERS.— the Capitol Police should seek to deploy the annual rate of basic compensation in excess No payment may be made under subsection human and other resources of the Police in a of the lowest rate of compensation otherwise (a) to any officer, member, or civilian em- manner maximizing opportunities for indi- applicable to the position to which the employee who carries out recruiting activities vidual officers to be trained for, and to ac- ployee is appointed, except that in no case for the Capitol Police as part of the individ- quire and maintain proficiency in, all as- may such a rate be greater than the max- ual’s official responsibilities. pects of the Police’s responsibilities, and to imum annual rate of basic compensation (c) TIMING.—No payment may be made rotate regularly among different posts and otherwise applicable to the position. under subsection (a) with respect to an indi- duties, in order to utilize fully the skills and SEC. 4. ADDITIONAL COMPENSATION FOR SPE- vidual recruited to serve as an officer or talents of officers, enhance the appeal of CIALTY ASSIGNMENTS. member of the Capitol Police until the indi- their work, and ensure the highest state of Section 909(e) of the Emergency Supple- vidual completes the training required for readiness. mental Act, 2002 (40 U.S.C. 207b–2(e)), is new officers or members and is sworn in as SEC. 14. AUTHORIZATION OF APPROPRIATIONS. amended— an officer or member. There are authorized to be appropriated for (1) in the heading, by inserting ‘‘AND OFFI- SEC. 9. DEPOSIT OF CERTAIN FUNDS RELATING fiscal year 2003 and each succeeding fiscal CERS HOLDING OTHER SPECIALTY ASSIGN- TO THE CAPITOL POLICE. year such sums as may be necessary to carry MENTS’’ after ‘‘OFFICERS’’; (a) IN GENERAL.— out this Act and the amendments made by (2) in paragraph (1), by inserting ‘‘or who is (1) DISPOSAL OF PROPERTY.—Any funds this Act. assigned to another specialty assignment from the proceeds of the disposal of property SEC. 15. EFFECTIVE DATE. designated by the chief of the Capitol Po- of the Capitol Police shall be deposited in Except as otherwise provided, this Act and lice’’ after ‘‘field training officer’’; and the United States Treasury for credit to the the amendments made by this Act shall (3) in paragraph (2), by striking ‘‘officer,’’ appropriation for ‘‘GENERAL EXPENSES’’ under apply with respect to pay periods occurring and inserting ‘‘officer or to be assigned to a the heading ‘‘CAPITOL POLICE BOARD’’, or during fiscal year 2003 and each succeeding designated specialty assignment,’’. ‘‘SECURITY ENHANCEMENTS’’ under the head- fiscal year. SEC. 5. APPLICATION OF PREMIUM PAY LIMITS ing ‘‘CAPITOL POLICE BOARD’’. ON ANNUALIZED BASIS. (2) COMPENSATION.—Any funds for com- The bill was ordered to be engrossed (a) IN GENERAL.—Any limits on the amount pensation for damage to, or loss of, property and read a third time, was read the of premium pay which may be earned by offi- of the Capitol Police, including any insur- third time, and passed, and a motion to cers and members of the Capitol Police dur- ance payment or payment made by an officer reconsider was laid on the table. ing emergencies (as determined by the Cap- or civilian employee of the Capitol Police for itol Police Board) shall be applied by the such compensation, shall be deposited in the f Capitol Police Board on an annual basis and United States Treasury for credit to the ap- not on a pay period basis. propriation for ‘‘GENERAL EXPENSES’’ under NOTIFYING MEMBERS TO CON- (b) EFFECTIVE DATE.—Subsection (a) shall the heading ‘‘CAPITOL POLICE BOARD’’. apply with respect to hours of duty occur- (3) REIMBURSEMENT FOR SERVICES PROVIDED TACT COMMITTEE ON JUDICIARY ring on or after September 11, 2001. TO GOVERNMENTS.—Any funds from reim- TO COSPONSOR RESOLUTION RE- SEC. 6. THRESHOLD FOR ELIGIBILITY FOR ADDI- bursement made by another entity of the GARDING PLEDGE OF ALLE- TIONAL ANNUAL LEAVE. Federal government or by any State or local GIANCE government for assistance provided by the The Capitol Police Board shall provide (Mr. SENSENBRENNER asked and that an officer or member of the Capitol Po- Capitol Police shall be deposited in the lice who completes 3 years of employment United States Treasury for credit to the ap- was given permission to address the with the Capitol Police (taking into account propriation for ‘‘GENERAL EXPENSES’’ under House for 1 minute and to revise and any period occurring before, on, or after the the heading ‘‘CAPITOL POLICE BOARD’’. extend his remarks.) date of the enactment of this Act) shall re- (b) EXPENDITURES.—Funds deposited under Mr. SENSENBRENNER. Mr. Speak- ceive 8 hours of annual leave per pay period. subsection (a) may be expended by the Cap- er, earlier today, the United States itol Police Board for any authorized purpose SEC. 7. FINANCIAL ASSISTANCE FOR HIGHER Court of Appeals for the Ninth Circuit (subject to the approval of the Committee on EDUCATION COSTS. held that the Pledge of Allegiance is an (a) TUITION REIMBURSEMENT.— House Administration of the House of Rep- resentatives and the Committee on Rules unconstitutional endorsement of reli- (1) IN GENERAL.—The Capitol Police Board gion. This ruling treats any public reli- shall establish a tuition reimbursement pro- and Administration of the Senate) and shall gram for officers and members of the Capitol remain available until expended. gious reference as inherently evil and Police who are enrolled in or accepted for en- (c) EFFECTIVE DATE.—This section shall is an attempt to remove religious rollment in a degree, certificate, or other apply with respect to fiscal year 2003 and speech from the public arena from program leading to a recognized educational each succeeding fiscal year. those who disagree. credential at an institution of higher edu- SEC. 10. INCREASE IN NUMBER OF AUTHORIZED This ruling is ridiculous, and I have cation in a course of study relating to law POSITIONS. introduced a resolution today with the Effective with respect to fiscal year 2002 enforcement. gentleman from Mississippi (Mr. PICK- (2) ANNUAL CAP ON AMOUNT REIMBURSED.— and each fiscal year thereafter, the total ERING) that specifically states that the The amount paid as a reimbursement under number of full-time equivalent positions of the program established under this sub- the United States Capitol Police (including phrase ‘‘one Nation, under God’’ should section with respect to any individual may positions for members of the Capitol Police remain in the Pledge of Allegiance, and not exceed $3,000 during any year. and civilian employees) may not exceed 1,981 that the Ninth Circuit Court of Appeals (3) APPROVAL OF REGULATIONS.—The pro- positions. should agree to rehear this ruling en gram established under this subsection shall SEC. 11. DISPOSAL OF FIREARMS. banc to reverse this constitutionally take effect upon the approval of the regula- The disposal of firearms by officers and infirm and historically inaccurate rul- tions promulgated by the Capitol Police members of the United States Capitol Police ing. Board to carry out the program by the Com- shall be carried out in accordance with regu- Members who wish to cosponsor this mittee on House Administration of the lations promulgated by the Capitol Police House of Representatives and the Committee Board and approved by the Committee on resolution should contact the Com- on Rules and Administration of the Senate. Rules and Administration of the Senate and mittee on the Judiciary at 5–3190. It is (b) BONUS PAYMENTS FOR COMPLETION OF the Committee on House Administration of my hope that the House of Representa- DEGREE.—The Capitol Police Board may the House of Representatives. tives will bring it up promptly.

VerDate 11-MAY-2000 02:18 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.053 pfrm12 PsN: H26PT1 B002 Case:H4030 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 49 Date— HOUSEFiled: 05/05/2010 EntryJune ID: 26, 5443428 2002 (Mr. FILNER addressed the House. done about the accounting system? judges in San Francisco have told this His remarks will appear hereafter in Well, we are going to let the market Nation at war that our Pledge of Alle- the Extensions of Remarks.) work, the Republicans said. We adopted giance is unconstitutional. Personally, f some securities and accounting reforms Mr. Speaker, I am sickened. The here. They say let them police them- Pledge is not a prayer. It is a declara- CORPORATE SCANDALS selves. Of course we get Harvey Pitt, tion of being an American. It is the em- The SPEAKER pro tempore. Under a Harvey Pitt appointed by the President bodiment of everything we hold dear, previous order of the House, the gen- of the United States, George Bush, to the flag, the Republic, and one Nation tleman from Oregon (Mr. DEFAZIO) is be headed by the Securities and Ex- under God. recognized for 5 minutes. change Commission. He is a former I guess in a country where our con- Mr. DEFAZIO. Mr. Speaker, well, to- lawyer for the securities companies stitutional safeguards have been taken day’s headlines, WorldCom Finds Ac- that are out defrauding the American to the extreme and have had to have counting Fraud, $3.8 billion, slight people. He is going to be a real lap dog nativity scenes removed from town misstatement of their earnings. The down there. So the response here is sta- squares and even silent prayers re- stock dropped from $64.50 down to a few tus quo, do not upset the boat. moved from high school football pennies, and 17,000 people will lose So there seems to be a common trend games, I should not be surprised. I sus- their jobs, but the former CEO is living here which is we are in a meltdown. pect it is only a matter of time or a happily in his mansion on the millions American CEOs are discredited, Amer- matter of finding the right lawyer who which he looted, as are many of his co- ican corporations are discredited, the is seeking to make a name for himself horts. This is a pattern that is being stock market is crashing, hurting aver- to proclaim that the U.S. flag is uncon- repeated time and time again. It has age Americans; and the response on stitutional and that by flying the flag gone on for far too long. that side of the aisle is do not do any- someone may be offended by its sem- It started a year ago today with the thing, let market forces work and, by blance. We are forced to say happy energy scandals in the West, little the way, let the CEOs skate. Oh, yes, holidays instead of Merry Christmas. more than a year ago today. We were we did do one really important thing We are forced to say gesundheit rather told by the Republican majority this is last week. We passed the permanent re- than God bless you. If a school teacher market forces at work, you have not peal of estate tax for people who have mentions Jesus during a lesson on his- built enough plants, has nothing to do over $5 million of assets to make sure tory, that teacher faces disciplinary with market manipulation. Well, now that Ken Lay, Mr. Fastow, and all action. Mr. Speaker, it is time we put our we got the memo that, in fact, Enron these others who have ripped off tens of foot down as a body, a representative was manipulating the markets, but millions of dollars from their employ- body of this country and respond to even with those market manipulations ees will never pay any taxes on the this outrageous decision and proclaim they went bankrupt. money they stole. God forbid they that these United States are united Their former CEO, Mr. Lay, and their should, because they are all major con- against terrorism, united against this former Chief Operating Officer, Mr. tributors. decision, and united under God. Fastow, have between them more than Last week the Republicans held the $100 million while employees have lost largest fundraiser in the history of f their pensions and their jobs. Washington, D.C., headlined by the PRESCRIPTION DRUGS UNDER b 1815 wonderful pharmaceutical companies, MEDICARE but followed up by many of the other The SPEAKER pro tempore. Under a This seems to be a pattern, does it players whom I have mentioned here not? What is the response of the Repub- previous order of the House, the gen- because their CEOs happen to be awash tleman from Texas (Mr. GREEN) is rec- lican majority? Well, we pretended to in cash, and they want to make sure adopt pension reform, but we did not ognized for 5 minutes. they do not go to jail. So they are be- Mr. GREEN of Texas. Mr. Speaker, prohibit what Enron did to its employ- coming more and more generous in last week the Committee on Energy ees happening at other corporations, their contributing. and Commerce spent 3 long days and and it looks like there is a whole heck This is the most outrageous scandal one very long night marking up a piece of a lot of other corporations out there in the history of the United States. of legislation that is supposed to pro- on the edge while the CEOs are living The largest restatement of earnings by vide seniors with a Medicare prescrip- on the gravy here, and that was sort of a corporation, tens of thousands of em- tion drug benefit. I say ‘‘supposed to’’ the initial response. ployees losing their pensions, their because most Americans support put- Then we had another little scandal jobs, millions of Americans losing their ting prescription drugs under Medicare. coming along here which was American 401(k)s, their pensions; and the re- I have a graph here that shows those corporations do not think they should sponse on the Republican side of the who support or oppose rolling back the pay taxes anymore. Stanley Works aisle is nothing, because they are fro- tax cut that Congress passed last year wants to move to Bermuda, set up the zen in place by the fact that they are and using that money to provide a pre- new Bermuda Triangle, avoid U.S. taking so much money from the people scription drug benefit under Medicare taxes on its U.S. earnings and its over- who have perpetrated these frauds. I for seniors. Supporting is 64 percent, seas earnings. Bank of America has hope that the American people demand opposing is 25 percent, and 6 percent do done the same scam. The corporations and vote for some change next fall. not think Medicare ought to have pre- are lined up from here to Sunday to do f scription drugs. This poll was done be- that. tween March 28 and May 1 of this year. REACTION TO U.S. 9TH DISTRICT What is the response on that side? So instead of having the huge tax cut COURT DECISION CONCERNING Well, the Secretary of the Treasury that we passed last year before Sep- says our tax laws are too complex, this THE PLEDGE OF ALLEGIANCE tember 11 and extending them even is a rational response by these unpatri- The SPEAKER pro tempore (Mr. after 9 years from now, the American otic corporations who are ripping off KERNS). Under a previous order of the people really want a prescription drug the American people, taxpayers and House, the gentleman from Florida benefit for seniors before they want a their own employees, and the majority (Mr. JEFF MILLER) is recognized for 5 tax cut. leader on that side says he endorses minutes. What is frustrating is that if we had this practice that they should not pay Mr. JEFF MILLER of Florida. Mr. been able to pass even one single taxes unlike working wage-earning Speaker, look what the courts have Democratic amendment during that Americans. done now. Just when we think life after markup, I think all those days and Then we had Global Crossing, the September 11 had gained some sense of that night would have been well spent. CEO, a couple hundred million bucks normalcy, just after patriotism at a Unfortunately, every effort we made to there, little accounting scandal; Enron, level not seen since World War II had improve the bill, and there was so accounting scandal; Tyco, accounting permeated every segment of our soci- much to improve, was shot down on ba- scandal; now WorldCom. What have we ety, a society under God, two liberal sically party line votes.

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.123 pfrm12 PsN: H26PT1 B003 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 50 Date— HOUSEFiled: 05/05/2010 Entry ID:H4045 5443428 Mrs. MALONEY of New York. Mr. Speaker, porations wallow in their spoils, seniors suffer against this Congress. In the latter I thank you, Congresswoman THURMAN for or- without coverage. case, he wished us to be ordered by ganizing this important special order on the Unfortunately, the brunt of the problem falls court immediately to rewrite the stat- need for prescription drug coverage. squarely on our nation’s olderly women, who ute, the statute he wished that we Medicare provides health care coverage to are nearly sixty percent of our senior citizens. would rewrite so that the words ‘‘under forty million retired and disabled Americans. We need to take care of America’s older God’’ would be deleted from the Pledge For decades, Medicare has worked to pro- women, we need to help all of our senior citi- of Allegiance. vide needed, lifesaving health care to millions, zens. I think because the Pledge is so fa- but it is missing a fundamental component: a Mr. Speaker, we must pass the Democratic miliar to us, particularly the Pledge prescription drug benefit. prescription drug plan without delay. It is built has been recited by so many so often in If we have courage, this Congress can on a proven model medicare. The Republican so many public ways, whether it be at make history and give our nation’s seniors plan only offers gap-ridden coverage. The Re- sporting events or public gatherings what they desperately need: a real, and mean- publican bill is about privatization. The Repub- since September 11, that it comes as ingful prescription drug plan. lican plan is all about election year politics. something of an unexpected surprise I am proud to joint my Democratic Col- For the sake of our seniors, we must pass that a court would rule this way. I will leagues, lead by Mr. DINGELL, Mr. RANGEL, Mr. the democratic plan, and we must pass it now. devote a brief portion of my brief re- STARK and Mr. BROWN, as an original cospon- f marks this evening to the substance of sor of the ‘‘Medicare Prescription Drug Benefit the question and, that is, whether or and Discount Act.’’ b 2030 not Congress, which was a defendant in I come to the floor this evening to discuss GENERAL LEAVE this case, was within its rights to write two points: the law as we did a half century ago; Number 1: unlike the Republican drug plan, Mrs. THURMAN. Mr. Speaker, I ask but I would spend most of my time the Democratic plan is simple because it unanimous consent that all Members drawing attention to what I consider to builds upon a proven model—Medicare. may have 5 legislative days within be the sloppy jurisprudence in this Just like seniors pay a Part B premium which to revise and extend their re- case. today for doctor visits, under our plan, seniors marks on the subject of my Special What is really at issue in what shall would pay a voluntary Part D premium of $25 Order. become a very well known decision of per month for drug coverage. For that, Medi- The SPEAKER pro tempore (Mr. Newdow v. U.S. Congress is the rule of care or the government will pay 80 percent of KERNS). Is there objection to the re- law. Precious little respect was paid to drug costs after a $100 deductible. And NO quest of the gentlewoman from Flor- precedent in this case, because many of senior will have to pay more than $2,000 in ida? the questions, procedural questions in- costs per year. There was no objection. deed, not just the substance here, There is an urgent need for this plan. The f many of the questions have already most recent data indicates that almost 40 per- NINTH CIRCUIT RULES PLEDGE OF been decided. But this court chose to cent of serniors—an estimated 11 million— ALLEGIANCE UNCONSTITUTIONAL decide the same questions differently, have no drug coverage. Problems are particu- and that lack of respect for precedent larly acute for low income seniors and seniors The SPEAKER pro tempore. Under raises questions about the rule of law over the age of 85 (the majority whom are the Speaker’s announced policy of Jan- in America, about the predictability of women). Additionally, those older Americans uary 3, 2001, the gentleman from Cali- the law, about the ability of any of us who do have coverage find that their coverage fornia (Mr. COX) is recognized for 60 to know in advance what are the rules is often inadequate for their needs. minutes as the designee of the major- to which we must conform our conduct. The Democratic plan is a real plan with real ity leader. Let me begin by just describing a lit- numbers, not estimates. Mr. COX. Mr. Speaker, I rise this tle bit about the case, a little bit about Point 2: the Republican Plan does nothing evening to bring to the attention of the the facts of the case. Newdow, the fel- to bring down the cost of prescription drugs. House the decision of the Ninth Circuit low who brought the lawsuit, is an The Democratic plan is the only plan that pro- Court of Appeals in the case of Michael atheist whose daughter attends public vides real Medicare prescription drug cov- A. Newdow v. United States Congress. elementary school in the Elk Grove erage for our seniors by stopping soaring drug This case, Mr. Speaker, even though it Unified School District in my State of costs. was decided by the Ninth Circuit Court California. In the public school that Under the buying power of Medicare, of Appeals only a few hours ago, has al- she attends, like many public schools, through competition and bargaining we can ready attracted considerable national they start the day with the Pledge of rein in drug costs. Prescription drug costs are attention. Indeed, it has drawn the Allegiance. too high for our older Americans. They need comment of the President of the But Newdow, according to the Ninth help now! United States. Circuit, does not allege that his daugh- For instance, look at Prevacid. Prevacid is The reason is rather simple. It is a ter’s teacher or school district requires an unclear medication, and the second most decision involving something that is his daughter to participate in reciting widely used drug by American seniors. The well known to all of us in this Cham- the Pledge. Rather, he claims that his cost for this prescription is on average ber, the Pledge of Allegiance. The daughter is injured when she is com- $137.54 per month in New York City—cut only Ninth Circuit Court of Appeals has pelled to watch and listen. That is $45.02 in the United Kingdom, a price different ruled that the Pledge of Allegiance, what this lawsuit is all about, accord- of 200 percent. written into statute a half century ago, ing to the Ninth Circuit. The gravamen Or look at Celebrex, a popular arthritis is unconstitutional. Of course this of the complaint is there is injury, that medication and a drug needed by many older Chamber is opened each day with a is the word that is used, and it is an women, especially, since older women are recitation of the Pledge of Allegiance. important word, as I shall return to in stricken more often than men by arthritis. Ac- Public schools across the country begin just a moment. There is injury when cording to a Government Reform Committee their day this way. Some Members and someone is required to be in the pres- report released by Mr. WEINER and myself, a some students may, if they choose, lis- ence of others who are reciting some- monthly supply of this drug costs $86.26 in ten or absent themselves, indeed, be- thing in which they believe. The New York City. In France, a monthly supply of cause there is no requirement of Mem- United States Supreme Court was Celebrex costs only $30.60. This is a price bers of Congress as we open our day asked to decide this question, this very differental of 182 percent. Seniors in New this way or of students that they recite question, in another case, Valley Forge York City without drug coverage must pay al- the Pledge. It is a voluntary act. Christian College v. Americans United most three times as much as purchasers in Nonetheless, a parent, Michael A. for Separation of Church and State, In- France. Newdow, of a student in a California corporated, 1982. Here is what the Prices for prescriptions have risen 10 per- public school, brought a lawsuit, one of Court said in the Valley Forge case: cent per years for the last several years, lead- several that he has brought, urging an ‘‘The psychological consequence pre- ing to over $37 billion in profits last year for injunction against the President of the sumably produced by observation of the giant drug companies. While these cor- United States and an injunction conduct with which one disagrees is

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.065 pfrm12 PsN: H26PT1 B004 Case:H4046 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 51 Date— HOUSEFiled: 05/05/2010 EntryJune ID: 26, 5443428 2002 not an injury sufficient to confer bitrary. We have heard it said that we Indeed, it was pointed out in that con- standing under article 3, even though are a government of laws, not men. Yet nection and in other connections that the disagreement is phrased in con- what does it mean when it is essen- that is what the Pledge of Allegiance is stitutional terms.’’ tially a lottery? We roll the dice. We do about. If there is liberty for all, that Let me describe a little bit about not know how these cases are going to means we have to be free in our minds what the Court was saying here. The turn out in advance because it is up to as well as in our physical actions, and Court said there was no standing under the judges and their personal view. so we cannot be compelled to say we article 3. That is lawyer language One of the contests in constitutional believe something that we do not be- which means there was no case. The law, in constitutional interpretation, is lieve. A very important case. very jurisdiction of a Federal court re- between those who believe in what is But they went on. They said that it quires as a condition for proceeding to sometimes referred to as original in- was unconstitutional because it in- hear the facts and apply the law that tent, those who believe that what the vades the sphere of intellect and spirit there be an injury in fact, somebody be people who wrote it matters in inter- which it is the purpose of the first injured by the thing about which they preting the words, versus those who be- amendment to our Constitution to re- are complaining. And so that was a lieve in the Constitution as a living serve from all official control. It was threshold question that the Court had document, that the way we choose to the compulsory aspect of what was to decide here: Was this man, Mr. interpret those words in our time and going on in that case that bothered the Newdow, sufficiently injured person- place ought to govern. Court. The Court noted that the school ally by what was going on in this case, It is of some great consequence how district was compelling the students to particularly by the act of Congress, one answers that question, because the declare a belief and requiring the indi- which is what he was suing about? And Founders lived some time ago; and vidual to communicate by word and the Supreme Court said ‘‘no’’ in the whether or not one agrees with them or sign. Remember, the Pledge was ac- case of Valley Forge. They could not disagrees with them subsequently, in companied by a flag salute or a hand have said ‘‘no’’ in plainer terms, be- subsequent ages, at least what was set- over the heart. ‘‘The compulsory flag cause he pleaded in his action that his tled at the time becomes an objective salute and Pledge requires affirmation daughter’s teacher and the school dis- standard. And the Founders left us of a belief and an attitude of mind,’’ trict did not require his daughter to with an article in the Constitution, ar- those further words from the Court’s participate in reading the Pledge of Al- ticle 5, that permits us in our time and decision in the Barnette case. legiance. That was his allegation about place to amend the document if we de- The Court also said, ‘‘If there is any this case. Rather, he claims that his cide that it is too much of a tight col- fixed star in our constitutional con- daughter is injured when she is com- lar for us and we cannot live within stellation, it is that no official, high or pelled to watch and listen. those strictures in our place and time. petty, can prescribe what shall be or- So now let us go back to that lan- So is there anything about the first thodox, in politics, nationalism, reli- guage of the Supreme Court. The Su- amendment which is at issue here in gion or other matters of opinion or preme Court said, ‘‘The psychological the time of its drafting and what was force citizens to confess by word or act consequence presumably produced by on the mind of the Founders that can their faith therein.’’ observation of conduct with which one help us understand whether they disagrees is not an injury sufficient to thought that references to God in pub- b 2045 confer standing under article 3, even lic places, not references to a par- Note what was going on in the though the disagreement is phrased in ticular establishment of religion, were Barnette case. constitutional terms.’’ violative of the Constitution? Listen to this list of things that the The Ninth Circuit Court of Appeals Let us turn to the first amendment. government cannot force us to believe was aware of this binding U.S. Supreme With respect to religion, it is very con- in: politics, nationalism, religion, or Court precedent. And what did they say cise. It says, ‘‘Congress shall make no other matters of opinion. They were to deal with that fact? They said, ‘‘Val- law respecting an establishment of re- dealing with the Pledge of Allegiance ley Forge remains good law.’’ They ac- ligion or prohibiting the free exercise even before it had the words ‘‘under knowledge that case has not been over- thereof.’’ So the question is, should God,’’ and they said that the govern- turned. It has not been reversed. It is this clause be interpreted as barring ment cannot force you to say it. The still there. But what they chose to do the government from giving prefer- government cannot force you to believe is to say essentially that the law is ment to a particular religion? That is in a particular religion; the govern- progressing here, we want to take it one interpretation. Or should it be in- ment cannot force you to believe in the next step, because they view the terpreted as requiring the complete particular politics either. law as an organism, something that is and total elimination of any reference So, fast forward to today when we are ever evolving and changing and devel- to God in our public institutions? That watching as a court throws out the oping. Leave aside whether they are is a different interpretation. words ‘‘under God’’ from the Pledge of right or wrong in the application of The Supreme Court considered this Allegiance and ask yourselves why the that principle, if one chooses to call it very question in an earlier case involv- rest of it can remain. If there is some that, in this case. What does it mean if ing the Pledge of Allegiance. They con- element of compulsion, even though the law is the plastic, malleable instru- sidered it in a different way, however. you are not required to recite the ment of judges? It means that none of Remember that the language that we Pledge, just in being forced to witness us as citizens knows in advance how are talking about, ‘‘under God,’’ was others say it, then is it there to pre- the case is going to be decided, how it added a half century ago. A few years cisely the same degree, that kind of is going to turn out. before that language was added, the compulsion, to the rest of the Pledge, Everyone here, in addition perhaps to Supreme Court first considered the even if we were to excise the words having said the Pledge of Allegiance in Pledge without those words, and it de- ‘‘under God,’’ and does not the school when they were schoolchildren, cided that students cannot be required Barnette case say that there can be no probably learned about Hammurabi. to recite it. Students cannot be re- such compulsion? Hammurabi is well known for erecting quired to salute the flag, either. ‘‘The In this Newdow case, that is the in the town square stone tablets bear- action of the local authorities in com- name of the Ninth Circuit decision ing the written law. For the first time, pelling the flag salute and Pledge tran- handed down today, the court said, the law was written down. Why was scends constitutional limits on their ‘‘The Pledge, as currently codified, is that important? Why was written law power.’’ That is what the Supreme an impermissible government endorse- important? It was important because, Court said in West Virginia State ment of religion,’’ and it is so common for the first time, the subjects of Board of Education against Barnette in in court opinions these days to cite au- Hammurabi, the citizens, knew in ad- 1943. Compelling someone to recite or thority. It is the reason we can call the vance the standard to which they to do something against their will that cases decided by courts case law. It is should conform their conduct. And at affects or represents their beliefs is not not supposed to be the mental inven- that moment the law stopped being ar- within the power of our government. tion of the judges; it is supposed to be

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.159 pfrm12 PsN: H26PT1 B005 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 52 Date— HOUSEFiled: 05/05/2010 Entry ID:H4047 5443428 an application of well-known principles would observe that you are sitting sidered indicative the motto and the of law to the facts at hand. under the very model that Justice Ken- Pledge characterizing them as con- So having said, ‘‘The Pledge, as cur- nedy is referring to in this decision, it sistent with the proposition that gov- rently codified, is an impermissible says right over your chair, ‘‘In God We ernment may not communicate an en- government endorsement of religion,’’ Trust.’’ He says it is ‘‘prominently endorsement of religious belief.’’ And he the court cited some authority. What graved in the wall above the Speaker’s cites for that proposition the words of did they cite for authority? They cited dais in the Chamber of the House of two justices in other cases, Justice Justice O’Connor’s words in another Representatives and is reproduced in O’Connor and Justice Brennan. case, and they cited Justice Kennedy’s every coin minted and every dollar Now, Justice O’Connor is the other words in another case. Here is how they printed by the Federal Government.’’ Justice that the Ninth Circuit was re- interpreted Justice Kennedy’s words: He is saying that these things must lying upon to reach today’s result. So Justice Kennedy agreed with us. That have the same effect if the intent of we now have on the record both Justice is what they are saying. Justice Ken- the establishment clause is to protect Kennedy and Justice O’Connor for the nedy agreed with us that ‘‘The Pledge, individuals from mere feelings of exclu- opposite proposition, and that is that as currently codified, is an impermis- sion; and it is his opinion that that is the Pledge and our motto, ‘‘In God We sible government endorsement of reli- not what the establishment clause Trust,’’ do not raise these establish- gion,’’ but Justice Kennedy does not does. That is what Justice Kennedy ment clause questions. That is cer- agree with that. There is plenty of case was saying. So it stands Justice Ken- tainly how I read those opinions, Mr. law making it very clear that the lan- nedy on his head to cite him as author- Speaker. guage that they are quoting from Jus- ity for the proposition in Newdow that Justice Blackmun goes on to say, we tice Kennedy was written for the oppo- the Pledge, as currently codified, is an need not return to the subject, because site purpose. impermissible government endorse- there is an obvious distinction between Here is what Justice Kennedy said in ment of religion. creche displays, creche meaning the his dissent, in his dissent in a case So I find it interesting that in this nativity scene, there is an obvious dis- called Allegheny County v. Greater tradition of judges citing authority for tinction between creche displays and Pittsburgh ACLU. Now that case, by their rulings, that we have cited the references to God in the motto and in the way, involved holiday displays in language of Justice Kennedy as well as the Pledge. So we have Justice Ken- the downtown area in Pittsburgh. On the language of Justice O’Connor. But nedy raising the specter of: boy, if we some public property they were dis- Justice O’Connor, likewise, does not go this way and throw out a nativity playing a menorah and they were dis- support this proposition. scene, pretty soon it is going to be the playing a nativity scene; and the In this case of Allegheny County v. motto and the Pledge, and then Justice ACLU, the American Civil Liberties the Greater Pittsburgh ACLU, the ma- Blackmun saying, nonsense. We have Union, sued, and by a 5 to 4 majority, jority opinion was written by Justice already considered those questions, and the Court said that could not go on be- Blackmun. Justice Blackmun dis- there is no need to consider them here cause a menorah signified a particular cussed, before he got to his result, a further. religion, Judaism, and the nativity case called Marsh against Chambers in Justice Blackmun goes on to say: scene signified a particular set of reli- which legislative prayers were chal- ‘‘However history may affect the con- gions, Christianity. So there were par- lenged. Now, Mr. Speaker, my col- stitutionality of nonsectarian ref- ticular sects being promoted by the leagues may be in memory of what erences to religion by the government, government, not just sort of general happened at the beginning of the day history cannot legitimate practices references to God and, for that reason, today and what happens at the begin- that demonstrate the government’s al- it was unconstitutional. ning of every one of our sessions every legiance to a particular sect or creed.’’ Justice Kennedy dissented from that day. We begin with our Chaplain saying Why is that so important? Let us go case, and he would have allowed it. He a prayer here in the House Chamber, back to the language of the first was among the four members who standing, more to the point, under the amendment. It is very short: ‘‘Congress would have allowed it; and yet he is motto, ‘‘In God We Trust.’’ shall make no law respecting an estab- being cited for authority in this case There was a lawsuit challenging leg- lishment of religion or prohibiting the striking down the words ‘‘under God’’ islative prayers; State legislatures do free exercise thereof.’’ in the Pledge of Allegiance. Why would this as well. It went to the U.S. Su- Well, the free exercise clause obvi- they do that? preme Court and the case that decided ously would tend in the opposite direc- Here is what Justice Kennedy is the question is called Marsh against tion of this case: ‘‘Government shall quoted as having said, quoted by the Chambers. Now, we can guess what the make no law prohibiting the free exer- Ninth Circuit in their decision today as result was in that case, because our cise of religion.’’ So one should be free having said: ‘‘By statute, the Pledge of prayers are still going on. Justice Ken- to practice religion in America. That is Allegiance to the flag describes the nedy, in the case of Allegheny County what the Constitution guarantees. But United States as ‘one Nation under against the Greater Pittsburgh ACLU, this other portion, the establishment God.’ To be sure, no one is obligated to the one that they decided about the na- clause says: ‘‘Congress shall make no recite this phrase, but it borders on tivity scene and the menorah, Justice law respecting an establishment of re- sophistry to suggest that the reason- Kennedy dissented in that case and he ligion.’’ Now, some people like to do a able atheist would not feel less than a cited this Marsh case. And Justice little bait and switch with the specific full member of the political commu- Blackmun did not like his use of the article, the definite article. They sub- nity every time his fellow Americans Marsh case, did not like the reference stitute ‘‘the’’ for ‘‘an,’’ and ‘‘the’’ is recited, as part of their expression of that he made. specific and ‘‘an’’ is general. I do not patriotism and love for country, a So here is what Blackmun said about know if we are all grammarians here phrase he believed to be false.’’ That is Marsh and about Justice Kennedy. He this evening, but it matters. ‘‘A base- what they quote him as saying. And said, Justice Kennedy argues that such ball game’’ is different than ‘‘the base- they say, therefore, he agrees with our practices as our national motto, ‘‘In ball game.’’ decision that ‘‘The Pledge, as currently God We Trust’’ and our Pledge of Alle- ‘‘Congress shall make no law respect- codified, is an impermissible govern- giance with the phrase ‘‘under God’’ ing an establishment of religion or pro- ment endorsement of religion.’’ added in 1954 are in danger of invalidity hibiting the free exercise thereof.’’ But Justice Kennedy went on to say, if we were to say it is unconstitutional What if it said instead: Congress shall in the immediately-following sentence, to have a nativity scene or it is uncon- make no law respecting the establish- which the Ninth Circuit fails to quote, stitutional to have a holiday menorah. ment of religion? Would that matter? ‘‘Likewise, our national motto, ‘In God Justice Blackmun said, that is silly. Mr. Speaker, I think it would matter We Trust,’ which is prominently en- That is not what we mean. That is not a great deal, because if it is religion graved in the wall above the Speaker’s what we are saying. that we are concerned about rather dais in the Chamber of the House of Here is a quote from Justice Black- than an establishment of religion, an Representatives,’’ and Mr. Speaker, I mun: ‘‘Our previous opinions have con- instance, one of many, then I think we

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.161 pfrm12 PsN: H26PT1 B006 Case:H4048 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 53 Date— HOUSEFiled: 05/05/2010 EntryJune ID: 26, 5443428 2002 have given some ammunition to those tion under Vishnu, a nation under the pledge, characterizing them as con- who say the real purpose of this clause Zeus, or a nation under no God, be- sistent with the proposition that gov- in the first amendment is to say, no re- cause none of these professions can be ernment may not communicate an en- ligion can be discussed. But if what the neutral with respect to religion.’’ dorsement of religious belief.’’ Constitution is enjoining us to do is Of course, here is the rabbit in a hat. Now, the Seventh Circuit Court of not to make any law respecting par- It is interchangeable for the Ninth Cir- Appeals decided a case very similar to ticular religions, particular kinds of cuit in this opinion that we might be this one, and the Seventh Circuit is, of religions, then it is something else en- dealing with religion as a general noun, course, a different jurisdiction of equal tirely different. a class of things, the dictionary defini- dignity with the Ninth Circuit Court of Mr. Speaker, I do not know that we tion of religion, which could be almost Appeals. And because there was no can this evening, to everyone’s satis- anything, on the one hand; or a reli- identical case previously decided by faction, resolve this basic question of gion, a specific religion. any precedent in the Ninth Circuit, the whether the establishment clause in And again, that gets us back to the panel in this case was required to at the first amendment should be better fundamental question of what the first least acknowledge it, and they did. interpreted as barring the government amendment means. Does it mean that They said the only other court to from giving preferment to a particular government shall make no law respect- consider this was the Seventh Circuit, religion, on the one hand, or rather as ing an establishment of religion; or, in and even though the Seventh Circuit requiring the complete and total elimi- fact, forget the business about the defi- decided it consistently with the Su- nation of any reference to God in our nite article, but just religion? Maybe preme Court dicta, we are going to go public institutions on the other hand. ‘‘establishment’’ should be read out of the other way. So they acknowledged But I think it is awfully clear that that the first amendment: ‘‘And government they are blazing a new trail out there is what is at stake here, because the shall make no law respecting a reli- in the Ninth Circuit. court, the Ninth Circuit Court is trou- gion.’’ That would certainly be directly Again, whatever one feels about the bled by the fact that there is the most to the point made by the Ninth Circuit decision, this takes us back to the conceivably abstract reference possible today. question of the rule of law and predict- to God, not to even religion or to a spe- It is worth drawing attention to what ability. When precedent does not mat- cific religion, but simply to God. the Ninth Circuit believes here because ter, when we are always trying to move I am put in mind, and this will escape not all the judges were in agreement. that ratchet one more notch, we are al- almost all of my hearers, of a National There was a two-person majority and a ways trying to take the law in new di- Lampoon parity of ‘‘Desiderata’’ called one-person dissent. And in a three- rections and expand it and make sure ‘‘Deteriorata.’’ This was popular in the judge panel, of course, that is all it it is a living organism and reflective of 1970s. And they sort of made fun of the takes, is two judges. what is new and modern, there is not well-known, at the time at least, Judge Fernandez, circuit judge in the any predictability, and it becomes the ‘‘Desiderata,’’ and in ‘‘Deteriorata’’ Ninth Circuit Court of Appeals, said rule of men and not law. they said, ‘‘Therefore, make peace with this: ‘‘We are asked to hold that inclu- Judge Fernandez went on to say, your God, whatever you conceive him sion of the phrase ‘under God’ in this ‘‘such phrases as In God We Trust’’ or to be, Harry Thunderer or Cosmic Muf- Nation’s Pledge of Allegiance violates ‘‘under God’’ have no tendency to es- fin.’’ A little bit of humor that illus- the religion clause of the Constitution tablish a religion in this country or trates the point that one person’s God of the United States. We should do no suppress anyone’s exercise or non-exer- is not another person’s God is not an- such thing. We should, instead, recog- cise of religion, except in the fevered other person’s God. In fact, what God nize that those clauses were not de- eye of persons who most fervently is, in the minds of physicists, it could signed to drive religious expression out would like to drive all tincture of reli- be the entire universe as we know it. of public thought; they were written to gion out of the public life of our polity. For animists, it could be the plants or avoid discrimination. Those expressions have not caused any the animals. ‘‘We can run through the litany of real harm of that sort over the years tests and concepts which have floated since 1791 and are not likely to do so in b 2100 to the surface from time to time. Were the future. As I see it, that is not be- God is as general and as high on the we to do so, the one that appeals most cause they are drained of meaning. ladder of abstraction as one can be, and to me, the one I think to be correct, is Rather, as I have already indicated, it it is very different, this reference to the concept that what the religion is because their tendency to establish God, than a particular religion. clauses of the First Amendment re- religion (or affect its exercise) is exigu- That is important, Mr. Speaker, be- quire is neutrality; that those clauses ous. I recognize that some people may cause I think the court betrays its fun- are, in effect, an early kind of equal not feel good about hearing the phrases damental error in logic when it says, protection provision and assure that recited in their presence, but, then, and I will find the precise language government will neither discriminate others might not feel good if they are here, but it says essentially that for for nor discriminate against a religion omitted. At any rate, the Constitution constitutional purposes there is no dis- or religions . . . when all is said and is a practical and balanced charter for tinction between the words ‘‘under done, the danger that ‘under God’ in the just governance of a free people in God’’ in the Pledge and ‘‘under Jesus’’ our Pledge of Allegiance will tend to a vast territory. Thus, although we do or ‘‘under Vishnu’’ or ‘‘under Zeus.’’ bring about a theocracy or suppress feel good when we contemplate the ef- That is what the opinion says. And I somebody’s beliefs is so minuscule as fects of its inspiring phrasing and ma- think there is a world of difference. to be de minimis. The danger that that jestic promises, it is not primarily a There is a world of difference, because phrase presents to our First Amend- feel-good prescription. one is as respectful as possible of the ment freedoms is picayune at most. ‘‘In West Virginia Board of Education right that is guaranteed in the rest of ‘‘Judges, including Supreme Court v. Barnette, for instance,’’ and remem- the first amendment, the free exercise Justices, have recognized the lack of ber, the Barnett case which I discussed of one’s particular religion. It does not danger in that and similar expressions earlier is the one involving the Pledge give a preferment to any religion, for decades, if not for centuries, as of Allegiance and the flag salute, in which is what the establishment clause have presidents and members of our which the court held that it is not con- at a minimum is meant to guard Congress.’’ stitutional to force people to do these against. At this point, Judge Fernandez cites things, to say these things, to recite Mr. Speaker, here is precisely what four preceding Supreme Court opinions the Pledge. If people do not believe the Ninth Circuit Court of Appeals said and goes into some great detail with that America is a country that stands on this point: his authority. He refers to the case of for liberty and justice for all, then they ‘‘A profession that we are a nation the County of Allegheny, to which I do not have to recite the Pledge. That under God is identical for establish- made reference earlier, in which the is what the court said there. ment clause purposes to a profession majority said, ‘‘Our previous opinions ‘‘In West Virginia Board of Education that we are a nation under Jesus, a na- have considered in dicta the motto and v. Barnett . . . ’’ Judge Fernandez says,

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.163 pfrm12 PsN: H26PT1 B007 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 54 Date— HOUSEFiled: 05/05/2010 Entry ID:H4049 5443428 ‘‘the Supreme Court did not say that Ninth Circuit wishes us to in the and those people should note that the the Pledge could not be recited in the Newdow case today, then we had better Supreme Court dealt with that ques- presence of Jehovah’s Witness children; be prepared to get rid of God Bless tion 60 years ago. That is not an open it merely said they did not have to re- America, we had better be prepared to question. We cannot be forced to say cite it. That fully protected their con- get rid of that motto In God We Trust, the Pledge in this country. stitutional rights by precluding the right over the Speaker pro tempore’s I pulled up the legislative history be- government from trenching upon ‘the head, and we had better be prepared to cause what the court did today is sphere of intellect and spirit.’ As the get it off of our currency, because the throw out an act of this Congress. I court pointed out, their religiously same principle must apply. That is thought it was instructive in reading based refusal ‘to participate in the what Judge Fernandez says. the court’s opinion that they said that ceremony [would] not interfere with or So he says, ‘‘Judges can accept those the reason that Congress did what it deny the rights of others to do so. . . . results,’’ these extensions of the prin- did was very important. Let us take a We should not permit Newdow’s feel- ciple in Newdow, ‘‘if they limit them- look at Congress’ motive, they said. good concept to change that balance.’’ selves to elements and tests, while fail- What was the purpose in enacting the So this is a different judge of the ing to look at good sense and principles statute? That might tell us whether Ninth Circuit giving us a very different that animated those tests in the first what Congress was really trying to do point of view from the minority, and place. But they do so’’, judges would be this on the sly by inserting those words citing, I think rather more correctly, doing so, ‘‘at the price of removing a was to promote religion in violation of the holding in Barnette. vestige of the awe we all must feel at the First Amendment. ‘‘My reading of the stelliscript sug- the immenseness of the universe and They said, and I ought to be sure to gests that upon Newdow’s theory of our our own small place within it, as well quote the opinion directly to make Constitution,’’ and Newdow, remember, as the wonder we must feel at the good sure that I do not mischaracterize it, is the plaintiff in this case, the father fortune of our country. That will cool but they said, in essence, that the leg- whose daughter goes to school and has the febrile nerves of a few at the cost of islative history in their mind was clear to watch as others recite the Pledge of removing the healthy glow conferred evidence of an unconstitutional pur- Allegiance, ‘‘My reading of the upon many citizens when the forbidden pose. Then they quoted a very, very stelliscript suggests that upon verses or phrases are uttered, read, or small part of it. Newdow’s theory of our Constitution, seen. accepted by my colleagues today, we ‘‘In short,’’ he concludes, ‘‘I cannot The problem, they say, is that when will soon find ourselves prohibited accept the eliding of the simple phrase the Congress did this in 1954, and Mr. from using our album of patriotic ‘‘under God’’ from our Pledge of Alle- Speaker, I will have it here in just a songs in many public settings. ‘God giance, when it is obvious that its moment, that the purpose of the Con- bless America’ and ‘America the Beau- tendency to establish religion in this gress was not establishing a religion. tiful’ will be gone for sure, and while country or to interfere with the free use of the first and second stanzas of exercise (or non-exercise) of religion is b 2115 the Star-Spangled Banner will still be de minimis.’’ That is the language that they quote. And he drops a footnote at this point, permissible, we will be precluded from It rather befuddles one to understand because there are going to be constitu- straying into the third. And currency why, therefore, they infer that was the tional scholars who are going to say, beware! Judges can accept those re- purpose. Here is the legislative history wait a moment, are you saying there is sults if they limit themselves to ele- that they quote: ‘‘The sponsors of the such a thing as a constitutional viola- ments and tests, while failing to look 1954 act expressly disclaimed a reli- tion that is so small we will just ignore at the good sense and principles that gious purpose.’’ So in those days, in it? And he is saying, that is not what I animated those tests in the first 1954, when political correctness was not mean at all. ‘‘Lest I be misunderstood, place.’’ at large, they still did not get tripped So judge Fernandez is now giving us I must emphasize that to decide this up by the test that we are applying a view of where we might be headed if case it is not necessary to say, and I do now in 2002. They said: ‘‘This is not an this decision holds and becomes law, not say, that there is such a thing as a act establishing a religion.’’ The act’s the decision from which he dissented. de minimis constitutional violation. affirmation of ‘‘a belief in the sov- He says, ‘‘What about God Bless What I do say is that the de minimis ereignty of God and its recognition of America in a public setting?’’ What tendency of the Pledge to establish a ‘the guidance of God’ are endorsements about it? What if it is the Marine Corps religion or to interfere with its free ex- by the government of religious be- band? What if it is on the steps of the ercise is no constitutional violation at liefs,’’ the court says. But the legisla- Capitol? Is that it? Is it all over for all.’’ ture, this Congress at the time that we God bless America on the Capitol steps, Mr. Speaker, I am sure that almost passed the law, said that there was no or performed anywhere by our people, everyone in the country will end up such purpose. our men and women in uniform? having an opinion about this case, but Perhaps that is the sort of thing de- I think it is very important that every- The establishment clause they say is signed to scare people away from the one in the country, as we enter into not limited to religion as an institu- results in the case at hand, which is this debate, not assume that they know tion. And so they are again retreating not about God Bless America. But re- everything about it. They ought to to this abstract notion of all religion member the decision in Allegheny, in take the time, as we have here this being the problem, not just an estab- which we had Justice Kennedy in his evening, to examine the facts. lishment, even though that is the plain opinion dialogue with Justice We were, of course, defendants in this word of the first amendment. Blackmon in the majority saying, Mr. case. We have a real stake in it. But it Here is what the legislative history Justice, if you go this way, if you say matters, for example, that the plaintiff says, Mr. Speaker. I have taken it from no creche, no menorah, then I think in this case specifically pleaded or spe- our official documents in May 1954. you are going to have to take a look at cifically alleged that she, or was her fa- They say: ‘‘By the addition of the the Pledge of Allegiance and our motto ther pleading that his daughter was not phrase ‘under God’ to the Pledge the in God We Trust, and you had the ma- required to recite the Pledge of Alle- consciousness of the American people jority in that case say, Oh, pshaw, that giance. So this is not a case about will be more alerted to the true mean- is not what we mean. Do not worry someone being required to say the ing of our country and its form of gov- about the Pledge or the motto, and Pledge, which happens to include the ernment.’’ That was their purpose. here we are today, just as Justice Ken- words ‘‘under God.’’ ‘‘The consciousness of the American nedy predicted, worrying about the That is an important fact to bear in people will be more alerted to the true Pledge. mind. It may not affect Members’ opin- meaning of our country and its form of So perhaps we ought not to dismiss ions one way or another in the end, but government.’’ That, Mr. Speaker, is a out of hand what Judge Fernandez is for some people the notion that some- secular purpose. In this full awareness telling us: All right, if we do what the one might be coerced is very material, we will, I believe, be strengthened for

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00119 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.165 pfrm12 PsN: H26PT1 B008 Case:H4050 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 55 Date— HOUSEFiled: 05/05/2010 EntryJune ID: 26, 5443428 2002 the conflict now facing us and more de- a text that means from age to age, sequence presumably produced by ob- termined to preserve our precious her- whatever the society or perhaps the servation of conduct with which one itage. ‘‘Fortify our youth in their alle- Court thinks it ought to mean, that disagrees is not an injury sufficient to giance to the flag by their dedication that question looms very, very large. confer standing under article 3 even to one nation under God.’’ We may not ever know if that is the though the disagreement is phrased in So the purpose is to fortify our youth rule that we follow what the law is and constitutional terms.’’ in their allegiance to the flag. Is that we will have to wait until the oracles That is a holding that the Ninth Cir- not a secular purpose? So it is a legis- tell us. cuit Court says is still good law, and lative history as important as the Here in Congress as we seek to write they just breeze right past that as well. Ninth Circuit says it is, I think it pays laws consistent with the Constitution, Now, Mr. Speaker, we may find after to read it. They went on to say, ‘‘It we simply do not have sufficient guid- an en banc court of the Ninth Circuit should be pointed out that the adop- ance when all we have is the text of the takes this case and rewrites it, that tion of this legislation in no way runs Constitution and all of the Court’s de- these mistakes are corrected. We may contrary to the provisions of the first cisions interpreting it, because those find even a different result in the case; amendment to the Constitution. It is can be changed and are very mutable, but at a minimum I would expect that not an act establishing religion or one and precedence are only so good as the if the same result is reached, it will be interfering with the free exercise of re- paper they are written on. But they reached in a much more legitimate ligion.’’ can be overturned at will. manner than this. So what they did in Congress at the The fact that the Seventh Circuit has But what are we to think in the time was look to what they thought already disagreed with the Ninth Cir- meantime? The Ninth Circuit is a big was the law, the decisions of the Su- cuit and the Seventh Circuit came first circuit. It governs a lot of States. My preme Court interpreting the first and that that precedent was ignored whole State of California, 30 million amendment. ‘‘The Supreme Court has here; the fact, Mr. Speaker, that the people, Nevada, Arizona, Washington, clearly indicated that the references to very remedies that the plaintiff were Oregon, Montana, Alaska, Hawaii. Pub- the Almighty which run through our seeking here are all illegitimate rem- lic school students in all of these laws, our public rituals, and our cere- edies and the Ninth Circuit found that States, what are they to do on the an- monies in no way flout the provisions that was so, none of that seemed to niversary of September 11 next? Do of the first amendment.’’ Then they slow them down. It is worth bringing to they say the Pledge at all? Do they say cite the Supreme Court authority of the Members’ attention that what it the old way? The new way? What are the day. Newdow was asking for here is that the their teachers to do and what are their So what has happened is between court should order the President of the parents to do? then and now, perhaps, the Constitu- United States to alter, modify or re- We do not know because we now find tion has changed. The language of the peal the Pledge. So he is drafting the when judges make new law that none first amendment has not changed. It is complaint. He has brought a lawsuit, of us knows really what the law is. the very same language. The Congress and he wants the court to order the Some of our constituents are already did the best it could at the time. They President to alter, modify or repeal the lighting up the phones saying, Con- relied on the Supreme Court, which Pledge by removing the words ‘‘under gress has got to do something. But the clearly indicated that ‘‘the references God.’’ He asked for one other element truth is in our system when a court to the Almighty which run through our of relief. He wanted the court to order throws out an act of Congress on con- laws, our public rituals, and our cere- the United States Congress imme- stitutional grounds there is nothing to monies in no way flout the provisions diately to act to remove the words be done about it. The Constitution does of the first amendment.’’ They went on ‘‘under God’’ from the Pledge. indeed trump acts of Congress; and the to say in 1954: ‘‘In so construing the Well, now, in our juris prudence in Court, not the Congress is the ultimate first amendment, the Court,’’ referring America you cannot do that. The arbiter of the constitutionality of stat- to the Supreme Court, ‘‘pointed out courts cannot do that. The President is utes. Now, I suppose we could reenact that if this recognition of the Al- not an appropriate defendant in an ac- it in precisely the same way, but that mighty was not so, then an atheist,’’ tion challenging the constitutionality would be something of a tedious, if not the plaintiff in this case, ‘‘could object of a Federal statute. Period. And in fatuous, merry-go-round. I do not to the way in which the Court itself light of the speech and debate clause think that would be serving our con- opens each of its sessions, namely, ‘God just as much part of the Constitution stituents well. save the United States and this honor- as is the first amendment, article 1, I think, rather, we can expect with able Court.’’’ section 6, clause 1: ‘‘The Federal courts the leadership of the President of the Well, today, across the street at the lack jurisdiction to issue orders direct- United States and the Attorney Gen- United States Supreme Court that is ing Congress to enact or amend legisla- eral that there will be a petition for re- how the Court opens its sessions. They tion.’’ hearing en banc in this case, and that still say as they did in 1954, ‘‘God save The words that the plaintiff in this the Ninth Circuit itself will have a the United States and this honorable case is challenging included the Pledge chance to reconsider the enormous im- Court.’’ So these questions are all of a of Allegiance were enacted into law by pact they are having without perhaps piece, the motto, Mr. Speaker, over statute by this Congress; and therefore, giving just that ounce of good judg- your head; indeed, the fact that the no court may direct this Congress to ment that would have made the dif- great law givers of all time ring this deleted those words any more than it ference if they had taken into consider- Chamber, and that the central one who may order the President to take such ation what the Supreme Court has said looks directly at you is Moses, all of action. An injunction against the about this. these things are of a piece; and it is President is not in order, and an in- The only things that the Supreme quite clear the slope that we are on. junction against the Congress is not in Court has said about the Pledge, albeit The legislative history makes it very order. And that is all that the plaintiff in dicta, are exactly the opposite from clear that to the extent that it was was asking for, so there is nothing left the result that was achieved in this possible for human beings to do so in of the case. And yet, even after ac- case. The only thing that the Supreme 1954, the drafters and the Members of knowledging these things, the Ninth Court has said about this question of Congress at the time went out of their Circuit moved on. whether observing something that one way to make sure that they were fol- The Ninth Circuit also just zipped does not like being the source of in- lowing the guidance of the United right past the article 3 standing ques- jury, runs exactly the opposite way States Supreme Court. tion even though that is jurisdictional, from the decision in this case. What has happened over the last sev- even though you must address standing I think if a court normally sets out eral decades intervening makes it clear in order to have a case to decide at all. to avoid constitutional questions and that whatever one’s view about wheth- And they skipped beyond the article 3 decide cases on other simpler grounds, er the law should be a living document holding of the United States Supreme statutory grounds, procedural grounds on the one hand or whether it should be Court that ‘‘the psychological con- and so on, there were ample ways that

VerDate 11-MAY-2000 03:04 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00120 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.167 pfrm12 PsN: H26PT1 B009 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 56 Date— HOUSEFiled: 05/05/2010 Entry ID:H4051 5443428 a court could have handled this very concerned from some of the state- night, either at 10:00 or 10:30 or 12 Newdow litigation. Newdow was a pro ments that I have been hearing today o’clock or possibly tomorrow morning. se plaintiff. That means he represented and some of the reports in the media, If we hear that they are not, then that himself without a lawyer although he as well as some of the things I am hear- is a very good indication that the bill has had some legal training appar- ing tonight, leading up possibly to will not come to the floor for a vote. So ently. He made a lot of mistakes in his Committee on Rules action or inaction, I am waiting here, Mr. Speaker, to see pleadings. They were very sloppy. And that there is a real possibility the Re- what the Committee on Rules is going the court below, even though it was le- publicans will not bring up their pre- to do, hoping that they will allow this nient, the district court, the trial scription drug bill for a vote before we bill to come up and we will have a de- court, threw out his case. recess for July 4, for the Independence bate on probably one of the most im- The Ninth Circuit Court of Appeals Day celebration. portant issues facing this country. came and resuscitated it. They had to I say that because for several months I am still hopeful, although I have put a lot of Band-aids on it because now I have been asking that the Repub- less and less reason I suppose to be procedurally it was in bad shape. It licans bring up this bill because I think hopeful, given some of the comments took a nearly superhuman effort to put that the issue of prescription drugs for that have been in the media today. this case up on stilts so that we could seniors and the issue of increasing high Let me explain why the Republicans get the constitutional question for de- drug prices is one of the major issues may not bring the bill up. The reason cision. It was to all appearances, Mr. that the Congress needs to address. they may not be able to bring the bill Speaker, something of a reach, and I When I go home to New Jersey, to up is because they do not have the think our country deserves better. But my district in New Jersey, many sen- votes. The talk this afternoon around we shall see. We shall see how this is iors and even people in general, not the House of Representatives was that accepted by the public, what the court just seniors, complain to me con- they were shy 20 or 30 votes on the Re- itself may do about it. stantly about drug prices, about their publican side; and, of course, they are But at a time when so many people inability to buy prescription drugs and getting practically none, if any, Demo- are working so hard to pay their taxes, the consequences that fall to their cratic votes. at a time when the courts are as busy health because of their inability to buy Some of the reasons that were articu- as they are, and most middle Ameri- the prescription drugs, the medicines lated today in Congress Daily, in the cans know if they were to bring a law- that they need. lead story, says, House GOP still shy of suit it might be 3 to 5 years before they So I was rather happy a couple of majority to pass prescription bill, and could get a decision because of the months ago when the Republican lead- it mentions about three or four reasons backlog and the expense, is it not in- ership announced that they would why different Members were having teresting that the people in San Fran- bring a prescription drug bill to the problems with the Republican bill, cisco seem to have sufficient time on floor before the Memorial Day recess, which I think go far to explain why the their hands so to finely perch this and I was disappointed when we went bill is a bad bill. question of angels on the head of a pin, home for Memorial Day and that had So I would like to mention some of so that they can reach a constitutional not happened. these reasons. It says lawmakers, this question that was not procedurally put I was once again hopeful when after is the Republicans now, variously want to them in a way that required its deci- the Memorial Day recess in early June more money for home State hospitals sion? we heard the Republican leadership and rural health care, more attention I think laying out a case in this way, once again say they were going to to drug costs rather than coverage and Mr. Speaker, will it better inform the bring a prescription drug bill to the guarantees to protect local phar- debate? And that while I recognize floor before the July 4 recess. macies. The GOP leadership aides con- with 435 Members in the House we Last week, we actually did have the ceded that these groups of Republicans, might have some diversity of opinion Republican bill unveiled; and we had a in the face of the very few Democrats about the case, even here it is bound to 3-day and all-night marathon in the expected to cross party lines on a vote occupy the minds of our constituents Committee on Energy and Commerce, for the GOP bill, have left the measure for some time to come. where I serve, where the bill was dis- short of the 218 votes needed to pass it. I appreciate the indulgence of the cussed and the Democratic alternative Let us talk about some of these Chamber in considering it at first blush was discussed. Although I think that issues that some of my Republican col- because the opinion was just issued the Democratic bill is the only really leagues, rightfully so, believe are today, this evening. meaningful bill, and I will discuss that wrong or do not justify their voting for in a minute, I was at least happy to see the Republican bill. Maybe before I do f that we did have the opportunity in that I should say that I am very happy b 2130 committee to discuss medicines or pre- to see that there might be 20 or 30 col- scription drugs for seniors. leagues on the other side of the aisle, PRESCRIPTION DRUG BENEFIT So I would be extremely disappointed on the Republican side, who would be The SPEAKER pro tempore (Mr. and very critical of the Republican willing to say to their leadership that KERNS). Under the Speaker’s an- leadership once again if we find out to- they do not want to vote for this bill, nounced policy of January 3, 2001, the night or tomorrow that they still do because I have said many times, and gentleman from New Jersey (Mr. not intend to bring this bill up. I am again, I will give some third party doc- PALLONE) is recognized for 60 minutes. not surprised because I have said many umentation, that this bill is nothing Mr. PALLONE. Mr. Speaker, let me times that the Republican bill is basi- more than a boon to the pharma- say to the gentleman from California cally a sham. It does not provide any ceutical drug industry. In other words, that I listened very carefully to what benefit for seniors. It has no real hope the reason why the Republicans have he said in analyzing that Federal court of providing any kind of prescription put forth a bad bill and one that will opinion that came down today; and I do drug benefit for seniors. It does not not work is because they are beholden agree with him that the opinion does even try to reduce price, the price of to the brand-name drug industry. not make any rational sense and that drugs, but at least if we had the oppor- If my colleagues doubt what I say, let the use of the term ‘‘in God we trust’’ tunity to have this bill on the floor to- me mention that last week when we does not in any way violate the Con- morrow or Friday we could then offer had a markup in the Committee on En- stitution. our Democratic substitute and see ergy and Commerce of the Republican I wanted to take to the floor this which side gets the most votes. bill, last Wednesday, a week ago today, evening, however, as I have so many I am actually here tonight, Mr. they actually had to adjourn, the times in the last couple of months, and Speaker, because I understand that chairman adjourned the markup, the talk about the need to pass a prescrip- within the next half hour or so we will committee markup at 5 o’clock, be- tion drug benefit and also to give a lit- be hearing from the Committee on cause the Republicans had to go to a tle status report, if I can, about where Rules as to whether or not they will be fund-raiser that was primarily being I think we are on this, because I am considering the Republican bill to- underwritten by the prescription drug

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00121 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.169 pfrm12 PsN: H26PT1 B010 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 57 Date— HOUSEFiled: 05/05/2010 Entry ID:H4055 5443428 use all kinds of gimmicks to try to dispense the drugs. They may use a to buy any kind of insurance policy delay the generic coming to market. large chain or may decide to do it that was affordable, that would pay for That is what the gentlewoman is try- through mail order and not through their hospitalization or their doctor ing to eliminate. I know that the gen- the local pharmacy. There is a real bills. That is why Medicare started, be- tleman from Ohio (Mr. BROWN) has a problem with those in rural areas, our cause the private sector did not provide bill, and some of that language is in- colleagues who are concerned about that opportunity. cluded in our Democratic substitute whether any benefit would be available This has been a very good govern- that would close those loopholes. at all because an insurance company ment program. It is a government pro- Again, this is a pricing issue. Because would not sell in those areas. Or, sec- gram, so maybe some of our colleagues if we bring generics to market, we re- ondly, if there is one, it will operate on the other side of the aisle have a duce the cost of prescription drugs. like an HMO and will exclude any kind problem with Medicare ideologically. I Mr. LARSON of Connecticut. Mr. of dispensing of medicine from the am sure some of them do. But you have Speaker, the gentlewoman from Mis- local pharmacy. to throw that aside and look at what is souri (Mrs. EMERSON) is absolutely Of course, we in our bill do the oppo- practical and what works for the Amer- right. I think what is also compelling site. We say this is a Medicare-guaran- ican people. The Democrats are simply about the Democratic initiative is the teed benefit, and you can go to any saying Medicare works; and the best ability, and I think people understand pharmacy or any outlet to buy the way to provide this prescription drug this readily, to be able to leverage the medicine. benefit, really the only way in the sys- great buying power that the Federal Mr. Speaker, I yield to the gentleman tem that we have, is for the govern- Government would have in terms of from Connecticut (Mr. LARSON). ment to expand Medicare to include initiating a program under Medicare. Mr. LARSON of Connecticut. Mr. prescription drugs, which is what we Currently, whether you are a large Speaker, again, I thank the gentleman are advocating. corporation, whether you are the Fed- for pointing out the many Republicans Again, I do not know whether it is eral Government itself, or whether you on the other side who understand this. the ideology or, maybe going back to are a large labor union, you have the what I said at the beginning, it is just b 2215 opportunity to go directly to pharma- the money from the prescription drug ceutical companies and leverage deep This is an age-old battle between industry that prevents the Republican discounts in order to make prescription Democrats and Republicans and why I leadership from going ahead with a drugs more affordable. Medicare is a feel it is so important that we vote side Medicare program and addressing the Federal program. Medicare would pro- by side on the differences between the issue of price because that makes vide us with an opportunity to have proposals and commend those Repub- sense. I have to believe it is the money large numbers that will allow us to le- licans who have come forward with from the drug companies that is really verage and bring down the cost, just their own concepts and are focused on behind the effort to stop a Medicare like every other western industrialized pricing, because they are among the program. few and the brave and the valiant who country in the world is able to do. This f makes common sense. are willing to go against their own con- I commend our colleagues on the ventional wisdom and ideology. CORPORATE GREED, THE PLEDGE other side of the aisle who understand Roosevelt said it best during the OF ALLEGIANCE, AND COLORADO at the heart of this issue is price and struggles to bring Social Security to FIRES getting the cost down here and being the forefront. He was amazed at the The SPEAKER pro tempore. Under able to have a program that is afford- time that Republicans seemed to be, as the Speaker’s announced policy of Jan- able, that is accessible, and will be he said, frozen in the ice of their own uary 3, 2001, the gentleman from Colo- ready available and, most importantly, indifference to what the policies they rado (Mr. MCINNIS) is recognized for 60 workable for our seniors. Again, that is would perpetrate would do to the minutes. why I commend the gentleman from American public. Frozen in the ice of Mr. MCINNIS. Mr. Speaker, I have a New Jersey (Mr. PALLONE) for his ef- their indifference to what their pro- number of subjects of which I wish to forts. posals would do to a Nation that is cry- cover this evening. Of course, having Mr. PALLONE. Mr. Speaker, I am ing out for relief. That is why their the opportunity to come over and wait going to just mention one more Repub- Members who are standing up and for my time allotment to speak to the lican because I cannot praise them too maybe not in total unison with us but Members here, you get to listen to the much here. It is interesting to see that standing up for what they know is people that preceded you speaking. The some are standing up to their leader- right for senior citizens deserve a great gentleman from New Jersey (Mr. ship. This one is the gentleman from deal of credit. PALLONE) is a very capable individual Pennsylvania (Mr. PETERSON) who said It is my sincere hope that the Rules and speaks very well. There is only one he absolutely would vote against the Committee will provide an opportunity point I want to make clear about his measure unless more money is included for all of us to have an opportunity to conversations. for rural hospitals. He said once phar- vote on the measures that we believe At the beginning of his remarks, he macy is a part of Medicare, there will will best provide relief for those we are expressed some dismay that the Repub- be no extra cash any more. sworn to serve in this country. lican leadership may not be able to What he is referencing is the problem Mr. PALLONE. I want to thank the bring up the prescription care bill, the for rural areas because, as the gen- gentleman for joining me tonight. We Medicare bill, this week. He was very tleman knows, just like with the HMOs probably can find out as soon as we discouraged by that. He talked about that do not offer, do not have benefits, yield back our time what is the situa- and gave some examples of people that we do not have HMOs in a lot of rural tion with the Rules Committee. But, needed prescription assistance and sen- areas, the same problem will exist here again, I agree with you. We just want ior citizens and their trials and tribu- because you do not have a guaranteed this to be brought up, we want to have lations that they go through, of which Medicare benefit. It is unlikely in a lot a debate, we want to have an oppor- of course we would all agree with. of rural areas there would be any kind tunity for the Democratic position to What he did not point out was the of private drug policy offered, which is be considered side by side with the Re- fact that none of the Democrats want what the Republicans are saying. The publican. to help us. So there is a reason that concern is that rural areas will be left And it is not, at least I do not think that bill cannot come to the floor, and out, and there will be no insurance for most of us it is really an issue that that is because we do not have bipar- policies for them to buy. is partisan or even ideological. I just tisan cooperation. The Republicans The other thing is with regard to the think the problem is we know that have asked the Democrats on a regular pharmacies, particularly in rural areas. Medicare works. We have seen it work. basis, pitch in and help us. Prescription What would happen with a private in- We know that before the 1960s when care is a serious problem in this coun- surance plan, just like with HMOs, Medicare came into being that it was try. We have got to come up with some they will decide what vehicle to use to virtually impossible for senior citizens type of solution. We prefer to come up

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00125 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.176 pfrm12 PsN: H26PT1 B011 Case:H4056 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 58 Date— HOUSEFiled: 05/05/2010 EntryJune ID: 26, 5443428 2002 with a bipartisan solution. Prescrip- percent, of Colorado is not on fire. 99.9 filed bankruptcy on behalf of the cor- tion care problems out there in our so- percent of the State of Colorado is open poration. Think about that. There are ciety do not happen to just Repub- for tourism; and if you want the great- people that will get in more trouble licans. The ability or lack of ability to est deal of the summer, you go to Colo- stealing a candy bar or a magazine or pay for prescription services does not rado, because there are a lot of deals a tool from one of these retailers than just happen to Democrats. It happens out there. There are a lot of opportuni- will the CEOs. to all people in our country. That is ties. Let us take, for example, WorldCom. why it is necessary for bipartisan sup- Colorado is a very gorgeous State. Of If you steal long distance services from port. course, I am very proud of it. My fam- WorldCom, let us say you steal $100 But, unfortunately, this is an elec- ily on my side and on my wife’s side, worth of long distance services from tion year; and with November not very we have multiple generations in Colo- WorldCom Corporation. You are going far away and with the Democrats vow- rado. I could talk about Colorado all to get in more trouble than the chief ing that they will make prescription evening, but I do want to put it in some executive, Bernie Evers, got in trouble; care services their main issue to try proportion, and we will be looking at and he got a $350 million loan from the and defeat the Republicans, they find this map to my left. I will give you a board of directors, $350 million of within their own conferences no incen- little idea of exactly what we are talk- which he will never be able to pay tive to cooperate. This thing is being ing about. back. driven by politics, and that is exactly But we are not going to move to that It is unbelievable, and the American why we get criticism of the Repub- map yet because I want to also talk economic society is suffering as a re- licans not bringing it up. this evening about corporate greed, sult. We have got to bring the hammer The reason is Republicans do not this WorldCom stuff, KMart, Global down on these executives, and we have have the numbers. They need some Crossing, Xerox Corporation, Tyco Cor- got to bring it down hard and heavy. help from the Democrats. But there is poration, and now maybe even our fa- We have got to make it so that every no way in an election year that the vorite, Martha Stewart. What is going prosecutor in this country, every U.S. Democrats are going to help us with on out there in the corporate world? attorney in this country when they prescription care services. One, they do What is going on with the integrity of think of these chief executives, they not want the issue resolved before No- these people? What are they doing to think of that four letter word, J-A-I-L, vember. They do not want the Repub- our society? What are they doing to jail. licans to get the credit for having that credibility gap which is a founda- Let me start back and let me talk solved the big problem in this country, tion of the economic cycle of this coun- about in a little more detail some of so they will do whatever they can to try, of the economic principles of this these subjects. First of all, let me talk resist any kind of cooperation. And country? about the flag. I, like many millions while on one hand they will not cooper- It depends on integrity from people and millions and millions of Americans ate, they turn around on the other who manage these companies and peo- today, was stunned, stunned, that a hand and blame us for not bringing ple who oversee the management of the Federal appeals court, that two judges that bill to the floor. company, i.e., the board of directors. could bring this country to its knees So I would suggest to my good We are uncovering stone after stone by saying that this country’s Pledge of friends over on the Democratic side, after stone in corporate America, and Allegiance, a pledge that every child in come on, let us be a little less partisan what are we finding? We are finding this country has said, that every school about this. Help us. Work with us. That corporate self-serving greed, not greed in this country and every school this is what we are asking for. in a healthy capitalistic fashion but country has ever had has been said But that is not the intent of my greed in a way that it is criminal. within its four walls is unconstitu- speaking to you this evening. I really I intend to spend some time on that tional because it has the words ‘‘under want to cover three separate subjects. I this evening, too. I intend to talk very God’’ contained within its four corners. want to talk, of course, about the out- specifically about what I think some of You think about this decision. What rageous decision made today by the the solutions are. When I think of what is next? That ought to be the logical Ninth Circuit in California about the is going on out there, it makes me question. We have these liberal judges. fact that America now must hang its think of a four-letter word. That is By the way, you take the most liberal head in disgrace because our Pledge of what I think of when I think of cor- Member of this House Chamber, and Allegiance has been declared unconsti- porate greed. I want to use a four-let- these judges make those liberal Mem- tutional, unconstitutional by a Federal ter word, J-A-I-L, jail. That is exactly bers of this House Chamber look like appeals court. what I am thinking about. That is ex- they are right-wing conservatives. That is no low-level court. That is a actly where some of these corporate ex- The Ninth Circuit is an island of its very high court in our country. It has ecutives ought to be, and it is exactly own as known in the legal circles. I had the audacity to come out and take where those corporate boards of direc- practiced law. I was an attorney. The the most recognized symbol in the tors ought to be. That four letter word, Ninth Circuit has always been known world and the Pledge of Allegiance to J-A-I-L. as kind of an island of its own, but, that symbol and to that country, in a I am not trying to jump into these nonetheless, it is still a Federal ap- time of war, in a time when every remarks too early, but let me tell you peals court. So you have to ask your- other country in the world encourages something. If you were an employee self, okay, somebody that wants to stir its children in its schools, in its insti- with Kmart Corporation or you were an up trouble, what is the next logical tutions, in its areas of public domain, employee with Enron Corporation or thing for this court in California to de- encourages their civilizations to en- Tyco Corporation, or let us go back to clare unconstitutional? gage in religious practice, that this Kmart. Let us say you are just a sales court finds it necessary for the United clerk at Kmart, at one of their stores b 2230 States to see that its Pledge of Alle- and you stole a candy bar. You stole a Could it be the crosses at Arlington giance is unconstitutional because it candy bar from Kmart, from your em- National Cemetery or the crosses at mentions the name God. We will talk a ployer, you stuck it in your pocket, a every military cemetery in this coun- little about that. candy bar, and walked out of the store try? Is it unconstitutional because the I want to talk about the fires in Colo- with it. Up to this point in time, you cross is seen as a symbol of Christi- rado. In fact, I have got a poster. I would suffer more repercussions for anity and we find it on Federal prop- want to talk a little about the fire stealing a candy bar as an employee of erty; we find it on every grave of every damage in Colorado, the fires and what Kmart Corporation than will those ex- military person and their spouses and, is going on. During those discussions, I ecutives of Kmart Corporation who in some cases, their children, who have am going to point out, so that you have loaned themselves millions and mil- served this Nation? And now these some proportion of the damage in Colo- lions and millions of dollars and then judges, do we think that is logical? Of rado, Colorado is not burning as a took a corporate board action and for- course it is logical. And of course it is State. The great majority, 99 and some gave the loans to themselves and then something that now, something that

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00126 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.179 pfrm12 PsN: H26PT1 B012 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 59 Date— HOUSEFiled: 05/05/2010 Entry ID:H4057 5443428 we never imagined any judge would go Now, I know, I know the arguments. those judges have their jobs as a result so far out of bounds of their judicial Look, I used to be a cop, I heard the de- of these soldiers, as a result of the citi- duties that they would, first of all, defense attorneys, and I know tomorrow zens of this country. clare our Pledge of Allegiance as un- the American Civil Liberties Union and The judiciary has the respect that it constitutional. Then the next step, some of these other people will stand does because we do indoctrinate our logically, would be for them to go to up and talk about the bravery of these kids at a young age, like every other our national cemeteries and start judges, to stand up against popular country in the history of the world yanking crosses out of our service- opinion, as if popular opinion is always does. We educate them about what a men’s graves. What is next? wrong; to stand up against popular great country it is. We do try and get How interesting. I bet these judges, I opinion and say, the Pledge of Alle- an allegiance to this country built up bet these judges this week; let us see. giance was unconstitutional, and some- early. Is that too much to ask? Is it too July 1, coming next week. I bet on July how they want a feather in their cap much for these judges to swallow that 1, those judges that made that decision and a badge on their vest. a country says to the citizens of this today that the word ‘‘God’’ in the Mr. Speaker, there comes a time country, look, we have an allegiance to Pledge of Allegiance is unconstitu- when we ought to consider the cir- this country? We have an allegiance to tional, I bet those judges on July 1 put cumstances in our Nation. There comes our flag. We have to be willing to fight their greedy little hands out and take a time when we have to say, why do we for the freedom and the principles and their paycheck and take that American need to take this issue on? As if there the Declaration of Independence. We money that says ‘‘In God We Trust’’ on is nothing more important in this need these things. Is the next thing it. I bet they take that money, and I world going on; as if this is the psycho- they are going to throw out is the Dec- bet they stuff it in their pockets. logical blow that the American people laration of Independence because it has Now, I would say to these judges, if need right now, and that is to tell them ‘‘God’’ in it, and that those rights and you are true to principle, you should that when their children go to school, those thoughts and those philosophies refuse this cash. You should not take it is taboo for their children to say the and that idealogy expressed in the Dec- American money. It has ‘‘In God We Pledge of Allegiance; to the finest laration of Independence should no longer be taught in the classroom be- Trust’’ on it. It is unconstitutional. country in the history of the world, the cause it has ‘‘God’’ in it? Give me a You should uphold the judiciary of this strongest country on the face of the Earth. I do not mean just strong mili- break. What is going on here? fine land. You, after all, are the ones Mr. Speaker, we cannot allow this to tarily. I mean strong as far as what it who made the earth-shattering deci- stand. Those judges, those judges does for other countries; strong as far sion that the Pledge of Allegiance in should be isolated; and I will tell my as what it does for the poor people in the United States was unconstitu- colleagues what else. The other body, this world; strong as far as what it does tional. So it should not be you who the leader of the other body who stood for its contributions of inventions, of steps forward for the benefits of Amer- up today and agreed with me, and ac- mechanical inventions, of medical in- ican cash, because after all, that has knowledged that this decision was just ventions, of medicine, of prescriptive ‘‘In God We Trust’’ and that would be pure nuts, ought to let the President offensive to the decision that you services. I mean think about this. judge and get some of these judicial Mr. Speaker, do we know what these made. balanced appointments in, get some judges are? They are elitists. They are But, of course, they will not hear of people in that are balanced. I mean, in an ivory tower out there in Cali- that; and of course, they will take this decision is so extreme, so radical, fornia, and they take for granted the their money on July 1 as they snicker that tomorrow when all of America fact of the hundreds of thousands of about the decision that they handed wakes up, and wait until our Ameri- American soldiers who have died down to the American people today. cans overseas take a look at this. What throughout the history of our country I studied law. I am a lawyer. Grant- do we think it is going to do to them? ed, since I have been in Congress, I to keep this country free. I would like We talk about discouraging. I mean, we have not practiced law. Granted, I am my colleagues to show me one soldier talk about depressing, that is, that not a constitutional lawyer, although I tomorrow that is going to say to us your own court would take one of the studied the Constitution. I would not that their children, that children things that we grew up with and say it be considered as a judicial scholar, by should not say the Pledge of Alle- is unconstitutional because they use any means. But what kind of scholar giance, that our Pledge of Allegiance is the word ‘‘God’’ in it. does one have to be to say to the judi- unconstitutional. I am ashamed. As a lawyer, as an of- cial system in this country, back off? Now, I do take some reluctance in ficer of the court, as a United States How far, how hard do you want to push criticizing the judges’ opinion. I think Congressman, and more importantly this Nation? In a time of war, in a time the judiciary has to have some flexi- than any of that, as a father, as a cit- when this Nation needs to be unified, bility. But by God, and I said that word izen, I am ashamed, I am ashamed at what do we think are going to be the just a minute ago, because I mean it. I what that court in California did ramifications to the generation behind hope He is not paying much attention; today, a Federal court, Federal judges us, to the rest of the world that is look- or He or She or whoever that God is, I who found that the Pledge of Alle- ing at this country and sees that its hope they are not paying much atten- giance of the greatest country in the own judges, its own judges declare our tion as to what these judges in our history of the world is unconstitu- Pledge of Allegiance unconstitutional? country did today. I hope the patriot- tional. Not only do they declare it unconstitu- ism that all of these hundreds of thou- Do not kid ourselves. Remember tional, they issue a dictate that says sands of soldiers that are now dead and years and years ago when the court that this Pledge of Allegiance may not the patriotic cause for which they gave first came out and said we cannot have be said, may not be said within the their lives, or maybe not their lives, a Christmas declaration on Federal walls of our schools. but gave their career; or maybe not land, we cannot have a cross up there I mean, I hope that people under- their career, but gave some time in at Christmastime; remember when stand; and I think the millions, the their lives to go to bat for this coun- they came out and said, you cannot mass of millions of people in the try, I wonder what they are thinking have prayer in school; when they came United States of America understand today about why these judges did not out and started ignoring the basic prin- the slap that was just struck across go to bat for our country, why these ciples, started penetrating family. And their face. The refusal, the rejection of judges have to stretch the law so far, people said, oh, it is just some crazy the American principle of God and lib- so extreme. This is such a liberal inter- decision; it is not going to go any- erty, regardless of what one’s God is, pretation of this that they would have where. This decision, it is so crazy. But that God and liberty and freedom and the audacity or maybe the ignorance or do we know what happens? These judi- strength were rejected today by some maybe the stupidity to come to a Na- cial judges, they kind of grow on them- of the people in whom we put our high- tion as great as this Nation, as a part selves. Some of these judges have egos est confidence. These judges ought to of this Nation, which has given them and they are elitists like we cannot be- resign in shame. everything they have, by the way; lieve.

VerDate 11-MAY-2000 03:41 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00127 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JN7.181 pfrm12 PsN: H26PT1 B013 Case:H4058 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 60 Date— HOUSEFiled: 05/05/2010 EntryJune ID: 26, 5443428 2002 In an ivory tower they begin to think preme being that all of us may or may contained, meaning that we are 70 per- more and more and bigger and bigger of not believe in or the type of supreme cent around it. We are going to whip themselves, and the next thing we being that one believes in, but a guid- that fire. That fire got the best of us know they give another judgment. So ing light driven by a sense of patriot- for a few days. But all the publicity do not be surprised. There will be be- ism, a guiding light driven by a flag, by Members heard, that is where that fire fore too long, I am confident of it, a symbol, a guiding light driven by a is. That fire does not have any national some radical liberal will file in the President with integrity, a guiding park in it. It has part of a national for- courts that the crucifix, the cross used light driven by a Pledge of Allegiance. est. We have closed part of that na- in our national cemeteries is unconsti- What is wrong with singing a National tional forest down. tutional because it is a symbol of Anthem? Mr. Speaker, that is probably We have numerous national forests Christianity or a symbol used related next, for some reason. These are all that are still open for the public that to God. Do not be surprised. Although tools, tools of protection of democracy; are not affected by this fire. We have they will use the money, spend the tools that make people come together four national parks that are not af- money for their own needs, but they as a team; tools that are used to excite fected by this fire that are open for the come out and say every American coin, us about our Nation, that are used to public. We have thousands and thou- every American dollar that says ‘‘In encourage us to rededicate time and sands of tours and attractions, tourist God We Trust’’ ought to be declared time and time again our belief in this attractions, that are not affected by unconstitutional, that our money is fine country. And yet tonight, a couple this fire that are open. unconstitutional. of judges at a Federal court trash it. I If Members wanted to camp in this Mr. Speaker, back during the Cold am stunned, disappointed, and even black spot, of which I would guess, of War, I think it was Nikita Kruschev disappointed beyond the point of being the people who visit in Colorado, prob- that said with America, all we have to angry, but I am ashamed of what these ably less than one ten-thousandth of a do is be patient and give them enough judges have done. percent of the visitors we have every rope, and they will hang themselves. Let me move on to an entirely dif- year in our State, less than one ten- Give them enough rope, and they will ferent subject, the subject of fire and thousandth of a percent of the total hang themselves. We do not have to go the fires in the State of Colorado. First visitors that come to our State every year would camp or be in these par- to battle with America. Just give me of all, I will tell my colleagues that my ticular areas to visit. Members’ visit or elitists. Give the elitists enough rope, district consists primarily of all of the vacation to Colorado would not in all and they will hang themselves. Give mountains of Colorado. There are a few likelihood be in any of these black these elitists that declare our Pledge of mountains that are out of it, but most Allegiance as unconstitutional, just areas of Colorado. of the mountains in Colorado are in Durango is down here in this black give them enough authority and that district and will remain in that area. It probably is not a very accurate enough jurisprudence, and pretty soon district after redistricting. Our district depiction. I am looking for a date. This they will divide their own country. in Colorado, it is the third district, the Many countries throughout the world is 3 days old. This map is 3 days old, so highest district in elevation, highest Durango would be down in this area are amused by this. These countries place in the country when you take the that hate us: Iraq, Iran, North Korea, about right over here where this little elevation. I am pointing out a few of black mark is right here. That is the think of these countries. They are these things because we are having overjoyed. They look and they see Durango fire. That black mark has pretty serious problems with a drought grown. But Durango, the City of Du- within the family, one of the most re- out in Colorado. rango, has not burned down. spected symbols of the family, of the b 2245 In fact, if Members want to go visit a American family, the family is split. community, right after the New York We do have serious fires. We have had They are probably as surprised as we City disaster what a lot of us in this a horrible fire in Durango, Colorado. are; but they are smirking, they are country said would help New York was Yesterday we got a second fire in Du- elated, they cannot believe their good to go visit New York. What would help rango, Colorado, just across the road; luck that the American family is being Durango, Colorado, what would help and it was from another origin, an- split, not by outside members, but by Colorado, is to go visit Colorado, go other cause. It was caused by an en- members within the family itself, these have a vacation over there. elitist judges. Those judges should be tirely different source. We have a ter- There are lots of things that can be ashamed of themselves. rible fire raging in Arizona. We had a done, and we can help the State and Mr. Speaker, I did not think when I terrible fire near Denver, still in the help Durango. Durango needs our help. went to law school, I never thought Third Congressional District, called Why? Not because the city has burned. throughout my time as practicing law, the Hayman fires. It has not burned at all. It needs our which I practiced for 10 years, I never But these fires, the national press, help because the perception out there thought when I represented the fine all the pictures that we see in the na- is that we ought to cancel our vaca- State of Colorado in the State House of tional press would lead us to believe tions to Colorado. Representatives, nor did I imagine that that Colorado has been hit by a bomb; In fact, one of our State newspapers being on the House floor of the United that Colorado, somehow all the moun- ran an article to say, hey, come back States Congress, a privilege and an tains are on fire, and that Colorado is next year. That on its face is an absurd honor for me, that I would be standing a dangerous place to visit. I will tell statement. As I said, 99 and some per- in front of my colleagues talking about the Members that on its face is inac- cent of this State is unaffected by these judges in the way that I am, curate. those black marks, and the majority of about the disgrace they have brought I have to my left, and I would like to those black marks up near Glenwood about to our country. I hope that the go through this map, what this map Springs, for example, in Glenwood generations and generations of their does is shows Colorado fire damage. Springs, I do not think, and I am from families from now, assuming that this The black spots on this map will show there, I was born and raised there so I country survives over a long period of Members where there has been fire know the fire pattern very well, I do time, I hope that their families will damage. not think one campground in Glenwood look back someday upon the words of Members have heard about the size of springs was closed as a result of this my record this evening and understand these fires. They are huge. We have fire, or is closed as a result of this fire. my anger and my disgrace directed to- heard about them. But when we put it I might be off by one. But there is so wards them for the decision they made in proportion to the entire State of much area around Glenwood Springs. today. Colorado, these are not the size areas This is the flattop region. Look at all Mr. Speaker, this is not emotionally we imagine by seeing all the pictures this area. There are hundreds and hun- driven. This is driven by my intense in the national press. dreds of thousands of square miles, or, love and my intense belief that this Here is that massive, massive fire excuse me, hundreds and hundreds, country has to have a guiding light, called the Hayman fire near Denver, millions of acres and hundreds of thou- and that guiding light is not only a su- Colorado. That fire is about 70 percent sands of square miles, I guess would be

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Mr. LINDER: Committee on Rules. House JACKSON-LEE of Texas, Mr. JEFFER- respect to the security of sealed sources of Resolution 465. Resolution providing for con- SON, Mr. JOHN, Ms. EDDIE BERNICE radioactive materials, and for other pur- sideration of the bill (H.R. 4954) to amend JOHNSON of Texas, Mr. KANJORSKI, poses; to the Committee on Energy and Com- title XVIII of the Social Security Act to pro- Ms. KAPTUR, Mr. KENNEDY of Rhode merce. vide for a voluntary program for prescription Island, Mr. KILDEE, Ms. KILPATRICK, By Mr. OBERSTAR (for himself, Mr. drug coverage under the Medicare Program, Mr. KLECZKA, Mr. LAFALCE, Mr. CLEMENT, Ms. BROWN of Florida, Mr. to modernize and reform payments and the LAMPSON, Mr. LANGEVIN, Mr. LANTOS, BALDACCI, Mr. CUMMINGS, Ms. NOR- regulatory structure of the Medicare Pro- Mr. LARSON of Connecticut, Ms. LEE, TON, Mr. PASCRELL, Mr. SANDLIN, Mr. gram, and for other purposes (Rept. 107–553). Mr. LEVIN, Mr. LEWIS of Georgia, MASCARA, Mr. BAIRD, Mr. Referred to the House Calendar. Mrs. LOWEY, Mr. LYNCH, Mrs. BLUMENAUER, Mr. FILNER, Mr. NAD- f MALONEY of New York, Mr. MARKEY, LER, Mr. HOLDEN, Mr. DEFAZIO, Mr. Mr. MASCARA, Mr. MATSUI, Mrs. LAMPSON, Mr. BORSKI, Mr. HONDA, TIME LIMITATION OF REFERRED MCCARTHY of New York, Ms. MCCAR- Mr. COSTELLO, Mr. GREEN of Texas, BILL THY of Missouri, Ms. MCCOLLUM, Mr. Mr. HOLT, and Mr. ISRAEL): MCDERMOTT, Mr. MCGOVERN, Ms. H.R. 5024. A bill to direct the Secretary of Pursuant to clause 2 of rule XII the MCKINNEY, Mr. MCNULTY, Mr. MEE- Transportation to make a loan guarantee following action was taken by the HAN, Mrs. MEEK of Florida, Mr. available to Amtrak; to the Committee on Speaker: MEEKS of New York, Mr. GEORGE MIL- Transportation and Infrastructure. H.R. 4984. Referral to the Committee on LER of California, Mr. MURTHA, Mr. By Mr. PALLONE: Ways and Means extended for a period ending NADLER, Mr. NEAL of Massachusetts, H.R. 5025. A bill to enhance the criminal not later than June 28, 2002. Ms. NORTON, Mr. OBERSTAR, Mr. penalties for illegal trafficking of archae- H.R. 4985. Referral to the Committee on OLVER, Mr. ORTIZ, Mr. OWENS, Mr. ological resources, and for other purposes; to Ways and Means extended for a period ending PASTOR, Ms. PELOSI, Mr. PHELPS, Mr. the Committee on the Judiciary, and in addi- not later than June 28, 2002. RAHALL, Mr. REYES, Ms. RIVERS, Mr. tion to the Committee on Resources, for a H.R. 4986. Referral to the Committee on RODRIGUEZ, Ms. ROYBAL-ALLARD, Mr. period to be subsequently determined by the Ways and Means extended for a period ending RUSH, Mr. SANDLIN, Mr. SAWYER, Ms. Speaker, in each case for consideration of not later than June 28, 2002. SCHAKOWSKY, Mr. SCHIFF, Mr. SCOTT, such provisions as fall within the jurisdic- Mr. SERRANO, Ms. SLAUGHTER, Ms. tion of the committee concerned. f SOLIS, Mr. STRICKLAND, Mr. STUPAK, By Mr. PAUL: PUBLIC BILLS AND RESOLUTIONS Mr. THOMPSON of Mississippi, Mrs. H.R. 5026. A bill to amend the Internal Rev- THURMAN, Mrs. JONES of Ohio, Mr. enue Code of 1986 to provide for a nonrefund- Under clause 2 of rule XII, public TURNER, Mr. UDALL of New Mexico, able tax credit for law enforcement officers bills and resolutions of the following Mr. UNDERWOOD, Mr. VISCLOSKY, Ms. who purchase armor vests, and for other pur- titles were introduced and severally re- WATSON, Mr. WEINER, Mr. WEXLER, poses; to the Committee on Ways and Means. ferred, as follows: Ms. WOOLSEY, Mr. WYNN, Mrs. By Mr. PAUL: H.R. 5027. A bill to amend the Internal Rev- By Mr. MCINNIS (for himself and Mr. NAPOLITANO, and Ms. MILLENDER- enue Code of 1986 to provide a tax credit for HAYWORTH): MCDONALD): police officers and professional firefighters, H.R. 5017. A bill to amend the Temporary H.R. 5019. A bill to amend titles XVIII and and to exclude from income certain benefits Emergency Wildfire Suppression Act to fa- XIX of the Social Security Act to provide for received by public safety volunteers; to the cilitate the ability of the Secretary of the a voluntary Medicare prescription medicine Committee on Ways and Means. Interior and the Secretary of Agriculture to benefit, to provide greater access to affordable pharmaceuticals, to revise and improve By Mr. PETERSON of Minnesota: enter into reciprocal agreements with for- H.R. 5028. A bill to amend the Small Busi- eign countries for the sharing of personnel to payments to providers of services under the Medicare Program, and for other purposes; ness Act to prohibit the Small Business Ad- fight wildfires; to the Committee on Agri- ministration from selling loans made by the culture, and in addition to the Committees to the Committee on Energy and Commerce, and in addition to the Committee on Ways Administration under the Disaster Loan pro- on Resources, International Relations, and and Means, for a period to be subsequently gram; to the Committee on Small Business. the Judiciary, for a period to be subse- determined by the Speaker, in each case for By Mrs. TAUSCHER: quently determined by the Speaker, in each consideration of such provisions as fall with- H.R. 5029. A bill to provide that for taxable case for consideration of such provisions as in the jurisdiction of the committee con- years beginning before 1980 the Federal in- fall within the jurisdiction of the committee cerned. come tax deductibility of flight training ex- concerned. By Mr. YOUNG of Alaska (for himself, penses shall be determined without regard to By Mr. NEY (for himself and Mr. Mr. QUINN, Mr. FERGUSON, Mr. KEN- whether such expenses were reimbursed HOYER): NEDY of Minnesota, and Mr. FRELING- through certain veterans educational assist- H.R. 5018. A bill to direct the Capitol Po- HUYSEN): ance allowances; to the Committee on Ways lice Board to take steps to promote the re- H.R. 5020. A bill to authorize the Surface and Means. tention of current officers and members of Transportation Board to direct the contin- By Mr. YOUNG of Alaska (for himself the Capitol Police and the recruitment of ued operation of certain commuter rail pas- and Mr. HANSEN): new officers and members of the Capitol Po- senger transportation operations in emer- H.R. 5030. A bill to amend the Magnuson- lice, and for other purposes; to the Com- gency situations, and for other purposes; to Stevens Fishery Conservation and Manage- mittee on House Administration. considered the Committee on Transportation and Infra- ment Act to clarify the definition of ‘‘essen- and passed. structure. tial fish habitat’’, and for other purposes; to By Mr. RANGEL (for himself, Mr. DIN- By Mr. BEREUTER: the Committee on Resources. GELL, Mr. HOLDEN, Mr. MALONEY of H.R. 5021. A bill to authorize the Secretary By Mr. PICKERING: Connecticut, Mr. ROSS, Mr. SHOWS, of the Interior to grant an easement to fa- H.J. Res. 102. A joint resolution proposing Mr. BROWN of Ohio, Mr. STARK, Mr. cilitate access to the Lewis and Clark Inter- an amendment to the Constitution of the WAXMAN, Mr. PALLONE, Mr. ABER- pretive Center in Nebraska City, Nebraska; United States to guarantee the right to re- CROMBIE, Mr. ACKERMAN, Mr. ALLEN, to the Committee on Resources. cite the Pledge of Allegiance to the Flag; to Mr. ANDREWS, Mr. BACA, Mr. BAIRD, By Mr. FLAKE (for himself, Mr. the Committee on the Judiciary. Mr. BALDACCI, Ms. BALDWIN, Mr. BAR- DELAHUNT, Mrs. EMERSON, Mr. By Mr. GILCHREST (for himself, Mr. CIA, Mr. BARRETT, Mr. BECERRA, Ms. MCGOVERN, Mr. SHAYS, Ms. BALDWIN, JONES of North Carolina, and Mr. BERKLEY, Mr. BERRY, Mr. Mr. TOWNS, Mr. OTTER, Mr. PAUL, Mr. SAXTON): BLUMENAUER, Mr. BONIOR, Mr. BOR- STENHOLM, Mr. BERMAN, Mr. LYNCH, H. Con. Res. 427. Concurrent resolution ex- SKI, Mr. BOSWELL, Mr. BOUCHER, Mrs. Mr. ROEMER, Mr. LAMPSON, Mr. ABER- pressing the sense of the Congress regarding CAPPS, Mr. CAPUANO, Mr. CARDIN, Ms. CROMBIE, Mr. DOOLEY of California, the imposition of trade sanctions on nations CARSON of Indiana, Mrs. Ms. SOLIS, Mr. MORAN of Kansas, Mr. that are undermining the effectiveness of CHRISTENSEN, Mr. CLAY, Mr. CON- TANNER, Mr. JOHNSON of Illinois, Mr. conservation and management measures for YERS, Mr. COYNE, Mr. CROWLEY, Mr. THOMPSON of California, Mr. FARR of Atlantic marlin adopted by the International CUMMINGS, Mr. DAVIS of Illinois, Ms. California, Mr. KIND, Mr. BERRY, Mr. Commission for the Conservation of Atlantic DEGETTE, Mr. DELAHUNT, Ms. NETHERCUTT, Mr. ROSS, Mr. CLAY, Tunas and that are threatening the contin- DELAURO, Mr. DEUTSCH, Mr. DOYLE, Mr. SNYDER, Mr. RANGEL, Mr. KLECZ- ued viability of United States commercial Mr. ENGEL, Ms. ESHOO, Mr. EVANS, KA, and Mr. BOOZMAN): and recreational fisheries; to the Committee Mr. FILNER, Mr. FRANK, Mr. FROST, H.R. 5022. A bill to allow travel between on Resources. Mr. GEPHARDT, Mr. GONZALEZ, Mr. the United States and Cuba; to the Com- By Mr. HILLEARY: GORDON, Mr. GREEN of Texas, Mr. mittee on International Relations. H. Con. Res. 428. Concurrent resolution ex- HASTINGS of Florida, Mr. HILLIARD, By Mr. MARKEY: pressing the sense of the Congress that reci- Mr. HINCHEY, Mr. HINOJOSA, Mr. H.R. 5023. A bill to establish a task force to tation of the Pledge of Allegiance in schools HONDA, Mr. HOYER, Mr. ISRAEL, Ms. evaluate and make recommendations with is consitutional under the First Amendment

VerDate Jun 13 2002 02:29 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JN7.073 pfrm20 PsN: H26PT2 B015 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 62 Date— HOUSEFiled: 05/05/2010 Entry ID:H4075 5443428 Weberman from the Michael-Ann Rus- titled ‘‘Squeaky Clean,’’ the magazine stitutional, the Presidential oath sell Jewish Community Center for The Economist referred to fuel cells as would be unconstitutional, and yes, their tireless efforts in making this the next big thing, and the most prom- this very Chamber, the House of Rep- rally a giant success. The event in- ising fuel cells operate on hydrogen, resentatives, would be unconstitu- cluded a variety of speakers from dif- which the magazine Physics Today re- tional. ferent religious denominations, paro- ferred to as the fuel of the future. To call the Pledge of Allegiance un- chial schools, youth groups and com- We know their potential. Zero emis- constitutional is the highest embar- munity organizations. sions. Water and heat are the only by- rassment for our judicial system, and The rally provided an opportunity for products, and when both heat and elec- this ruling undermines everything our folks to voice their support for the tricity are used, fuel cells can obtain Nation stands for, principles set back State of Israel and gave them specific more than 80 percent efficiency. in 1776, as well as the Declaration of information on the different ways that Researchers at our national science Independence, which by the way in- they can help both of our countries labs, corporations, universities and cludes the word God as well. fight the international war on ter- small businesses are working hard to Mr. Speaker, is the very document rorism. help us realize the potential of fuel that announced our Nation’s independ- I want to especially thank those or- cells. ence also unconstitutional? Next week ganizers of the Interfaith Solidarity America has the ingenuity and the we will be celebrating our Nation’s with Israel rally for uniting our com- expertise to meet our future energy de- independence, and I hope every Amer- munity in its support for this embat- mands, and fuel cells can help us to do ican will remember and celebrate our tled country. so in an environmentally responsible Nation’s traditions, including express- f way that sets a standard for the world. ing our unity as one Nation under God, f indivisible, with liberty and justice for AMERICA’S SENIORS WANT GUAR- all, and may God bless America. ANTEED ACCESS TO MEDICINES WOMEN AND PRESCRIPTION f (Mrs. CHRISTENSEN asked and was DRUGS given permission to address the House (Ms. SOLIS asked and was given per- REPUBLICANS DENYING OUR for 1 minute.) mission to address the House for 1 SENIORS RELIEF THEY NEED Mrs. CHRISTENSEN. Mr. Speaker, minute.) (Mr. DOGGETT asked and was given left to the Republican sham prescrip- Ms. SOLIS. Mr. Speaker, women in permission to address the House for 1 tion drug bill, our parents, including this country need a Medicare drug ben- minute.) individuals with disabilities, will find efit now. In the State of California, 56 Mr. DOGGETT. Mr. Speaker, today themselves at the mercy of private percent of Medicare recipients are Republicans refuse to permit consider- HMOs having to search for a plan. women. These elderly women have on ation of a prescription drug plan for America’s seniors want guaranteed ac- the average spent about 10 percent of our seniors on the very same day that cess to the medicines their doctors pre- the cost for prescription drugs there, one of their leaders condemns the basic scribe at prices they can afford, and but this year alone their costs went up Medicare program as a Soviet-style they depend on that guarantee for help about 20 percent; and for people from program. The Republicans have no pre- and for life. my district particularly, this is a very, scription drug plan, only a scheme to The only bill on the floor today guar- very extreme hardship. privatize Medicare and to protect pre- antees no prescription drug benefit. Most are on fixed incomes and cannot scription drug manufacturers. They The plan the Republicans are trying to afford those costs, and they believe the want to turn seniors over to HMOs force on this country does nothing to plan that is being proposed by the Re- with no guaranteed deductible, no curb soaring drug prices, not enough to publicans today will actually make guaranteed premium, and no guaran- restore provider payments and does ev- their lives worse. I know that because teed benefit. Some plan. erything to benefit private insurance their plan will help to benefit HMOs The House Republican leadership has companies. and insurance companies and it is a once again pledged its allegiance to the Our plan, the Dingell bill, honors our farce. They are saying that our current pharmaceutical manufacturers who are responsibilities to this Nation’s sen- drug benefit program is a Soviet-style the price gougers that forcing our seniors, gives them coverage for any drug form of government. That cannot be iors to pay the highest prices of any their doctor prescribes, and guarantees farther from the truth. people in the entire world. Little won- that beneficiaries always have cov- When I go into my senior citizen cen- der that these same manufacturers are erage, with lower monthly premiums ters, the first thing people ask me is, already on the airwaves across Amer- and a lower out-of-pocket maximum. HILDA SOLIS, you are my representa- ica paying millions for ads to defend Our plan beats theirs any day and in tive, why is there not a better benefit their Republican House partners who any way. That is why we are being de- program so I can pay for my treatment are trying today to deny our seniors nied a chance to offer it. that I need to control my diabetes, to the relief they so very desperately That is not fair to us, their col- get my insulin, to pay for the things need. leagues, and it disrespects those who that I need to survive? f sent us here; but it is most unfair to Let us do the right thing today. Let b 1115 the seniors and their families who need us vote for a Democratic substitute real help with medication now. that is fair for all people. LIBERAL COURTS ERR AGAIN f f (Mr. PITTS asked and was given permission to address the House for 1 ASTONISHMENT AND OUTRAGE AT ENERGY INDEPENDENCE THROUGH minute and to revise and extend his re- RULING OF NINTH CIRCUIT FUEL CELLS marks.) (Mrs. BIGGERT asked and was given COURT OF APPEALS Mr. PITTS. Mr. Speaker, our liberal permission to address the House for 1 (Mr. GIBBONS asked and was given friends in the Federal courts have erred minute and to revise and extend her re- permission to address the House for 1 again. The 14th amendment says that marks.) minute and to revise and extend his re- no State, and I quote, ‘‘shall deprive Mrs. BIGGERT. Mr. Speaker, I rise marks.) any person of life, liberty, or property this morning to highlight the promise Mr. GIBBONS. Mr. Speaker, today I without due process of law.’’ Yet late and the potential of fuel cells in hydro- rise to express my astonishment and last year the Supreme Court ruled that gen to help us gain greater energy outrage at the ruling of the Ninth Cir- this guaranteed doctors the right to independence in a way that is safe, cuit Court of Appeals, which declared impale partially-born babies in the clean and renewable. the Pledge of Allegiance to be uncon- skull with scissors and extract them Often called minipower plants, fuel stitutional. Mr. Speaker, what could dead from their mother’s birth canals. cells could hold the key to energy inde- this court be thinking? Under their The first amendment says America pendence for America. In an article en- reasoning, our money would be uncon- cannot have an official State church,

VerDate jun 06 2002 03:56 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.015 pfrm15 PsN: H27PT1 B016 Case:H4076 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 63 Date— HOUSEFiled: 05/05/2010 EntryJune ID: 27, 5443428 2002 like England has, and I quote, ‘‘Con- 50th anniversary of Mancor Carolina, The Clerk read the resolution, as fol- gress shall make no law respecting an located in Lugoff, in Kershaw County, lows: establishment of religion.’’ Yet a Fed- South Carolina. H. RES. 461 eral judge in my district has recently In 1987, Mancor opened a manufac- Resolved, That at any time after the adop- ruled that the Ten Commandments turing business with 45 employees, tion of this resolution the Speaker may, pur- have to be taken down from the county serving customers such as Dana Cor- suant to clause 2(b) of rule XVIII, declare the courthouse wall where they have stood poration and Mack Trucks. House resolved into the Committee of the for 82 years. In 1998, Dilip Teppara became Vice Whole House on the state of the Union for The first amendment says, ‘‘Congress President and General Manager of consideration of the bill (H.R. 5010) making Mancor Carolina. During the last 4 appropriations for the Department of De- shall make no law prohibiting the free fense for the fiscal year ending September 30, exercise of religion.’’ Yet, despite this, years, under Mr. Teppara’s leadership, 2003, and for other purposes. The first read- the 9th Circuit court ruled yesterday Mancor has more than doubled its ing of the bill shall be dispensed with. All that in school children are not allowed sales; and the company has grown to points of order against consideration of the to recite the Pledge of Allegiance any nearly 175 employees. bill are waived. General debate shall be con- more, even though they have been Mancor Carolina is now a major sup- fined to the bill and shall not exceed one doing it since 1892. plier to companies such as Dana in hour equally divided and controlled by the Mr. Speaker, the judicial branch of Lugoff, Freightliner in Gaffney, John chairman and ranking minority member of government is out of control. They are Deere in Augusta, Komatsu in the Committee on Appropriations. After general debate the bill shall be considered for making a mockery of our Constitution. Newberry, Caterpillar, and Mack amendment under the five-minute rule. The Congress and the President must Trucks in Winnsboro. Mancor is one of Points of order against provisions in the bill stand up to the radical activist judges the largest private employers in for failure to comply with clause 2 of rule and make things right again. Kershaw County, and the company is XXI are waived. During consideration of the f undergoing a multimillion dollar ex- bill for amendment, the Chairman of the pansion which will create new jobs for Committee of the Whole may accord priority HOUSE DIVIDED ON PRESCRIPTION the community. in recognition on the basis of whether the DRUG PLAN I want to commend Mr. Poul Hansen, Member offering an amendment has caused (Mr. CROWLEY asked and was given Mr. Preben Ostberg, and Mr. Art it to be printed in the portion of the Con- gressional Record designated for that pur- permission to address the House for 1 Church for their vision in making pose in clause 8 of rule XVIII. Amendments minute and to revise and extend his re- Mancor Carolina a world-class manu- so printed shall be considered as read. At the marks.) facturing company. Most importantly, conclusion of consideration of the bill for Mr. CROWLEY. Mr. Speaker, 9 though, the success of Mancor Carolina amendment the Committee shall rise and re- months ago I stood on this floor and is due to its employees and their fami- port the bill to the House with such amend- talked about the attack upon my great lies. Mancor would not be where it is ments as may have been adopted. The pre- city, the City of New York. Never be- today without their commitment, sac- vious question shall be considered as ordered fore in my 4 years in this Congress had rifice, and dedication. on the bill and amendments thereto to final I felt this House and this country more passage without intervening motion except f one motion to recommit with or without in- united than at that moment. KEEP MEDICARE PUBLIC structions. The pundits began to speak, and they SEC. 2. That upon the adoption of this reso- began to ask questions like, how long (Mr. BROWN of Ohio asked and was lution it shall be in order, any rule of the would it last; how long would this given permission to address the House House to the contrary notwithstanding, to House stay united; and would it be the for 1 minute and to revise and extend consider concurrent resolutions providing for Democrats or the Republicans who his remarks.) adjournment of the House and Senate during would blink first? Unfortunately, it has Mr. BROWN of Ohio. Mr. Speaker, 37 the month of July. been the Republicans. years ago, the majority Republicans The SPEAKER pro tempore (Mr. Today, they offer a prescription drug voted against the creation of Medicare, LATOURETTE). The gentlewoman from plan without giving the opportunity which has turned out to be probably North Carolina (Mrs. MYRICK) is recog- for this side of the aisle to present our the single best program the U.S. gov- nized for 1 hour. plan, without having a fair vote up and ernment has ever sponsored. Mrs. MYRICK. Mr. Speaker, for pur- down on both. They know the Demo- Republican leader Newt Gingrich said poses of debate only, I yield the cus- cratic side would win. This bill, our that Medicare should wither on the tomary 30 minutes to the gentleman bill, would win the day. vine. The Republicans, in the late from Texas (Mr. FROST); pending which It appears in the middle of the night 1990s, proceeded to cut $250 billion from I yield myself such time as I may con- that there was an election held, that Medicare. Today, our Republican lead- sume. During consideration of the reso- there are now 436 Members of Congress. er in the Committee on Rules labeled lution, all time yielded is for purposes Robert Ingram, I do not know which Medicare a Soviet-style program. In of debate only. State he is from, but he has already my 10 years in Congress, the only peo- Yesterday, the Committee on Rules proven himself to be a great fund-raiser ple I have found that are hostile to met and granted an open rule for H.R. for the Republican side of the aisle. He Medicare, that do not like the Medi- 5010, the fiscal year 2003 Department of has raised $250,000 from care program, are my Republican Defense Appropriations Act. The rule GlaxoSmithKline, apparently his friends on that side of the aisle. provides for 1 hour of general debate former company; from Pfizer, $150,000; Today, we have a choice. We have a equally divided between the chairman from Merck, $150,000. The money is choice between a Medicare prescription and ranking minority member of the where this bill follows, and the Amer- drug plan written for America’s seniors Committee on Appropriations. ican people are going to know about it. or a private insurance plan written, the This is a fair and open rule for a very This House has been brought asunder Republican’s private insurance plan, important bill. It cannot get any better not by the Democrats but by the Re- written by and for the drug companies, than that. The rule allows any Member publicans today, by their actions. It is which will privatize Medicare. to offer any amendment to the bill, as intolerable, and the American people Let us keep Medicare public, let us long as their amendment complies with should know about it and know fully pass a prescription drug benefit that the normal rules of the House. what happens today. works for seniors, not for the drug The defense appropriations bill provides the tools and the resources for f companies. our military to wage an aggressive war f PRAISING MANCOR CAROLINA against terrorism while defending our (Mr. JOE WILSON of South Carolina DEPARTMENT OF DEFENSE Nation against an ever-changing mili- asked and was given permission to ad- APPROPRIATIONS ACT, 2003 tary threat. In our global campaign dress the House for 1 minute and to re- Mrs. MYRICK. Mr. Speaker, by direc- against global terror, our military vise and extend his remarks.) tion of the Committee on Rules, I call must have every resource, every tool, Mr. WILSON of South Carolina. Mr. up House Resolution 461 and ask for its every weapon and every advantage Speaker, I rise to commemorate the immediate consideration. they need for the missions to come.

VerDate jun 06 2002 04:14 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.017 pfrm15 PsN: H27PT1 B017 Case:June 09-2473 27, 2002 Document:CONGRESSIONAL 00116058015 RECORD Page: 64— Extensions Date Filed: of Remarks05/05/2010 Entry ID:E1169 5443428 the children, spouses and parents they left NINTH CIRCUIT COURT OF Throughout our Nation’s history we have behind. Let us never forget those who re- APPEALS’ RULING faced many challenges, fought many battles. turned, many disabled. If we can remember But from troubled times, we’ve gained greater these worthy veterans on Memorial Day, we ought to honor them on Election Day. Let’s HON. CHARLES W. ‘‘CHIP’’ PICKERING victories. To the American, trouble but fuels do all in our power to put more upcoming Ed OF MISSISSIPPI our soul. Ignites our spirit. Trouble forges our Conroy’s in City Hall, on the County Coun- IN THE HOUSE OF REPRESENTATIVES future’s strength. September 11th’s legacy will cil, in our State House, and in the Congress. Wednesday, June 26, 2002 be no different. We have the opportunity to do so with elec- This Fourth of July, let us pause to give tions coming up in the Fall. They served us Mr. PICKERING. Mr. Speaker, today the lat- thanks to the almighty—to remember, reclaim, so well in war—and they would do as well in est in a string of absurd court decisions was and rejoice in our national spirit born of revolu- preserving the peace. handed down from a Federal Appeals Court in tion, our national quest. Our very own heroes—Bill Hickey in World San Francisco. This court decided that the In President Jefferson’s first inaugural ad- War II, Ed Conroy in Korea, and Captain Jim Pledge of Allegiance was unconstitutional and dress, he called us ‘‘A rising nation, spread Graham, Butch Joeckel, and John Clements cannot be recited in schools. over a wide and fruitful land, traversing all the in Vietnam—they represent the best that This is an unfortunate assault on America’s seas with the rich productions of their industry America has to offer. They are object lessons tradition of recognizing the role of God in our themselves. They made history. Hopefully, . . . advancing rapidly to destinies beyond the country’s life and as a foundation of our lib- reach of mortal eye.’’ our young people will be inspired by their ex- erties. ample. Mountaineers are always free. We live Jef- This most outrageous decision cannot and If America is to remain great, it may in- ferson’s words. The spirits of Flood ravaged will not stand. Our forefathers authored the 1st West Virginians fan the flames of future’s deed depend on how well we continue to in- Amendment to protect Americans from a ‘‘na- spire our youth to excel. Our noted Sons of hope. Prince George’s County have shown the way. tional church or national doctrine’’ not from the ‘‘The God who gave us reason,’’ Jefferson Pledge of Allegiance. For far too often the Thank you—and God Bless America. said, ‘‘did not ask us to forego its use.’’ And most liberal Members of our courts have truly America has taken his words to heart. abused the 1st Amendment to remove any ac- We pursue life, liberty and happiness in this f knowledgment of God or a higher being from great Nation with great passion. the Federal Government and our daily life. And so it should be. IN RESPONSE TO THE NINTH CIR- I would simply remind my colleagues that CUIT COURT OF APPEALS’ RUL- Next January, our Nation will celebrate the we sit in a chamber that has the words ‘‘In 200th Anniversary of Jefferson’s legacy, the ING ON THE PLEDGE OF ALLE- God We Trust’’ engraved on the wall. From GIANCE Lewis and Clark Expedition, a national quest the beginning of our Republic a higher being that has inspired us ever since. Freedom has been acknowledged by this government paves the path of our national quest. HON. ADAM H. PUTNAM and the Pledge of Allegiance simply is con- As we face new economic realities in West sistent with that history and tradition. Virginia, we seek not only new industries, but OF FLORIDA It is hardly comparable to note that the also new economies. From new infrastructure Pledge of Allegiance is relative to the estab- IN THE HOUSE OF REPRESENTATIVES to new technologies, we are working to build lishment of a national religion, church or doc- a new and brighter West Virginia. Wednesday, June 26, 2002 trine. As we face the war on terrorism, we grieve The court in San Francisco is the most for the terrible toll it has already taken, the Mr. PUTNAM. Mr. Speaker, I am fortunate overturned appeals court in the Nation. I am lives of West Virginia’s precious sons and to have many veterans residing in my district. confident that this decision will also be over- daughters. Let us remember that their sacrifice When I heard of the appalling actions of the turned, but to ensure that the Pledge of Alle- was for our quest not to falter or to fail, but Ninth Circuit Court of Appeals—ruling that the giance continues to be observed I am intro- rather to set sail and soar. Pledge of Allegiance was unconstitutional—my ducing legislation to amend the Constitution to The rights for which our founding fathers thoughts turned to them. We are a nation ensure the Pledge of Allegiance is constitu- and mothers so valiantly pledged their lives, standing strong today because those heroes tionally protected speech. fortunes and sacred honors—and might I add pledged their allegiance to America with their f they did so, and I quote, ‘‘with a firm reliance lives, their tears and their sacred honor. What on the protection of divine Providence,’’—re- must our troops in the field today think? A RISING NATION, UNDER GOD THIS FOURTH OF JULY quire the same from us in times of peace— Our Country came into being through a and in times of war. Declaration of Independence that acknowl- Jefferson’s last letter, which was read on edged that we are endowed by our Creator HON. NICK J. RAHALL II OF WEST VIRGINIA July 4th 1826 in Washington, DC, the day he with the unalienable rights of life, liberty and would pass from this earth—concluded, ‘‘For IN THE HOUSE OF REPRESENTATIVES the pursuit of happiness. This is clearly an ac- ourselves, let the annual return of this day for- knowledgement in the very founding document Wednesday, June 26, 2002 ever refresh our recollections of these rights of this Nation that we are indeed ‘‘one Nation Mr. RAHALL. Mr. Speaker, listen again to and an undiminished devotion to them.’’ under God.’’ the words we will hear this Fourth of July: ‘‘We Our national quest shall endure. We remain When I conclude a constituent letter with hold these truths to be self-evident, that all a rising nation. The Fourth of July is our con- ‘‘God bless America’’ is my action unconstitu- men are created equal, that they are endowed stant reminder, and the good Lord, our con- tional? Should that be banned, too? I stand by their Creator with certain unalienable stant strength, despite what any court, judge, with the tradition that allows the President to Rights, that among these are Life, Liberty and or jurisdiction of this government says to the put his hand on the Bible, pledge to protect the pursuit of Happiness.’’ contrary. and defend the Constitution and conclude his Given the recent Federal Court ruling about f oath with the words of George Washington, the constitutionality of our pledge of alle- IN HONOR OF VINCENT J. ‘‘So help me God.’’ giance, will the day come when a Federal Court of these United States will not allow our BILARDO, JR. It is sad that at a time when our country is Declaration of Independence to be read or at war and Americans have a renewed sense posted on the walls of our schoolrooms across of patriotism—and what allegiance to America HON. KAREN McCARTHY this land? I pray not. costs—this court is driving a wedge between OF MISSOURI We must always be mindful that the moral IN THE HOUSE OF REPRESENTATIVES us with their absurd ruling. It is my fervent fiber of this Nation was built not upon the law hope that a common sense reading of the of man, but rather upon the law of God. Wednesday, June 26, 2002 Constitution will eventually prevail and that lib- ‘‘The longer I live, the more convincing Ms. MCCARTHY of Missouri. Mr. Speaker, I eral judges will end their war on religion in proofs I see of this truth,’’ said Benjamin rise today to pay tribute to an outstanding indi- America. Franklin, ‘‘that God governs in the affairs of vidual and dedicated public servant from the As countless American leaders of all polit- men. And if a sparrow cannot fall to the State of Missouri. On July 26th, Vincent J. ical stripes have said before me, God Bless ground without his notice—is it probable that Bilardo, Jr. will be ending his current assign- America. an empire can rise without his aid?’’ ment from the U.S. Army Corps of Engineers

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, WEDNESDAY, JUNE 26, 2002 No. 87 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING on the bill having been heard, the bill called to order by the Honorable JACK PRESIDENT PRO TEMPORE will be placed on the calendar. REED, a Senator from the State of The PRESIDING OFFICER. The f Rhode Island. clerk will please read a communication to the Senate from the President pro SCHEDULE PRAYER tempore (Mr. BYRD). Mr. REID. Mr. President, the Senate The legislative clerk read the fol- will be in a period of morning business, The Chaplain, Dr. Lloyd John lowing letter: which the Chair will announce shortly, Ogilvie, offered the following prayer: U.S. SENATE, with the first 30 minutes under the Almighty God, we cherish our free- PRESIDENT PRO TEMPORE, control of the majority leader, and our dom but remember that freedom is not Washington, DC, June 26, 2002. first speaker, Senator KENNEDY, will be free. This week, as we prepare for the To the Senate: his designee, and the second 30 minutes Fourth of July celebration, we remem- Under the provisions of rule I, paragraph 3, under the control of the Republican of the Standing Rules of the Senate, I hereby ber that freedom cost the signers of the leader. There will be additional time appoint the Honorable JACK REED, a Senator Declaration of Independence a great from the State of Rhode Island, to perform for morning business—probably 20, 25 deal. On that hallowed document, 56 the duties of the Chair. minutes—and that will be equally di- men placed their names beneath the ROBERT C. BYRD, vided in the usual form. At 11 a.m. the declaration and pledged their lives, President pro tempore. Senate will resume the Department of their fortunes, and their sacred honor. Mr. REED thereupon assumed the Defense authorization bill. And they did, indeed, pay the price for chair as Acting President pro tempore. Last night the majority leader filed a freedom. f cloture motion. Therefore, all first-de- Of the 56 men, few were long in serv- gree amendments must be filed prior to RECOGNITION OF THE ACTING 1 p.m. today. Any amendments that ice: Five were captured and tortured MAJORITY LEADER before they died; twelve had their have already been filed do not need to homes ransacked, looted, occupied by The ACTING PRESIDENT pro tem- be refiled. the enemy, or burned; two lost their pore. The Senator from Nevada is rec- The two managers of the bill have a sons in the Army; one had two sons ognized. number of amendments they hope to captured; 9 of the 56 men died during Mr. REID. Thank you very much, Mr. have approved, because they have been the war from its hardships. They President. cleared on both sides, at or around 11 served in Congress without pay and f o’clock. At that time, the two man- they loaned their money to fight the MEASURE PLACED ON THE agers will announce how they wish to war and were never reimbursed. CALENDAR—H.R. 3971 proceed on the legislation. Thank You, Lord, for great leaders in Mr. REID. Mr. President, I under- f every generation. We are grateful for stand H.R. 3971 is at the desk and due RESERVATION OF LEADER TIME the men and women of this Senate as for its second reading. they commit their lives and sacred The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- honors for our beloved Nation and the pore. The Senator is correct. pore. Under the previous order, the cause of freedom. ‘‘Long may our land Mr. REID. I ask that H.R. 3971 be leadership time is reserved. be bright, with freedom’s holy light!’’ read for a second time, but then I f Amen. would object to any further proceedings at this time. MORNING BUSINESS f The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tempore. The clerk will read the title of pore. Under the previous order, there PLEDGE OF ALLEGIANCE the bill for the second time. will now be a period for the transaction The legislative clerk read as follows: of morning business not to extend be- The Honorable JACK REED led the A bill (H.R. 3971) to provide for an inde- yond the hour of 11 a.m., with Senators Pledge of Allegiance, as follows: pendent investigation of Forest Service fire- permitted to speak therein for up to 10 fighter deaths that are caused by wildfire en- I pledge allegiance to the Flag of the minutes each. trapment or burnover. United States of America, and to the Repub- The Senator from Massachusetts. lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- Mr. KENNEDY. Thank you, Mr. indivisible, with liberty and justice for all. pore. Objection to further proceeding President.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S6049

VerDate jun 06 2002 00:15 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.000 pfrm15 PsN: S26PT1 B019 Case:S6084 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 66 Date— SENATE Filed: 05/05/2010 EntryJune ID: 26, 5443428 2002 We assess that Iraq can account for Lieu- Senator’s bill will help. I just caution watching C–SPAN one day and said: tenant Commander Speicher, but that Bagh- one thing, which is that we don’t turn What in the world is going on? Why dad is concealing information about his fate. this thing into a 90-day reporting pe- don’t you guys salute the flag? Lieutenant Commander Speicher probably riod and get off focus. The main focus I said: I don’t know; let’s find out. survived the loss of his aircraft, and if he We implemented it. The House of survived, he almost certainly was captured should be, let’s find him, or find out by the Iraqis. what happened to him. And let’s do it Representatives recites the Pledge every day. We had a unanimous resolu- We know, because there is a lot of in- quickly so that the Senator’s legislation that passed the Congress. I wish to formation to indicate, that he could tion will be over with quickly because, recite from the resolution because it have survived the ejection from the hopefully, in the first 90 days we will shows we ought to be pretty outraged aircraft and that there is all kinds of get the answers. I hope it will not be a intelligence information about what series of 90-day reports in succession as by that judicial decision: may or may not have happened to him we see years and years go by. Whereas the Flag of the United States of If Scott Speicher is alive, the America is our Nation’s most revered and afterwards. We also know that the preeminent symbol.... Iraqis know the answer. They could re- thought of him languishing in some And it goes on to talk about the flag turn Speicher one way or the other, prison cell somewhere in Iraq—God and it even talks about the Pledge. dead or alive, or give us information knows what is going on—is a horrible Here we are talking about a Naval of- that would indicate one way or the thing to even think about. If he is ficer who may or may not be alive in other. dead, then Saddam Hussein should tell I don’t know if Commander Scott us what happened to him. Iraq who is basically not looked for by Speicher is alive, but I do know there I want to make it clear, before I con- his own Government for 10 years, and is no information that he is dead. A lot clude, that the current intelligence now we get an appeals court decision in of information suggests he may be community, starting in the previous the Ninth Circuit that says we have to alive. I want to again re-encapsulate administration and then into this one, take ‘‘under God’’ out of the Pledge of this because it is very important. In Admiral Wilson of DIA, and others Allegiance to the flag of the United spite of all the information we had at have been very helpful and very respon- States of America. our disposal up until the last 2 or 3 sive in helping us to get the answers. Frankly, to Judge Goodwin: May God years, from the early nineties, crossing We have had a number of occasions bless us all and pray for us. The PRESIDING OFFICER. The Sen- two administrations, the previous Bush where we could do that. So I am opti- ator from Florida. administration and the Clinton admin- mistic and I know the Senator’s legis- Mr. NELSON of Florida. Mr. Presi- istration—in spite of the fact that in- lation will help. dent, we are going to wind up the de- formation was in the DPMO office and NINTH CIRCUIT COURT OF APPEALS RULING bate on our amendment having to do in the intelligence office and the Navy, Before I yield the floor, this has an with Scott Speicher, but since the dis- in spite of all of that information that impact here. I want my colleagues to tinguished Senator has told me of two showed an overwhelming amount of know this because here we are talking events, I want to comment. evidence that he may have survived, now about a missing pilot who was shot First, the Senator from New Hamp- they still declared him KIA and refused down in 1991 in the Persian Gulf war, shire told me that certain bureaucrats to change the status. fighting for his country, for the flag, label him a troublemaker. If that is the When I asked to change the status, I fighting for this Nation under God, the case, I like that kind of troublemaker. was declared a troublemaker in the se- flag we salute every single day, ‘‘one Second, the Senator from New Hamp- cret conversations and documents to nation under God.’’ I want to announce shire referred to a recent decision by a which I was not privy. I don’t care be- to my colleagues a decision that just Federal district court of appeals, of cause the issue is not me. If we can find came down from the Ninth Circuit which I was not aware, to take the out that Scott Speicher is alive and Court—the infamous Ninth Circuit words ‘‘under God’’ out of the Pledge of could come home to his family, I would court. Listen to this article on the rul- Allegiance. like to join my colleague in Jackson- ing: I have faith in our judicial system. ville for that homecoming. But we owe Senator BYRD, the distinguished senior nothing less to the Speicher family A federal appeals court ruled Wednesday that the Pledge of Allegiance is an unconsti- Senator from West Virginia, reminds than that. All the men and women who tutional endorsement of religion and cannot all of us to carry around a copy of the serve in uniform in our Nation’s mili- be recited in schools. Constitution and a copy of the Declara- tary deserve nothing less than that— That is the wording of the Ninth Cir- tion of Independence. I remind my col- that the U.S. Government finds out cuit Court. leagues the second paragraph of the what happens. Declaration of Independence has these We realize we are dealing with a na- The 9th U.S. Circuit Court of Appeals overturned a 1954 act of Congress inserting the immortal words: tion and a leader who isn’t exactly phrase ‘‘under God’’ after the words ‘‘one na- We hold these truths to be self-evident, willing to cooperate and is not the tion’’ in the pledge. The court said the that all men are created equal, that they are greatest humanitarian the world has phrase violates the so-called Establishment endowed by their Creator with certain ever seen. I don’t blame the U.S. Gov- Clause in the Constitution that requires a unalienable Rights, that among these are ernment for that. I do blame the U.S. separation of church and state. Life, Liberty and the pursuit of Happiness. Government for not sharing this with I will be very brief in deference to my Whether it be the judicial system me. I was not a member of the Intel- colleague. But they further said: that would correct a decision by a ligence Committee, so I was basically A profession that we are a nation ‘‘under court of appeals which absolutely stuns kept from getting the information, God’’ is identical, for Establishment Clause me or whether it would be the checks frankly, by the chairman of the com- purposes, to a profession that we are a na- and balances found in this Constitution mittee. I wasn’t able to get it. tion ‘‘under Jesus,’’ a nation ‘‘under of the United States, to which con- Finally, after raising enough ruckus, Vishnu,’’ a nation ‘‘under Zeus,’’ or a nation stitutional amendments can be initi- I began to challenge the intelligence ‘‘under no god,’’ because none of these pro- ated by this body, then I have the confessions can be neutral with respect to reli- reports and documents and evidence we fidence to know that the constitutional were getting, and I was able to get be- gion,’’ Judged Alfred T. Goodwin wrote for the three-judge panel. system will work under this time-test- fore the committee—even though I am ed document. not a member—and ask some ques- I wonder what Scott Speicher would I thank the Senator from New Hamp- tions, and then, subsequently, all this have to say about that. Unbelievable. shire for bringing that to our atten- information began to come out. It is I sponsored, in 1999, at the request of tion. amazing. a constituent of mine, legislation to re- Mr. President, I know of no further We know the Iraqis do hold prisoners. quire the Senate—which ironically was debate on the Scott Speicher amend- They released an Iranian pilot in 1998 not doing it—to cite the Pledge of Alle- ment. I ask the Presiding Officer to put who had been held for 18 years. So it is giance before convening every day. the question. not unprecedented. I hope sincerely Until 1999, we never recited the Pledge The PRESIDING OFFICER. The Sen- that we will move forward. I think the of Allegiance. A constituent was ator from Nevada.

VerDate jun 06 2002 04:38 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.076 pfrm15 PsN: S26PT1 B020 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 67 Date— SENATE Filed: 05/05/2010 Entry ID:S6089 5443428 Committees on Armed Services of the Senate just the first of many—to call to the hopes will be the next step that this and House of Representatives of— attention of the Senate, and indeed to particular controversy might take? ‘‘(A) an exercise of authority under para- call to the attention of the courts, that Mr. NELSON of Florida. Indeed, graph (2)(A) of subsection (a) to reduce the 3- I think there is substantial legal jus- year minimum period of required service on under our constitutional system—that active duty in a grade in the case of an offi- tification. There is a huge difference is part of what I wanted to point out, cer to whom such paragraph applies before between separation of church and and I pointed out to the Senate earlier the officer is retired in such grade under state—which we all support—and the today—we have a mechanism of checks such subsection without having satisfied separation of the state and of God. and balances. The check and balance that 3-year service requirement; and There is a huge difference. here is the right of appeal from this ‘‘(B) an exercise of authority under para- The opening ceremony of the U.S. court of appeals in San Francisco to graph (5) of subsection (d) to reduce the 3- Senate each morning that we go into the U.S. Supreme Court. year minimum period of service in grade re- session is a very solemn occasion. quired under paragraph (3)(A) of such sub- I have the confidence that the Su- Overlooking this Chamber are the preme Court’s nine Justices rep- section in the case of an officer to whom words inscribed in gold, above the mid- such paragraph applies before the officer is resenting the entire Nation would un- credited with satisfactory service in such dle entrance into this Chamber, above derstand the difference between separa- grade under subsection (d) without having the two stately columns—inscribed in tion of church and state as being the satisfied that 3-year service requirement. gold: ‘‘In God We Trust.’’ difference between the separation of The opening ceremony, for those who ‘‘(2) The requirement for a notification the state and God. under paragraph (1) is satisfied in the case of have not participated in it, is a most an officer to whom subsection (c) applies if solemn occasion about which the histo- As I was saying, the dignity of this the notification is included in the certifi- rian of this Chamber, one of our own, institution is started off each day cation submitted with respect to such officer the distinguished senior Senator from under the watchful words inscribed in under paragraph (1) of such subsection. gold above the center door, ‘‘In God We ‘‘(3) The notification requirement under West Virginia—who has been in Con- gress, if not over a half a century, cer- Trust,’’ with an opening ceremony in paragraph (1) does not apply to an officer which the position of the Chaplain is being retired in the grade of lieutenant colo- tainly close to it, Senator BYRD—has nel or colonel or, in the case of the Navy, taken it upon himself to educate the actually elevated above the Presiding commander or captain.’’. freshman Senators as to the dignity, Officer until the Chaplain delivers the The PRESIDING OFFICER. The the decorum, and the solemnity of the opening prayer which opens the busi- question is on agreeing to the amend- opening ceremony. ness of the Senate. ment of the Senator from Mississippi. When the opening bells ring and Furthermore, I point out to our col- The amendment (No. 4111) was agreed those two doors to the left of the ros- leagues that as part of our constitu- to. trum open, in walks the Presiding Offi- tional heritage—including the Con- Mr. ALLARD. I move to reconsider cer accompanied by the Senate Chap- stitution—one of the most important the vote. lain or the especially designated Chap- documents in our governmental ar- Mr. LEVIN. I move to lay that mo- lain for the day. chives is the Declaration of Independ- tion on the table. As the Presiding Officer walks in and ence. I call to the attention of the Sen- I suggest the absence of a quorum. starts to mount the rostrum, the Pre- ate the words of the second paragraph: The PRESIDING OFFICER. The siding Officer steps up three of the four We hold these truths to be self-evident, clerk will call the roll. steps but does not ascend on the fourth that men are created equal, that they are en- The assistant legislative clerk pro- step, which is the level of the Presiding dowed by their Creator with certain inalien- ceeded to call the roll. Officer’s desk and chair. Rather, the able Rights, that among these are Life, Lib- Mr. LEVIN. Mr. President, I ask Presiding Officer remains on the third erty and the pursuit of Happiness. unanimous consent the proceedings step as the Chaplain ascends to the Then I point out that there are simi- under the quorum call be rescinded. higher level, the level of the rostrum. lar words at the end of the Declaration: The PRESIDING OFFICER. Without This is the symbolic act. It is a symbolic act of raising the dignity of the And for the support of this Declaration, objection, it is so ordered. with a firm reliance on the protection of di- Mr. LEVIN. I ask unanimous consent position of the Chaplain of the Senate, vine Providence, we mutually pledge to each Senator NELSON be recognized as in or the designated Chaplain of the Sen- other our Lives, our Fortunes and our sacred morning business and that we then re- ate for the day, recognizing and ele- Honor. turn immediately to the pending vating the deity, or the representative I have the confidence to know that amendment. of divine providence to that position. when there is a judicial opinion that I The PRESIDING OFFICER. Without We do that each day in the Senate. think so violates the national under- Mr. JOHNSON. Mr. President, will objection, it is so ordered. standing and national sense of the The Senator from Florida. the Senator yield for a question? proper perspective of a state and divine f Mr. NELSON of Florida. I am happy to yield to the distinguished Senator providence as opposed to the issue that THE PLEDGE from South Dakota. we all support, the separation of Mr. NELSON of Florida. Mr. Presi- Mr. JOHNSON. I share the shock and church and state so that anyone can dent, a few minutes ago, late-breaking dismay expressed by my colleague, my worship as they wish if at all, then I news was called to our attention. As a friend from Florida, over the ruling of think that distinction needs to be matter of fact, it was while we were de- the Ninth Circuit Court relative to the clearly made as well as it needs to be bating the Scott Speicher amendment, Pledge of Allegiance in our schools. reminded of all of the historical signifi- which was adopted unanimously on Without having read the decision, cance of our reliance upon divine provi- this Defense authorization bill. Sadly, I other than what has been released dence that is a part of the very fabric have confirmed that that news is accu- within the hour through the media, it of this Nation, of this Government, and rate. A Reuters statement says: would appear that ruling of the three- of the documents upon which this Gov- ernment was founded. A Federal appeals court found the U.S. judge panel of the Ninth Circuit—the Pledge of Allegiance unconstitutional on Senator will concur that this is only I see the great Senator from Con- Wednesday, saying it was illegal to ask U.S. one of our appellate circuits—applies necticut standing and I am anxious to schoolchildren to vow fealty to one Nation only to the States of that circuit. hear what he has to say. Should all else under God. Certainly, it would be my hope that fail, even in a judicial interpretation, The Ninth Circuit Court of Appeals this matter would be appealed to the there is another check and balance in San Francisco overturned a 1954 act U.S. Supreme Court, and that the Su- given to us by this document; that is, of Congress that added ‘‘under God’’ to preme Court would not accept this de- the will of this Nation can be expressed the pledge, saying the words violated cision and, hopefully, in my view, over- by the amending or an addition to this the basic constitutional tenet of sepa- rule the Ninth Circuit Court of Ap- document, the Constitution. We can ration of church and state. peals. start right here in this legislative body It is with a heavy heart that I would Is that the progression of events that by the process of adding to the Con- have to take the floor—I imagine I am my friend and colleague from Florida stitution, amending the Constitution

VerDate jun 06 2002 04:38 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.047 pfrm15 PsN: S26PT1 B021 Case:S6090 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 68 Date— SENATE Filed: 05/05/2010 EntryJune ID: 26, 5443428 2002 by the legislative branch’s initiative of endowed by their Creator with certain served in World War I as a doctor in proposing a constitutional amendment. unalienable Rights, that among these are the trenches. He was wounded and I have great confidence in the sys- Life, Liberty and the pursuit of Happiness. highly decorated. And he carried, in his tem—that this judicial decision by the So that the premise of the rights tunic, throughout every hour of the Ninth Circuit Court of Appeals is not that have distinguished America for day, his prayer book which his mother going to stand. the 226 years since, that were embraced had given him. And he noted in it every I yield the floor. in the Constitution as an expression of single battle and engagement he was in The PRESIDING OFFICER (Mrs. the declaration, all come from God, not which he tended to the sick and the CLINTON). The Senator from Con- from the Framers and the Founders, as wounded and those who died. necticut is recognized. gifted as they were, not from the phi- Mr. LIEBERMAN. I appreciate my Mr. LIEBERMAN. I thank the Chair. losophers of the enlightenment who af- friend from Virginia sharing that mov- Madam President, I rise to join my fected their judgments, but were the ing story. friend and colleague from Florida, Sen- endowment of our Creator. I will conclude in a moment because ator NELSON, in expressing dismay, And that judgment has framed our I know—— outrage, and amazement at the news history in two ways. It has been the Mr. REID. Will the Senator yield for today of the decision by the Ninth Cir- basis of our rights because it is from a question? cuit Court declaring the recitation of our shared belief in God, and the foun- Mr. LIEBERMAN. Of course I will the Pledge of Allegiance unconstitu- dation place it has in our system of yield to my friend from Nevada. tional. government, as stated right here in the Mr. REID. I know the Senator from I say to my friends from Florida and first statement of the first Americans, Connecticut had a distinguished legal friends in the Chamber, when my staff the Declaration of Independence, that career prior to coming here. I believe members told me this, I, frankly, we are all children of the same God. the Senator was attorney general of thought they were joking. This is a de- That means we all have the rights. the State of Connecticut; is that right? cision that offends our national moral- It also has meant that we feel a deep Mr. LIEBERMAN. That is correct. ity, that rejects the most universally sense of unity with one another. I re- Mr. REID. I practiced law many shared values of our country, that di- member, after the terrible events of years prior to coming back here and minishes our unity, and that attempts September 11, how struck I was by the tried lots and lots of cases. We had a to undercut our strength at a time classically American reaction that not rule that when a judge ruled contrary after September 11 when we need the only at that moment when we were so to the interests of your client, you strength, unity, and our shared belief shaken by the horror of inhumanity of were not to comment on the judge. in God which has historically brought what had happened did we go to our I say to my friend, I am not con- the American people together, and does houses of worship to ask for strength strained in this instance. I can say so today. and purpose and comfort, we went to anything I want about the judge who There may have been a more sense- each other’s houses of worship—that is wrote that opinion. And I say to my less, ridiculous decision issued by a the American way—and gained friend from Connecticut, that judge, court somewhere at some time, but I strength and purpose from it. who is no youngster, was appointed. He Mr. WARNER. Madam President, will have never heard of it. I find the deci- graduated from law school in 1951 and the Senator yield? was appointed by President Nixon to be sion by this court hard to believe. We are privileged to serve on the a member of the Ninth Circuit Court of I remember a day, I say to my Armed Services Committee. Appeals. friends, a decade or so ago when the When I first heard of this, I thought I say to my friend, it is things like Supreme Court issued a ruling saying to myself about the hundreds and hun- that that take away from what I think that it was unconstitutional for a cler- dreds and hundreds of thousands of is a great institution; that is, the peo- gymen—in that case, it was a Rabbi— men and women who have worn the ple who serve in the bar of the United to give an invocation at a high school uniform of our country and have gone States, lawyers. graduation in Rhode Island. I couldn’t beyond our shores to fight for freedom. This is just so meaningless, so sense- believe that decision. In some sense All of them were proud to stand in less, so illogical. I cannot imagine that this decision is its progeny. It offends their schoolhouses and on their mili- a judge, who has graduated and been a the very basis of our rights as Ameri- tary bases, or whatever the case may lawyer for 50 years, more than 50 cans. be, and pledge allegiance to the flag of years—does the Senator from Con- My friend from Florida read from the the United States of America. Declaration of Independence. Accord- Madam President, I join my friends necticut have any idea how, logically, ing to their decision of the Ninth Cir- in expressing our grave concern over you could come up with an opinion cuit Court, the reading of the Declara- this opinion. such as this? I read the highlights of tion of Independence is unconstitu- Mr. LIEBERMAN. I thank my friend the opinion. It is, for me, illogical, ir- tional. from Virginia. rational. Can the Senator figure any If that isn’t turning logic and moral- I want to say a few words more. rationality to this opinion? ity on its head, I do not know what is, One is that your statement reminds Mr. LIEBERMAN. I thank my friend because the paragraph is the first me, my dad served in World War II. My from Nevada. statement by the Founders of our inde- dad passed away 18 years ago. One of In my opinion, having seen a precis pendence and the first declaration of the treasured possessions of his that I of the decision, it offends all logic. The the basis for our rights that have so have is a small Bible that he was given facts of the circumstances are that stu- distinguished our history in the 226 with a written statement in it from dents, by previous court decisions, are years since. President Roosevelt. All who served in allowed, if they are offended by a part First paragraph: defense of our liberty in World War II of the pledge that says we are ‘‘one na- When in the Course of human events . . . got similar Bibles—and to carry it with tion under God,’’ to not say the pledge and to assume among the powers of Earth, them as a source of strength. or, in fact, to leave the room. the separate and equal station to which the It has been my honor, each time I Secondly, this decision is the most Laws of Nature and Nature’s God entitle have been sworn in as a Senator up extreme and ridiculous expression of them. there, to put my hand on that Bible. It what I take to be a fundamental mis- Right there is the basis of the asser- meant a lot to me personally. understanding of the religion clauses of tion of independence—the rights that But under the twisted logic of this the Constitution, which, to me, prom- we have under ‘‘the Laws of Nature and decision, it was unconstitutional for ised—if you will allow me to put it this Nature’s God.’’ the U.S. military, the Pentagon, to way—freedom of religion, not freedom And then the second paragraph, fa- give my dad, and the generations of from religion. They protect the Amer- mous to every schoolchild and Amer- others since him, a Bible as a source of ican people against the establishment ican citizen: strength. of an official religion but have always, We hold these truths to be self-evident, Mr. WARNER. Madam President, I in the best of times, acknowledged the that all men are created equal, that they are have to say to my friend, my father reality that our very rights, our very

VerDate jun 06 2002 04:00 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.094 pfrm15 PsN: S26PT1 B022 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 69 Date— SENATE Filed: 05/05/2010 Entry ID:S6091 5443428 existence comes from an acknowledg- thing positive that comes out of it, it I say, God forbid, it is not overturned, ment of the authority and goodness of will unify this most religious and toler- then we will join to amend the Con- Almighty God, and that people of faith, ant of people. stitution to make clear that in this one throughout the 226 years since then, in We have found a way in this country, Nation of ours—because we are one Na- our history, are the ones who repeat- that is unique in world history, to ex- tion under God—we are one Nation be- edly have led movements that have press our shared faith in God, and to do cause of our faith in God, that the made the ideals of the Declaration and so in a way that has not excluded any- American people, children, forever for- the Constitution real—the abolition- one. I was privileged to benefit from ward will be able to stand and recite ists, the suffragettes, all those who that and feel that in a most personal the pledge. worked, beginning in the 19th century, and validating and inspiring way in the Mr. NELSON of Florida. Will the and then in the 20th century, on social election of 2000. Senator yield? welfare, child labor legislation, and, of So I thank the Senator from Nevada Mr. REID. If my two friends would course, the civil rights movement of and the Senator from Virginia. I thank allow me to propound a unanimous the 20th century. the Senator from Florida for initiating consent request, we waited for 2 days So I do not see any logic. In fact, I this discussion. I agree with him, this to do this. As soon as I complete this, think this decision offends logic. It will decision will be appealed. I hope and the Senator from Connecticut will re- outrage the public. And if there is any- trust it will be overturned. But if, may gain the floor.

N O T I C E Incomplete record of Senate proceedings. Except for concluding business which follows, today’s Senate proceedings will be continued in the next issue of the Record.

ORDERS FOR THURSDAY, JUNE 27, There being no objection, the Senate, JOSE F. H. ATANGAN, 0512 JEFFREY S. BEST, 9459 2002 at 9:34 p.m., adjourned until Thursday, LAWRENCE J. GORDON, 6547 June 27, 2002, at 9:30 a.m. FREDRICK M. TETTELBACH II, 5746 Mr. REID. Mr. President, I ask unan- ZDENKA S. WILLIS, 7071 imous consent that when the Senate f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT completes its business tonight, it ad- TO THE GRADE INDICATED IN THE UNITED STATES NAVY NOMINATIONS journ until 9:30 a.m. tomorrow, Thurs- UNDER TITLE 10, U.S.C., SECTION 624: day, June 27; that following the prayer Executive nominations received by To be captain and the pledge, the Journal of pro- the Senate June 26, 2002: ROBERT J. FORD, 8895 KIRK N. HARNESS, 0658 ceedings be approved to date, the THE JUDICIARY WILLIAM E. LEIGHER, 0427 morning hour be deemed to have ex- RICHARD A. GRIFFIN, OF MICHIGAN, TO BE UNITED BOB R. NICHOLSON, 8972 pired, the time for the two leaders be STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT, VICE SCOTT A. STEPHENSON, 9158 DAMON J. KEITH, RETIRED. PAUL W. THRASHER, 2201 reserved for their use later in the day, DANIEL L. HOVLAND, OF NORTH DAKOTA, TO BE EDWIN F. WILLIAMSON, 9604 and the Senate be in a period of morn- UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NORTH DAKOTA, VICE PATRICK A. CONMY, RETIRED. TO THE GRADE INDICATED IN THE UNITED STATES NAVY ing business until 10:30 a.m., with Sen- THOMAS W. PHILLIPS, OF TENNESSEE, TO BE UNITED UNDER TITLE 10, U.S.C., SECTION 624: ators permitted to speak for up to 10 STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF TENNESSEE, VICE JAMES H. JARVIS II, RETIRED. To be captain minutes each, with the first half of the LINDA R. READE, OF IOWA, TO BE UNITED STATES DIS- time under the control of the Repub- TRICT JUDGE FOR THE NORTHERN DISTRICT OF IOWA, DAVID A. BELTON, 8941 VICE MICHAEL J. MELLOY, ELEVATED. HERBERT R. DUFF, 0303 lican leader or his designee, and the JOHN G. FAHLING, 5079 IN THE NAVY MICHAEL L. FAIR, 9248 second half of the time under the con- ROBERT J. FIEGL JR., 5099 trol of the majority leader or his des- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FRANK W. NICHOLS, 5300 TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM PAPPAS, 9762 ignee; that at 10:30 a.m. the Senate re- UNDER TITLE 10, U.S.C., SECTION 624: JAMES A. THOMPSON JR., 5830 sume consideration of the Department To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT of Defense authorization bill and vote ROXIE T. MERRITT, 6309 TO THE GRADE INDICATED IN THE UNITED STATES NAVY on cloture on the bill; and, further, THOMAS P. VANLEUNEN JR., 4835 UNDER TITLE 10, U.S.C., SECTION 624: Senators have until 10 a.m. tomorrow JACQUELINE C. YOST, 3025 To be commander to file second-degree amendments to THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY A. BENDER, 6645 the bill. TO THE GRADE INDICATED IN THE UNITED STATES NAVY EDGAR D. BUCLATIN, 6092 UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER A. DOUR, 3043 The PRESIDING OFFICER. Without To be captain DONALD A. SEWELL, 4411 objection, it is so ordered. JOHN M. WALLACH, 8692 TRECI D. DIMAS, 7555 DAVID E. WERNER, 1804 f LEYDA J. HILERA, 2823 RITA L. JOHNSTON, 7944 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RECITATION OF THE PLEDGE OF YOUNG O. KIM, 9058 TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: ALLEGIANCE DAVID G. SIMPSON, 8388 To be captain Mr. REID. Mr. President, Senators THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY ALEXANDER P BUTTERFIELD, 7006 are encouraged by both the majority UNDER TITLE 10, U.S.C., SECTION 624: THOMAS R CROMPTON JR., 4474 leader and the Republican leader to be To be captain MARTIN J DEWING, 9789 TIMOTHY L DUVALL, 0926 in the Senate Chamber promptly at 9:30 STEPHEN W. BARTLETT, 6293 JAMES V HARDY, 2680 following the prayer that will be given TELFORD G. BOYER II, 3475 NORMAN R HAYES, 0003 THOMAS F. GLASS, 5219 THOMAS P MEEK, 8051 by the Chaplain. They will recite the ANTHONY S. HANKINS, 2021 CRAIG W PRUDEN, 4536 Pledge of Allegiance, based upon what JAMES M. TUNG, 2755 DANIEL J SMITH, 9000 PETER F SMITH, 7692 occurred in the Ninth Circuit today, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ELIZABETH L TRAIN, 8546 TO THE GRADE INDICATED IN THE UNITED STATES NAVY which has been a disappointment to UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT the entire Senate. TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be captain UNDER TITLE 10, U.S.C., SECTION 624: f DAVID R. ARNOLD, 4337 To be captain ELLEN S. BRISTOW, 3006 ADJOURNMENT UNTIL 9:30 A.M. MAUREEN M. CAHILL, 1542 TERRY J BENEDICT, 6933 TOMORROW MARGARET R. W. REED, 6104 RICHARD D BERKEY, 0947 LORI F. TURLEY, 2788 ROBERT E CONNOLLY, 8463 Mr. REID. Mr. President, if there is JOHN C DAVIDSON, 8711 no further business to come before the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REID S DAVIS, 9324 TO THE GRADE INDICATED IN THE UNITED STATES NAVY ALBERT J GRECCO, 8409 Senate, I ask unanimous consent that UNDER TITLE 10, U.S.C., SECTION 624: JAMES G GREEN, 9634 the Senate stand in adjournment under To be captain JAMES R HUSS, 1251 DAVID C JOHNSON, 2667 the previous order. VICTOR G. ADDISON JR., 7166 STEPHEN D METZ, 4928

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, WEDNESDAY, JUNE 26, 2002 No. 87—Part II Senate NATIONAL DEFENSE AUTHORIZA- protect the United States and its citi- Our amendment will help monitor TION ACT FOR FISCAL YEAR 2003 zens. the situation at the Army by requiring (Continued) Mr. KERRY. Madam President, I them to keep track of small business would just like to take a moment to participation in their procurement, es- AMENDMENTS NOS. 4007 AND 4046 express my thanks to Senator LEVIN pecially at the local level. The amend- Mr. REED. Madam President, I rise and Senator WARNER for working with ment requires the Army to track any to reiterate my support for Senator me to clear this amendment in such a changes in the use of bundled con- LEVIN’s second-degree amendment. timely fashion. I think special thanks tracts, sometimes called consolidated Senator WARNER’s amendment directs should also go to Senator CARNAHAN, a that any savings from inflation should contracts, as a result of this new pro- member of both the Senate Committee curement agency, as well as track be used in one of two ways: for the re- on Small Business and Entrepreneur- search and development of missile de- small business access to procurement ship and the Senate Armed Services personnel. fense or for combating terrorism. How- Committee for her support of this ever, Senator WARNER’s amendment amendment. Senator CARNAHAN’s work Let me be clear. Removing con- does not choose which area is more was vital to this amendment’s accept- tracting authority from Army installa- worthy of attention, and therefore it ance by the Armed Services Com- tions and centralizing it will result in risks compromising both. mittee, and I thank her for her assist- less small business participation, but Our job in deciding the budget is ance as well as for her continuing in- steps can be taken to overcome this. about making hard choices. Senator terest and advocacy for America’s These steps must be proactive and rep- LEVIN’s amendment simply sets prior- small business Federal contractors. I resent a real commitment to maintain- ities and it states that combating ter- would also like to thank Senator BOND ing small business access to procure- rorism should be this administration’s for his help on the Republican side. ment opportunities. And while I do not top priority. Concern for our Nation’s Federal con- believe Congress should dictate every I do not think this is a difficult deci- tractors remains an important area of detail of how the Army chooses to sion. We must remember that this bipartisan interest on the Small Busi- structure itself for procurement pur- amendment only authorizes funding for ness and Entrepreneurship Committee, poses, Congress must be concerned fiscal year 2003. And in the next 18 and I am pleased to have his support on about the consequences of that struc- months, the citizens of the United this amendment. ture. States are going to be anxious, and Briefly, our amendment requires the even afraid, of a car bomb, an explosion Secretary of the Army to conduct a I look forward to working with the in a harbor, an explosion in a mall, a study on the impact the creation of an Secretary to ensure that an appro- dirty bomb, a biological attack. I think Army Contracting Agency will have on priate level of small business participa- the way to protect Americans is clear: small business participation in Army tion in Army procurement is main- put resources into counterterrorism. procurement, especially at the local tained. The senior Senator from Virginia has level where many small businesses pro- Once again, I would like to thank been assured by the Office of Manage- vide support services to Army installa- Senator BOND and Senator CARNAHAN ment and Budget that there will be tions. When we first received word of for their support on this issue, as well over $800 million in inflation savings at Secretary of the Army Thomas E. as Senator LEVIN and Senator WARNER the midsession review. At that time, White’s plan to consolidate army pro- for accepting this amendment. the President will have a choice. He curement activities into a central loca- Mr. WARNER. Madam President, I can invest $800 million more into a tion, I was very concerned about its am pleased that Chairman LEVIN and I missile defense program that has al- possible affects on small businesses. have been able to come to agreement ready been robustly funded at $6.8 bil- And despite briefings from Army per- on my amendment to restore $814 million or the President can invest the sonnel and assurances that small busi- funds in the $1 billion of counter- ness participation will not be nega- lion that the President can allocate to terrorism requirements that the mili- tively affected, I remain concerned as ballistic missile defense and to activi- tary has asked for and not received. do my colleagues. This is a critical ties of the Department of Defense to The Levin amendment expresses the time for our armed forces, and I do not counter terrorism and on Chairman views of Congress, and I believe the wish to cause any confusion in the pro- LEVIN’s second-degree amendment. views of the American people, that re- curement process that could affect our Prior to their approval, I would like sources directed toward the most im- military preparedness. Therefore, we to offer some clarifying remarks con- mediate need, the most immediate are taking a ‘‘wait and see’’ approach cerning the intent and effect of these threat, fighting terrorism, will best to the Army’s plan. two amendments.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate jun 06 2002 00:50 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.136 pfrm15 PsN: S26PT2 B024 Case:S6100 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 71 Date— SENATE Filed: 05/05/2010 EntryJune ID: 26, 5443428 2002 Armed Services Committee in a col- Ms. MIKULSKI. I thank the chair- of keeping America’s nuclear sub- loquy regarding the extending author- man for his support on this important marines at sea. ization of pilot programs for revital- issue. If the Secretary of Defense chooses to izing Department of Defense labora- Mr. SMITH of New Hampshire. examine facilities across the country, tories. I seek to clarify the congres- Madam President, I support the he may do so and I encourage his at- sional intent of Section 241 of the bill Hutchison-Bingaman amendment and tempts at streamlining DoD and en- before the Senate. am pleased to cosponsor it. hancing its financial practices—to Mr. LEVIN. Section 241 is part of the The purpose of my addressing the make sure the taxpayers get the most Senate’s continuing efforts to improve issue is two fold: One, to impress upon for their hard-earned dollars. However, the Department’s labs and test centers. my fellow Members that if Congress in- clearly defined standards of account- This pilot program expands and au- tends to have input into the BRAC ability, and the decisionmaking proc- thorizes a number of innovative busi- process, the only real time to do this is ess itself, should be open to congres- ness practice and personnel demonstra- during the current session. While sional scrutiny and openness. tions that are very important to devel- ‘‘BRAC 2005’’ leads people to believe f oping the technological superiority that we have several years before we NINTH CIRCUIT COURT OF that our military needs. The legisla- have to worry about this, the truth is APPEALS DECISION tion will extend the time period for the that the criteria must be published pilot program authority for three prior to the end of 2003, and hence we Mr. LIEBERMAN. Madam President, years. This extension is consistent should provide our input in 2002; two, I yield the floor to the Senator from with the Department of Defense’s legis- this legislation, sponsored by Senator Florida. The PRESIDING OFFICER. The Sen- lative proposals that the Armed Serv- KAY BAILEY HUTCHINSON sets up cri- ices Committee received. I would like teria that must be met before consider- ator from Florida. Mr. NELSON of Florida. Madam to thank Senator LANDRIEU, chair of ation in closing a military facility. We President, I wanted to ask this of my the Emerging Threats and Capabilities are not eliminating the ability of DoD friend from Connecticut, who I think Subcommittee, for taking the lead in to run the process, we are pursuing leg- has variously served in so many dif- developing this legislation. islation that will clarify the process. ferent role models to the Senate, var- Ms. MIKULSKI. The language stipu- To bring the process out into the open lates that not more than one partner- iously described as the Senator who is allowing us all to see how a decision the conscience of the Senate, certainly ship may be established as a limited li- was derived and these are decisions ability corporation, or LLC. Has that as a former attorney general of his that affects thousands of people and State, someone who understands the site been designated? cost many millions or billions of dol- Mr. LEVIN. If he choose to establish legal ramifications of arguments such lars. as this. an LLC as part of the program, the It is time to bring—businesslike com- Secretary of Defense will designate its In my earlier comments today, I had petitive accounting into the consider- said that I thought there was in law, location from among the DoD organiza- ation process when dealing with issues tions participating in the pilot pro- and the development of law, and the of BRAC. The Hutchison legislation development of the Constitution, which gram. will accomplish that by simply estab- Ms. MIKUKSKI. I understand that you and I both quoted from, the Dec- lishing some minimal, measurable, and the Aberdeen Test Center in Maryland laration, a clear distinction, as the dis- articulated standards to be used in has invested great effort into pursuing tinguished Senator has noted, of the making major decisions. Some of these this opportunity. I also note that the freedom of religion. And that part of issues are: environmental costs, costs Secretary of the Army has approved that body of law that would make up of Federal and State environmental Aberdeen’s LLC program as one of the that freedom, that religious freedom, compliance laws; costs and effects of new initiatives under the Army’s Busi- would be a freedom to worship as one relocating critical infrastructure; an- ness Initiative Council to improve effi- would want, if at all, and that that is ticipated savings vs. actual savings; ciency in business operations and proc- a right we jealously protect, just as we esses. current or potential public or private protect the other freedoms—freedom of Mr. LEVIN. I am familiar with the partnerships in support of Department speech, freedom of the press, freedom Aberdeen proposal and this legislation activities; capacity of State and local- of assembly, and so forth—and that could be used to implement their plans, ities to respond positively to economic, when you look at this freedom, there is if the Secretary of Defense designates and this bill requires the SecDef to a distinct difference, as the case law it. publish the formula to which different has developed, of the separation of Ms. MIKULSKI. How will the mem- criteria will be weighed by the DOD in church and state which would embody bership from the private and academic making its recommendations for clo- that idea that we don’t cram religion sectors be determined? sure of realignment of military instal- down anybody’s throat, that we leave Mr. LEVIN. A competitive process lations. it up to them individually to express will be used to select participants in Not only do I support this move on their own beliefs, if they want to at all, any of the partnerships established by its stand alone merit of bringing ac- and to believe as they want to, if at all. the legislation. countability and transparency to That is the concept of separation of Ms. MIKULSKI. The legislative lan- major defense and economic decisions, church and state, as distinguished from guage permits the members of the LLC I also support it as a Senator who has there not being necessarily a separa- to ‘‘contribute funds to the corpora- had personal experience with the secre- tion of the state and of God. tion, accept contribution of funds for tive BRAC process as it affects my own Quite to the contrary, on these his- the corporation, and provide materials, constituents and friends. torical documents, as I pointed out in services, and use of facilities for re- The Portsmouth Naval Shipyard is a that statement above the center door, search, technology, and infrastructure national asset to the defense industry in the fact that we elevate the Chap- of the corporation,’’ if doing so will im- and naval service. It has a long history lain in the opening prayer, in the very prove the efficiency of the performance of supporting the U.S. Navy, yet de- formal and dignified opening cere- of research, test, and evaluation func- spite this long history, it has appeared monies of the Senate, that the Chap- tions of the Department of Defense. on the DoD BRAC his list. Having seen lain is elevated on the top level and the Mr. LEVIN. Yes, you are correct. The the work this facility and its people Presiding Officer, while the Chaplain committee believes that innovative contribute I will continue to support offers the prayer, is on a lower level, partnerships, better business practices, and work to enhance PNSY’s capabili- the fact that we have minted in our and the continuation and expansion of ties. Its outstanding work perform- coins, ‘‘In God we trust.’’ the innovative personnel demonstra- ance, value to the Navy, and value to I would ask the distinguished Sen- tions authorized in this and other pro- the America people are critical in en- ator from the great State of Con- grams are all important for the revital- suring national defense, and continue necticut if he would share with us his ization of the Department’s labs and to examine innovative roles PNSY can commentary about that separation of test centers. perform in addition to its critical job those two concepts.

VerDate jun 06 2002 23:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.052 pfrm15 PsN: S26PT2 B025 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 72 Date— SENATE Filed: 05/05/2010 Entry ID:S6101 5443428 Mr. LIEBERMAN. I thank my friend Mr. NELSON of Florida. Will the A final thought on Senator NELSON’s from Florida. Senator further yield? comments. This decision is so twisted. We have worked our way along a ju- Mr. LIEBERMAN. Yes, I will. We both referred to the Declaration of risprudential path that has taken us in Mr. NELSON of Florida. I would hope Independence. There it is stated that our time to a result that I believe was also, as he has accurately outlined the the rights we enjoy as Americans are totally unintended by the Framers of legal course of appeal, that there would the endowment of our Creator or are a the Constitution, by the writers of the be a rush to the judicial chambers to gift from God. So this court has inter- Declaration of Independence, by the stay that ruling, as it applies to the preted the rights that we have to mean drafters of the Bill of Rights particu- Ninth Circuit, because under existing that we cannot join to pledge our alle- larly. This decision today is the most law that would mean people could not giance to the one nation under God, extreme and senseless expression of it. pledge allegiance anywhere in that cir- whose endowment was the source of We believe in the separation of cuit, which includes the great State of the rights. It is just a twisted piece of church and state. We believe in free- California, and others in the imme- logic that is offensive to our values dom of religion. We believe in every in- diate vicinity. I would certainly hope and, I believe, also to our minds. dividual’s freedom to observe and wor- there would be a stay of that ruling I thank my colleagues. I am de- ship as he or she is moved in his or her until it would come up to the U.S. Su- lighted to see my friend and colleague heart to do so. We have always re- preme Court so that they could render from Nevada. I yield the floor to him at spected nonbelievers. But we have their decision. this time. asked that the great majority of Amer- Then, as the Senator says, God forbid The PRESIDING OFFICER. The Sen- icans who may approach the altar from that they should rule that it were con- ator from Nevada is recognized. different paths, nonetheless worship stitutional; then we could start our Mr. ENSIGN. Madam President, I the same God, that we not be deprived process here of adding to the Constitu- thank my colleagues for coming to the of our rights to do so, and to do so in tion that would allow that. floor so quickly to respond to what I a public context that does not diminish I just want to associate my thoughts believe to be an outrageous judicial de- the rights of any one of us but enlarges with those articulated so eloquently by cision by the Ninth Circuit Court of and strengthens the rights of the the Senator from Connecticut, who Appeals. whole. That has been the gift of this comes from a different faith perspec- Let me read from the Declaration of country. tive than mine but with whom we are Independence: I heard it once described, I read it joined in the historical development of We hold these truths to be self-evident, once described by someone, as Amer- this Nation to which, as he pointed out, that all men are created equal, that they are ica’s civic religion, nondenomina- so many people fled from a country of endowed by their Creator with certain tional, deistic, God centered, inclusive, established religion, and, indeed, even unalienable rights. and tolerant. There is a great book documented in the Mayflower Com- The fact that our Founders referred that had a profound effect on me, writ- pact, and then memorialized in the to a Creator means that they under- ten by Father Neuhaus, which was Declaration of Independence, that stood that we were a Nation founded called ‘‘The Naked Public Square.’’ It there was something different about under God. commented on some of the earlier gen- In the judicial decision, which I have eration of decisions that had put the this country. It was not going to have a state-sponsored religion; rather, it with me—Mr. Newdow’s daughter was expressions of this civic religion, this the subject of this decision—it says: shared faith in God, out of our public was going to be an enclave, an oasis, a place to which people of all faiths Mr. Newdow does not allege that his places and said we would suffer from daughter’s teacher or the school district re- that because the vacuum doesn’t re- could come, and those with no faith, and within the protection of the laws quires his daughter to participate in reciting main for long; other forces, less hu- the Pledge of Allegiance. Rather, he claims mane, less moral, less unifying, tend to they could believe and express their be- that his daughter is injured when she is com- fill the public square. liefs as they so chose. pelled to ‘‘watch and listen’’ as her state-em- I always believed this pledge, with As a result, we have this wonderful, ployed teacher and her state-run school leads this simple statement that was added and sometimes messy, experience of de- her classmates in a ritual proclaiming that under President Eisenhower, that we mocracy. Sometimes we make mis- there is a God and that ours is ‘‘one nation pledge our loyalty to this one Nation takes, but we have the ability under under God.’’ under God, was beyond question, be- this document to correct those mis- It goes on further to say in a footnote yond rebuke. It is the baseline, most takes, because of all the checks and that: accessible statement of the source of balances that are inherent within this Compelling the students to recite the this country’s values and strengths. document. pledge was held to be a first amendment vio- To my way of thinking, it obviously So I appreciate very much the Sen- lation in the West Virginia Board of Edu- in no way compromises the most im- ator’s comments. They will mean a lot cation v. Barnette in 1943. portant freedom of religion, which is to the rest of us. That has been clear. They were not the most important aspect of the reli- Mr. LIEBERMAN. I thank my friend alleging that she was forced to recite gion clause—the freedom of religion. It from Florida very much for his leader- the pledge; she was just injured for doesn’t compromise any single Ameri- ship and eloquence. I will yield to the having to sit there and listen to the can’s ability to worship God or not to Senator from Nevada in a moment. Pledge of Allegiance. worship God as they choose. It cer- Mr. WARNER. Before the Senator I think that our courts are com- tainly does not establish religion in the yields the floor, I would like to asso- pletely out of control. If we study the sense that the Framers clearly in- ciate myself with this colloquy, before history of our country, the founding tended because they came from a coun- we close this extraordinary chapter of principles of our country, we read try that had an official religion and Senate history. about the proceedings of the Conti- discriminated against them because of I say to my colleagues, let us not nental Congress. We read that our their religion. In this sense, the Amer- wait for the Supreme Court to act. Founders would actually stop in the ican people have not lost their way. I Why don’t we go ahead and formulate middle of a session when they would be think a lot of our judges have in their this amendment, put it together, have in a logjam, and that they would get decisions. This one is so far out, so of- it in place, presumably with all 100 down on their knees right by their fensive, that I hope it draws a reaction U.S. Senators, and they can take judi- desks and pray together—pray for di- that is unifying and constructive. cial cognizance of what is about to hap- vine guidance for the decisions they Again, I say to my friend from Flor- pen. I think that might not be a bad were about to make. ida, my expectation is that this deci- idea. The Senators have initiated it, so Does anybody really believe that our sion will be appealed. My hope is that let us join and we will start the re- Founders, when they were drafting the the Supreme Court will overturn this cruiting today. Bill of Rights and the first amendment, decision. If they do not, then we will Mr. LIEBERMAN. I accept the chal- where it says that ‘‘Congress shall all join as one, I would guess, to offer lenge and the opportunity. We will make no law,’’ forbidding the establish- a constitutional amendment. work on that together. ment of a state-run religion, that this

VerDate jun 06 2002 23:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.098 pfrm15 PsN: S26PT2 B026 Case:S6102 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 73 Date— SENATE Filed: 05/05/2010 EntryJune ID: 26, 5443428 2002 Ninth Circuit Court decision is what them. We have chaplains in our mili- not unprecedented; we have done it be- they meant? No, our founding fathers tary to counsel people because we rec- fore. explicitly ensured the free exercise of ognize that during times of battle and I hope overwhelming support will be religion. Do we think that the Found- war, people need spiritual guidance, demonstrated on both sides of the ers believed that a Pledge of Allegiance not to establish a religion, but to un- aisle. I hope we can do this quickly. I saying that our Nation is ‘‘under God,’’ derstand that we have a Creator who think we need to send a clear message or that we see up here ‘‘in God we has blessed this country and that we that the Congress disagrees, the Con- trust,’’ or that we see on our money need His guidance. gress is going to intervene, the Con- ‘‘in God we trust,’’ that was a State-es- In conclusion, Madam President, I gress is going to do all it can to live up tablished religion? believe this country needs to reestab- to the expectations of the American The beautiful thing about our Cre- lish that we are one nation under God. people. ator is that he gave us the freedom to Madam President, you experienced We have been drawn together to face worship him or not. In America, we that in New York City on September a tremendous tragedy in the last 9 have the freedom to worship or not, ac- 11. We saw the people of your state and months. In part, that healing process cording to what our conscience tells us. the rest of the people in the United has come by our belief in the Supreme But to somehow say that having a States turn to God for guidance. We Being and our belief in the faith that child listen to the Pledge of Allegiance saw posters everywhere: ‘‘One nation comes in the strength that we draw is establishing a religion and impeding under God,’’ ‘‘United we stand, under from our faith. on an individuals free exercise of reli- God.’’ I hope our colleagues will support the gion, is outrageous. resolution. I hope we can address it Let me read from part of the dis- This country recognizes its history, within the next few minutes. I yield senting opinion of the circuit, accord- and because we have been established ing to Judge Fernandez: under God, and remain under God, we the floor. The PRESIDING OFFICER. The Sen- Such phrases as ‘‘in God we trust’’ or have been blessed. If we abandon that ‘‘under God’’ have no tendency to establish a now and allow the courts to abandon ator from Virginia. religion in this country, or to suppress any- that, I believe this country will be in Mr. WARNER. Madam President, I one’s exercise or non-exercise of religion, ex- trouble. We simply cannot allow that commend our distinguished leader, and cept in the fevered eye of persons who most to happen. the Republican leader will soon come fervently would like to drive all tincture of Madam President, I yield the floor. to the floor and join him on this mat- religion out of public life or our polity. The PRESIDING OFFICER. The ma- ter. We had a marvelous little debate Those expressions have not caused any real jority leader. here. The distinguished Senator from harm of that sort over the years since 1791, Connecticut, the distinguished Senator and are not likely to do so in the future. Mr. DASCHLE. Madam President, I wanted to come to the floor to share from Florida, my distinguished col- I think it is up to this body to take with our colleagues my intent to bring league from Nevada, and I suggested it upon itself to correct what the Ninth a resolution to the floor this afternoon that this body take action and take it Circuit has done. I agree with the sen- expressing our strong disagreement fast. And here we are, ready to act. ior Senator from Virginia that we need with the decision the Senator from Ne- I respectfully and humbly ask that to reestablish in this country what this vada has just addressed. my name be added as a cosponsor be- document—the Constitution of the I will soon propound a unanimous hind my colleague from Connecticut United States—really says and really consent request to bring the resolution and my colleague from Florida, wher- was about. Part of that is studying the ever they might be on the roster, and history of the founding of this country. to the floor and to have a rollcall vote What did the Founders intend when and then to allow Senators to express those rallying to the cause. they wrote this document? Based on themselves once the vote has been cast. The PRESIDING OFFICER. The ma- their practices, they did not want the Just as soon as we can get agreement jority leader. state to say this is how you will prac- to set the time—I would like to do it Mr. DASCHLE. Madam President, I tice a religion. The Baptists are not within the next 15 or 20 minutes, if we simply wish to respond to the Senator going to be our official religion, nor can reach an agreement with the man- from Virginia and thank him for his the Methodists, who came from Eu- agers of the bill. kind words and tell him I will be happy rope, where they had an official state Madam President, I have not had the to add his name as a cosponsor to the religion. They, our Founders, wanted opportunity to hear all of what the resolution. the free exercise to practice their reli- Senator from Nevada said, but this de- I yield the floor. gion, not according to how the state cision is nuts. This decision is just The PRESIDING OFFICER. The Sen- dictated, but to recognize that individ- nuts. We ought to recognize that there ator from North Dakota. uals have rights given by our Creator are those who differ with the over- Mr. DORGAN. Madam President, I to worship as they, as individuals, see whelming sentiment expressed by have listened with some interest to fit, as they were given by our Creator. Americans of all stripes, of all regions what has been discussed on the floor To say that these Founders would have of the country, young and old. with respect to the Ninth Circuit Court somehow said that it would be against We added the language, ‘‘under God’’ opinion. I have great respect for courts the Constitution they were writing to in 1954. Then-President Dwight Eisen- in this country, but it raises the ques- recognize the rights given to an indi- hower said: tion: Is there one ounce of common vidual by the Creator is outrageous. In this way, we are reaffirming the tran- sense left when you hear a decision an- So I hope that all Americans will be scendence of religious faith in America’s her- nounced today that suggests that the as outraged as I am by this decision. I itage and future; in this way, we shall con- Pledge of Allegiance somehow is in think they are going to be. I was on an stantly strengthen those spiritual weapons contravention to the principles of the aircraft carrier this last weekend talk- which forever will be our country’s most Constitution of the United States? powerful resource in peace and war. ing to a lot of the sailors that sacrifice I do not understand for a moment so much for this country. It was during I agree with President Eisenhower. I how a majority of that court could the middle of a training session on the agree with the overwhelming number have made this ruling. Some people U.S.S. Constellation that I was visiting of people who have already expressed need their collective heads examined with them. Like we in Congress do, themselves in the hours since this deci- when we hear opinions such as this. they take an oath to defend the Con- sion. We had a celebration on the 200th stitution. I would have liked to have The resolution we are propounding birthday of the writing of the Constitu- heard what their opinions would have this afternoon really will state two tion in that room in Philadelphia. been regarding this judicial decision. things: First, our strong disagreement Fifty-five people went back to that As my father taught me when I was a with the decision; and, second, it will celebration. I was selected to be 1 of young man, there are no atheists in authorize the legal counsel of the Sen- the 55. Two hundred years before, 55 foxholes. ate to intervene on behalf of the Sen- white men were in that room in the hot Any time our young men and women ate in the Supreme Court when the summer of Philadelphia, and they go in to battle, God is there to comfort case comes before the Court. This is wrote the Constitution. Two hundred

VerDate jun 06 2002 23:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.100 pfrm15 PsN: S26PT2 B027 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 74 Date— SENATE Filed: 05/05/2010 Entry ID:S6103 5443428 years later, 55 of us went back—men, people that there are some people at on the currency and coin of the United women, minorities—and we had a cere- least who are able to read that Con- States. Some of the coins already bore mony and a celebration of the 200th stitution and read what it says and un- the inscription, but on that day, June birthday of the writing of that wonder- derstand what it says. 7, 1955, the House of Representatives, of ful document. I yield the floor. which I was a member, voted to make As my colleague from West Virginia, The PRESIDING OFFICER. The Sen- that the national motto and to have it I think the resident scholar on the ator from West Virginia. inscribed on the currency and the coin. Constitution, knows, in that room sits Mr. BYRD. Madam President, it Let that judge’s name ever come be- the chair where George Washington sat would be my suggestion that this judge fore this Senate while I am a Member, as he presided over the Constitutional go back and read the Declaration of and he will be blackballed—if Senators Convention, and Ben Franklin sat on Independence. I wonder if he can hold know what ‘‘blackballed’’ means—fast. one side, and Mason, and Madison. that Declaration to be unconstitu- I say the sooner we can pass a resolu- They debated during that summer the tional—the Declaration of Independ- tion—and I want my name to be third provisions of a constitution for this ence. because I am the only Member of Con- country. This is what it says: gress—let him who would challenge I sat in that room that day and When in the course of human events, it be- that stand—in either body today who thought to myself: What a remarkable comes necessary for one people to dissolve was in Congress on the day we voted to thing it was for a man from a town of the political bands which have connected include the words ‘‘under God’’ in the 300 people in a farming community in them with another, and to assume among the powers of the earth, the separate and Pledge of Allegiance. southwestern North Dakota to be able equal station to which the Laws of Nature That same judge ought to go back to sit in that room and celebrate with and of Nature’s God entitle them, a decent and read the Mayflower Compact. 54 of my colleagues the 200th birthday respect to the opinions of mankind requires Mr. REID. Will the Senator yield for of the writing of the Constitution. that they should declare the causes which a unanimous consent request? I do not know the Constitution as my impel them to the separation. Mr. BYRD. Yes. colleague, Senator BYRD, does. I have Let that judge read further, ‘‘We hold Mr. REID. Madam President, I ask read it many times and studied it as these truths to be self-evident, that all unanimous consent that when the reso- best I can, but I guarantee you, there is men are created equal, that they are lution is presented, Senator BYRD’s not any way to creatively read that endowed,’’—by whom?—‘‘by their Cre- name appear third following the two document that allows a court to say ator.’’ leaders. that somehow the Pledge of Allegiance It is in the Declaration of Independ- The PRESIDING OFFICER. Without abridges that document called the U.S. ence, ‘‘by their Creator with certain objection, it is so ordered. Constitution. unalienable Rights, that among these Mr. BYRD. Madam President, I As my colleague said, that is just are Life, Liberty and the pursuit of thank the distinguished Democratic plain nuts. I do not for the life of me Happiness.’’ whip. understand where common sense has Let that same judge go a little fur- That is all I have to say for now. I gone. Is there not a shred of common ther and read in this same Declaration hope the Senate will waste no time in sense left when we hear these kinds of of Independence, in case he has not throwing this back in the face of this decisions coming out of a court, in this read it lately, and let him declare it stupid judge. case the Ninth Circuit Court of Ap- unconstitutional, the reference to ‘‘the Think of the history of this country, peals? Supreme Judge of the World.’’ Who is the men and the women who have shed I am very pleased my colleague from this ‘‘Supreme Judge of the World?’’ their blood for this country. The men South Dakota, the majority leader, Certainly, not some atheist. Nor is it a who founded this country, who wrote will bring a resolution to the floor. I judge who sits on the Ninth Circuit and the Constitution in Philadelphia, will ask to be a cosponsor and to speak whose name is Goodwin. George Washington, James Madison, on that resolution. We ought to not The final words of the Declaration Benjamin Franklin—what would they waste a minute in saying to that court, state, ‘‘with a firm Reliance on the say if they were living today? in responding to that opinion that says Protection of divine Providence.’’ Let A country that was founded by men that is not what the Constitution says, atheists find something to bring before and women who believed in a higher it is not the way the Constitution is that judge in this Declaration of Inde- power—we do not all have to be Bap- written, and there is not any creative pendence. Let that atheist lawyer do tists, we do not all have to be Meth- way for a group of people to make that that. Let that judge sit in his black odists, we do not all have to be Chris- judgment. robe and address the court and the tians. But the people by and large who I am very pleased the Senate will Constitution and the people of the founded this country, who hewed the this afternoon apparently have a United States as to whether or not the forests, who dredged the rivers, who record vote to say: No; absolutely not; words I have quoted from the Declara- built the bridges and who created a there is not any way on Earth we can tion of Independence are unconstitu- country from sea to shining sea be- agree with what this court has deter- tional. lieved in a higher power. mined. Here are these words printed in the What is this country coming to? Madam President, I know the Sen- Declaration of Independence, ‘‘with a What is it coming to? ‘‘Blessed is the ator from West Virginia is waiting to firm reliance on the protection of di- Nation whose God is the Lord.’’ He can speak, and I will be anxious to hear his vine Providence.’’ That judge should be your Lord. He can be mine. What are words of wisdom because he, in my not be a judge in my opinion—and I can we coming to when we cannot speak judgment, knows more about the Con- say this: I hope his name never comes God’s name? Let them put me in jail. I stitution than anybody else in the Sen- before this Senate, while I am a Mem- will read that Bible right here on this ate. He carries it with him every day, ber of it, for any promotion. He will be desk. I have done it before. I will do it all day. He has studied it more than remembered. Let him declare this Dec- again. I have recited the pledge and so any other Member of the Senate. I laration of Independence unconstitu- has every other Member of this body know that document is revered by all tional. Do the words I have quoted of- time and time again. Come, Judge of us, but perhaps revered by none of us fend the Constitution? Goodwin of the Ninth Circuit, put us in quite as much as it is by the Senator I am the only Member of Congress jail. from West Virginia. Let’s hope we find today, bar none, in either body, who I say the people of America are not ways in this country not to have to was a Member of the House on June 7, going to stand for this. I, for one, am turn on the news and discover the next 1954, when the words ‘‘under God’’ were not going to stand for this country’s news cycle, the next opinion of a ma- included in the Pledge of Allegiance. being ruled by a bunch of atheists. If jority of a court that defies all com- Coincidentally, may I say, on that they do not like it, let them leave. mon sense and something that requires same day, June 7, one year later, 1955, They do not have to worship my God, us this afternoon to respond to, to re- the House of Representatives voted to but I will worship my God and no athe- store some faith with the American inscribe the words ‘‘in God we trust’’ ist and no court is going to tell me I

VerDate jun 06 2002 23:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.103 pfrm15 PsN: S26PT2 B028 Case:S6104 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 75 Date— SENATE Filed: 05/05/2010 EntryJune ID: 26, 5443428 2002 cannot do so whether at a school com- all the courts, but the Federal courts one does not like the Declaration of mencement or anywhere else. I say to a large degree. Particularly the Independence, if someone does not like let’s let the people speak. Ninth Circuit is out of the main the Constitution, they do not have to The PRESIDING OFFICER. The Sen- stream, in my view. This trend has read them. If someone does not believe ator from Nevada. been there for some time. It is not part in the Pledge, they do not have to re- Mr. REID. I say to my friend from of the American tradition. In America, cite it. That is clear constitutional West Virginia, the distinguished senior we need to respect people’s religion. We law. Senator, the distinguished Member of need to give people a full chance to ex- This is a big mistake by the court. I this body, I have had the good fortune press their faith wherever they may hope this Senate will take action to ex- that two of my sons have been law choose. We should not put down or press the views of the people of the clerks for the chief judge of the Ninth laugh or demean somebody else’s reli- United States. I hope we will not hear Circuit. In fact, one of my sons was his gious belief. That is a cornerstone of talk that this is something that will be administrative assistant. He was a our country. dismissed. It is a serious, pernicious, judge from Nevada, served in the very Madison was passionate that no antireligious trend. There is a tend- prestigious Ninth Circuit. State had the right to mandate some- ency and a trend in America by the I have had calls from my sons today. body’s religious faith. However, the en- courts to eliminate from public life They are embarrassed about what has tire trend of this country and the any reference to a higher being and taken place in that Ninth Circuit. They whole understanding of what we are anybody who reads the newspapers or said: Dad, don’t worry about it because about is that we have the free exercise reads court opinions knows that is the court will meet en banc and reverse of religion. We are entitled to exercise true. it. that faith in a public way. It has been The Ninth Circuit is the worst. One These are the two most liberal mem- part of our public life since the found- year 27 out of 28 cases were reversed. bers of the court. They come up at ran- ing of our country. Somehow, the They have consistently been reversed dom. It was by chance Goodwin and courts have gotten the idea that they more than any other circuit in Amer- Reinhardt were thrown together, but should reverse this. ica. they have done the mischief they have Some say this is just one court and The New York Times, in writing done to embarrass every lawyer in they are out of step. It is deeper than about the Ninth Circuit, says a major- America, every judge in America ex- that. We have been affirming judges ity of the Supreme Court of the United cept those two, and the people of this who have shared these philosophies States considers the Ninth Circuit to country are repulsed. without looking into it very closely. be a rogue circuit. I have great faith that court will re- We have allowed judges to carry on a I have been the most outspoken verse itself when they sit en banc. If more activist view of what they think Member of this Senate in the years I they do not, I applaud the majority life is about. have been here, over 5 years, in ex- leader, whom I now understand has the We had a recent decision of the Su- pressing my concern about some of support of the Republican leader, to preme Court, that is activist, when the these trends in the court, particularly move forward expeditiously tonight to author of the opinion declared that in the Ninth Circuit. I have talked let the world know the Senate is not evolving standards call us to not exe- about the issues in the Ninth Circuit. going to stand idly by while these peo- cute a retarded person. I am not for We have to do better. I encouraged ple—I had a little dialogue with Sen- executing retarded persons. I am will- President Clinton and I encourage ator LIEBERMAN on the floor today, ing to support a law to that effect. President Bush to send nominees to with his experience as attorney gen- What is that saying? This justice and a that circuit who will bring it back into eral, being the legal scholar that I be- majority on the Supreme Court were the mainstream of American law. lieve he is, who said without question saying that they could change the law I hope on full rehearing en banc, the that what they did was illogical. if they thought somebody was ‘‘evolv- court will reverse the opinion. I am not I agree with what the Senator from ing’’ and changing their views about absolutely sure it will, because there West Virginia said—it is stupid. life in general. are others on that court I have no The PRESIDING OFFICER. The Sen- Who reflects the American people in doubt will join in this opinion. Then it ator from Alabama is recognized. the changed views? It is the legislative will go to the Supreme Court of the Mr. SESSIONS. Mr. President, this branch. Federal judges are given life- United States. They are going to have is, indeed, a shocking culmination of a time appointments. They hold office to wrestle with this a little bit more. decade-long trend of liberal activist for the rest of their life. They are re- They have not yet fully thought courts that have been misreading the quired to discipline themselves. If they through their position on the free ex- first amendment of the Constitution. love the law, if they love the Constitu- pression of religious faith in American The first amendment protects the free tion, as all in this country must do, life. exercise of religion. That is what it they must discipline themselves and It is a difficult thing. We have to says. It says Congress shall make no simply enforce that law. This trend has cherish our freedom of religion, our law respecting the establishment of a been unhealthy. We have allowed it to freedom to practice religion, as well as religion nor prohibiting the free exer- continue unchallenged. It is afoot in our freedom not to have someone co- cise thereof. There is no word in the our law schools. They teach you cannot erce any American into any religious Constitution, the document ratified by have any reference to faith. belief. That is so much a part of our the people of the United States, about Right on the wall we have ‘‘In God life that so much distinguished Amer- a wall of separation. There is nothing We Trust.’’ The anteroom has a picture ica from nations that want to have a in the Constitution that says we can- of a woman on the wall holding a Bible government founded strictly on their not have any reference in public life in in her hand. There are three words en- view of faith. That is unhealthy. America to a higher being. graved on the sides of the wall: One is I hope we can adopt an expression in As the Senator from West Virginia ‘‘government,’’ one is ‘‘philosophy,’’ this Senate of our disapproval of this has eloquently stated, our founding and one is ‘‘religion.’’ That is the na- decision, but, at the same time, we do documents make multiple references to ture of the founding of our country. We not need to treat it lightly. We need to God. never doubted that religion played a go back to the grassroots, the initial Indeed, the Declaration says we are part in American life. What we did not heritage of faith in America. We need created with certain inalienable rights. want was the Government to dictate to to look at some of these decisions of We did not create ourselves but were, someone how they ought to worship. the court that have gone beyond pro- indeed, created by a higher being. That We have never done that. I defend any- hibiting the establishment of a reli- is a strong part of our belief as a na- one who thinks they are being forced gion, to prohibiting any expression of tion. to do anything with which they dis- religious faith at all. Our courts have been on the wrong agree. I remember Judge Griffin Bell, a track for a long time. They have con- Life is complex. We work together great judge on the Fifth Circuit Court sistently gotten this thing wrong. Not and live together in harmony. If some- of Appeals, President Carter’s Attorney

VerDate jun 06 2002 23:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.110 pfrm15 PsN: S26PT2 B029 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 76 Date— SENATE Filed: 05/05/2010 Entry ID:S6105 5443428 General. He was speaking to an Ala- ator LOTT regarding the Pledge of Alle- The assistant legislative clerk read bama Bar Association meeting when giance, that no amendments or mo- as follows: President Reagan was in office, not tions be in order, the Senate imme- A resolution (S. Res. 292) expressing sup- long after he left as Attorney General. diately vote on passage of the resolu- port for the Pledge of Allegiance. The bar members asked: Judge Bell, tion, that any statements thereon ap- Whereas, this country was founded on reli- what do you think about this litmus pear in the RECORD as though read. gious freedom by founders, many of whom test that President Reagan is supposed Mr. LOTT. Reserving the right to ob- were deeply religious; to be applying to judges? I will never ject only for parliamentary inquiry, is Whereas, the First Amendment to the Con- forget, he walked up to the microphone it the majority leader’s intent to put stitution embodies principles intended to and said: We need a litmus test for the vote immediately? guarantee freedom of religion both through If I could, under my reservation, then the free exercise thereof and by prohibiting judges. We don’t need anybody on the the government establishing a religion; Supreme Court who does not believe in just make a couple of points. The PRESIDING OFFICER. The Re- Whereas, the Pledge of Allegiance was prayer at football games. written by Francis Bellamy, a Baptist Min- This is where we are. We have the publican leader is recognized. ister, and first published in the September 8, courts of the United States prepared to Mr. LOTT. Mr. President, I certainly 1892, issue of the Youth’s Companion; support this effort. I have no intent at send in the 82nd Airborne to some high Whereas, Congress in 1954 added the words all of objecting. I am very pleased the school that allows a voluntary prayer ‘‘under God’’ to the Pledge of Allegiance; Senate is going to act so quickly on to be said before the ball game starts— Whereas, the Pledge of Allegiance has for this matter. almost 50 years included references to the an expression that there is something Senator DASCHLE and I have been U.S. flag, the country, to our country having more important than who is the big- talking about it the last few minutes. been established as a union ‘‘under God’’ and gest, meanest, and toughest out on the We have developed what I think is very to this country being dedicated to securing football field. good language to address this out- ‘‘liberty and justice for all;’’ I think we have a serious problem rageous decision by the Ninth Circuit Whereas, the Congress in 1954 believed it as with the understanding of the first acting constitutionally when it revised the Court of Appeals. Pledge of Allegiance; amendment. I am glad this body is tak- Just as the Supreme Court has recog- ing it seriously. Hopefully, we can do Whereas, this Senate of the 107th Congress nized that elected officials may invoke believes that the Pledge of Allegiance is not something about it, but it is going to God’s blessing on their work as we do an unconstitutional expression of patriot- take a longtime effort. here every day, and as in the House ism; I yield the floor. Chamber they have over the Speaker’s Whereas, patriotic songs, engravings on f chair, ‘‘In God We Trust,’’ for our chil- U.S. legal tender, engravings on federal dren to be allowed to invoke God’s buildings also contain general references to EXPRESSION OF SUPPORT FOR ‘‘God’’; THE PLEDGE OF ALLEGIANCE blessing on our country in the Pledge Whereas, in accordance with decisions of of Allegiance is certainly something we The PRESIDING OFFICER. The ma- the U.S. Supreme Court, public school stu- want to do. dents cannot be forced to recite the Pledge of jority leader. If there is ever a time when we need Mr. DASCHLE. Mr. President, I indi- Allegiance without violating their First this additional blessing, perhaps it is cated a few minutes ago that it was our Amendment rights; now more than ever in our lifetimes. I Whereas, the Congress expects that the intention, after consultation with the have seen that and felt that as I have U.S. of Appeals for the Ninth Circuit will re- Republican leader and our colleagues, gone around, not only my own State hear the case of Newdow v. U.S. Congress, en to offer a resolution immediately on but this country. So I think it is essen- branc; the matter of the Ninth Circuit Court Resolved, That the Senate strongly dis- tial the Senate speak immediately in decision. That is our intention at this approves of the ninth circuit decision in clarification. I hope the Ninth Circuit point. Newdow v. U.S. Congress; and that the Sen- will have an en banc panel that will re- I will propound a unanimous consent ate authorizes and instructs the Senate verse this decision; failing that, that request that allows us to go to a vote. Legal Counsel to seek to intervene in the the Supreme Court will act on it expe- case to defend the constitutionality of the I know a number of other Senators ditiously. Pledge of Allegiance. wish to be heard, but I think it would In our resolved clause, we state that Mr. DASCHLE. Mr. President, I ask be appropriate for scheduling purposes we disapprove of the decision by the for us to have the vote and then accom- for the yeas and nays. Ninth Circuit and that we authorize The PRESIDING OFFICER. Is there a modate other Senators who wish to be and instruct the Senate legal counsel heard. We will certainly allow the floor sufficient second? There is a sufficient to seek to intervene in the case to de- second. to be available for purposes of addi- fend the constitutionality of the tional comment by our colleagues. Mr. DASCHLE. Again, I ask Senators Pledge of Allegiance. to vote from their desks. Let me ask Senators to vote from Beyond that, to further make it their desks on this particular vote. I The PRESIDING OFFICER. The clear, the Senate should consider a re- question is on agreeing to the resolu- think it would be appropriate, given codification of the language that was the strength of feeling we have on the tion. The clerk will call the roll. passed in 1954. There was no uncer- The assistant legislative clerk called issue, that we draw a distinction be- tainty or ambiguity about what was tween this and other votes. I ask Sen- the roll. done in 1954. The Congress, in fact the Mr. NICKLES. I announce that the ators to vote from their desks. American people, spoke through their I also note as we have already an- Senator from North Carolina (Mr. Congress. We should make it clear once HELMS) is necessarily absent. nounced through our cloakrooms, again. every Senator will be listed as a co- I further announce that if present I commend you, Senator DASCHLE, and voting the Senator from North sponsor unless they ask to be removed for moving this matter forward aggres- from that list. So Senators will auto- Carolina (Mr. HELMS) would vote sively. For the Senate to have this vote ‘‘yea.’’ matically be listed as a cosponsor. We is absolutely the right thing to do. I have had so many requests on both The PRESIDING OFFICER. Are there know the American people agree with any other Senators in the Chamber de- sides of the aisle, it was our view it that decision. would be appropriate for us to do that. siring to vote? I withdraw my reservation. The result was announced—yeas 99, I also ask unanimous consent that The PRESIDING OFFICER. The ma- nays 0, as follows: the resolution be submitted and stated jority leader. for the record, prior to the vote. Mr. DASCHLE. I compliment the [Rollcall Vote No. 163 Leg.] The PRESIDING OFFICER. Without Senator on his remarks. I appreciate YEAS—99 objection, it is so ordered. very much his cooperation in the last Akaka Biden Bunning Mr. DASCHLE. I ask unanimous con- couple of hours. Allard Bingaman Burns Allen Bond Byrd sent the Senate proceed to the consid- The PRESIDING OFFICER. Without Baucus Boxer Campbell eration of the resolution at the desk objection, it is so ordered. The clerk Bayh Breaux Cantwell earlier introduced by myself and Sen- will report the resolution. Bennett Brownback Carnahan

VerDate jun 06 2002 00:52 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.112 pfrm15 PsN: S26PT2 B030 Case:S6106 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 77 Date— SENATE Filed: 05/05/2010 EntryJune ID: 26, 5443428 2002 Carper Gregg Murray shown in allowing the Senate to move the Chamber remains, the judges on Chafee Hagel Nelson (FL) Cleland Harkin Nelson (NE) as quickly as it has. It sends as clear the Ninth Circuit to the contrary not- Clinton Hatch Nickles and unequivocal a message as I believe withstanding. Cochran Hollings Reed we are capable of sending. As I walked over to come to this Collins Hutchinson Reid We strongly disagree with the deci- vote, I came under the flags of the 50 Conrad Hutchison Roberts Corzine Inhofe Rockefeller sion made today. We will authorize our States. They are displayed in the walk- Craig Inouye Santorum Senate legal counsel to intercede on way in the tunnel that comes between Crapo Jeffords Sarbanes behalf of our position before the court. the Senate Office Building and the Cap- Daschle Johnson Schumer That is the right thing to do. I am very itol. I noticed that on two of those Dayton Kennedy Sessions DeWine Kerry Shelby pleased we were able to say it as flags, Florida and Georgia, there are Dodd Kohl Smith (NH) strongly as we have on a bipartisan the same words that we have here in Domenici Kyl Smith (OR) basis that we have today. the Chamber, ‘‘in God we trust.’’ Dorgan Landrieu Snowe Durbin Leahy Specter I yield the floor. I wonder if the justices of the Ninth Edwards Levin Stabenow The PRESIDING OFFICER. The Sen- Circuit wish to order the State legisla- Ensign Lieberman Stevens ator from Utah is recognized. tures of those two States to change the Enzi Lincoln Thomas Mr. BENNETT. Mr. President, over State flags in their effort to see to it Feingold Lott Thompson Feinstein Lugar Thurmond the weekend I had the experience and that we remove any reference whatso- Fitzgerald McCain Torricelli the pleasure of narrating Aaron ever to God from our public discourse. Frist McConnell Voinovich Copeland’s ‘‘Lincoln Portrait’’ in a Oh, I understand that they do not wish Graham Mikulski Warner presentation by an orchestra back Gramm Miller Wellstone to remove all references to God. It will Grassley Murkowski Wyden home in Utah. I had not done that be- still clearly be fine for the people in fore. NOT VOTING—1 Hollywood and on television to curse Aaron Copeland took some of Abra- people in the name of God. It will only Helms ham Lincoln’s most stirring words and be illegal for someone to bless people The resolution (S. Res. 292) was accompanied them with music, and it in the name of God. The use of the agreed to. is a great opportunity for those of us name of deity in oaths of blasphemy The preamble was agreed to. who don’t have as much musical abil- are protected under the first amend- The PRESIDING OFFICER. The ma- ity as some others to participate in ment. It is just the use of the name of jority leader is recognized. that kind of a presentation. God in expressions of belief that these Mr. DASCHLE. Mr. President, this I was interested that one of the judges wish to strike down—an incon- was the last vote of the evening. things in the ‘‘Lincoln Portrait’’ by sistency which I hope will enter into Under the normal rules of the Sen- Aaron Copeland is a quotation from the their hearts and make them realize ate, of course, it is the custom of the Gettysburg Address, when Abraham how foolish their decision is. Senate each morning to pledge alle- Lincoln prophesied that this Nation, Finally, my mind goes back to the giance to the flag. We will be coming under God, shall have a new birth of experience in the Middle Ages when into session tomorrow morning at 9:30. freedom, and that government of the Galileo—who said that the Earth re- It would be my suggestion—not my people and by the people and for the volves around the Sun rather than the original suggestion, I hasten to add— people shall not perish from the Earth. Sun revolving around the Earth—was that we as Senators be here at 9:30 to If the Ninth Circuit Court position is forced by the legal structure of his pledge allegiance to the flag. I encour- upheld and made universal, that means time to recant. And in order to save his age Senators to be present at their that Aaron Copeland’s tribute to the life he did so. He stood there and pro- desks at 9:30 to accommodate that sug- memory of Abraham Lincoln will have claimed aloud that the Sun revolved gestion. to be censored and that we will no around the Earth, and then as he (Applause, Senators rising.) longer allow our schoolchildren to stepped away from the place where he The PRESIDING OFFICER. The Sen- learn the Gettysburg Address. had made that public recantation, he ator from Vermont is recognized. Indeed, if this position is upheld, we muttered—speaking of the Earth going Mr. LEAHY. Mr. President, I think will no longer be able to teach our chil- around the Sun—‘‘nonetheless, it still the distinguished majority leader has dren the Declaration of Independence revolves.’’ made an excellent suggestion. I also because Thomas Jefferson referred to Regardless of what the courts may wish to express my appreciation to him our rights as having been endowed by say, the American people still trust in for bringing up S. Res. 292 and doing so the Creator. God. As long as they do, it will remain in a bipartisan fashion. I also express The Ninth Circuit makes it very our national motto because it is a cor- my appreciation to the staff of the Sen- clear that they do not believe any pub- rect statement of how we feel, and it ate Judiciary Committee who worked lic official should speak of the Creator belongs in the Pledge of Allegiance to so very hard to move on this resolution in a way that implies that he exists or, our flag. as quickly as they did. I appreciate the if you prefer, that she exists. The PRESIDING OFFICER. The Sen- distinguished majority leader request- The word ‘‘God’’ is sufficiently uni- ator from California is recognized. ing that we have such a resolution. He versal and nonspecific as to allow those Mrs. FEINSTEIN. Mr. President, I is absolutely right. I have to assume who use it to ascribe any quality, any would like to say a few words about the that the Ninth Circuit will now hear gender, any doctrine, any position that resolution. Before I do, I know Senator this case en banc, and I have to hope those people might wish to ascribe to LANDRIEU would like to speak and per- the decision will not be upheld. it. It is inconceivable to me that the haps others. Perhaps I could offer a The PRESIDING OFFICER. The ma- Ninth Circuit should suggest that the unanimous consent agreement that di- jority leader. generic term ‘‘God’’ is somehow en- rectly following me—does Senator Mr. DASCHLE. Mr. President, I sim- dorsement of a specific religion. BURNS wish to speak? ply want to respond to the distin- It is interesting that the vote we Mr. BURNS. Yes. guished Senator from Vermont and, as have just taken takes place under Mrs. FEINSTEIN. That Senator always, thank him for his kind words words carved in marble, literally BURNS, and then Senator LANDRIEU, and support for the resolution and, as carved in marble and gilded in gold and Senator ALLEN have 5 minutes always, his willingness to be helpful. I here in the Senate Chamber, that say: each. am also pleased with the unanimity ‘‘In God we trust.’’ I would hope that The PRESIDING OFFICER. Without with which the Senate has expressed the judges on the Ninth Circuit would objection, it is so ordered. itself this afternoon. It was the right not attempt to send U.S. marshals into Mr. LEVIN. Reserving the right to thing to do. It was important that we the Chamber of the Senate with jack- object, was that a unanimous consent did it in a timely manner. hammers in an effort to remove that request? Again, let me reiterate my thanks to marble from above our entryway. It The PRESIDING OFFICER. Yes. the distinguished Republican leader for has been there since the Chamber was Mr. LEVIN. I would like some indica- the tremendous cooperation he has built. I hope it remains there as long as tion of approximately how long each

VerDate jun 06 2002 23:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.054 pfrm15 PsN: S26PT2 B031 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 78 Date— SENATE Filed: 05/05/2010 Entry ID:S6107 5443428 Senator plans on speaking. I have no was in this country on September 11 of rected, and there are a variety of ways desire to limit them, but I would like last year. He said that, since then, this that can happen today. to get an idea. country has reacted in a way that rees- I thank Senator DASCHLE, our leader, Mrs. FEINSTEIN. Not very long for tablishes or reconfirms the very values and Senator LOTT for so quickly assem- me. on which this country is based. bling a resolution in which we all have Ms. LANDRIEU. Five minutes. Then we have a circuit court that joined as coauthors stating our posi- Mr. LEVIN. If it is 5 minutes each, comes down with a decision such as tion in the Senate that reflects, I be- that is fine. this. It is absolutely unbelievable. Can lieve, the overwhelming views of the The PRESIDING OFFICER. The Sen- our children no longer sing ‘‘God Bless American people. The force of that res- ator from California is recognized. America,’’ or even ‘‘America the Beau- olution will have a very positive im- Mrs. FEINSTEIN. Mr. President, I tiful,’’ or all the stanzas to our Na- pact. rise as a Senator from California, a tional Anthem? I also understand the entire Circuit member of the Judiciary Committee, Do you want to take a look at the Court will hear this case en banc, and and one who has been trying to hold to- dollar bill? On the back of it is the I am almost certain, or at least very gether the Ninth Circuit. I find this de- symbol of this country, the eagle, and, hopeful, that this decision will be re- cision, at best, very embarrassing—em- of course, the eternal eye. This is a versed and this wrong righted. barrassing because perhaps the court value-based society, and to say those There have been many beautiful doesn’t know, but our coins have con- who are sheltered from being removed things read into the RECORD that re- tained ‘‘in God we trust’’ for a century from office, unless the crime is really mind us of our heritage, that remind us and a half. This was put into action by something, but just for an opinion such of why this country is so great, is so the Congress in 1954, almost 50 years as this, I find that unbelievable. wonderful, is so unique, and so special; ago. So we have had reference to God We are a nation founded upon the ac- from the eloquent remarks of the Sen- on our coins for a century and a half knowledgement of a Creator. It has ator from West Virginia to the Sen- and reference to God in the Pledge of been that way since day one, or even ators who have recently spoken. Allegiance for over a half century. In 30 when the flame of freedom was ignited I thought it might be appropriate at years of public life, I have never had an in the men and women way back in the this time to read into the RECORD for objection from anyone about either. 1700s. Men and women have died, given this occasion a wonderful quote from When I heard about this decision, their lives, on the field of battle to pro- Abraham Lincoln—one of our greatest knowing how Senator BURNS has felt tect it, just as they have another sym- Presidents, if not our greatest on what about the Ninth Circuit, I quickly bol of this country called our flag. he had to say about our relationship to looked to see who the judges were. I It doesn’t make a lot of sense. Of God and our Creator as a nation and as found that one is a Nixon judge, one is course, there are a lot of things that do a collective people. It was on the occa- a Carter judge, and the dissenting not make sense in this world. I always sion of the first Presidential resolution judge was a George Bush, Sr., judge. refer to this place as 17 square miles of to set aside at least 1 day for a na- I can only say that I would be hope- logic-free environment. Nonetheless, tional day of prayer and fasting. This ful that the full Ninth Circuit would whenever you jump across the street, was established many years ago in 1863. take up this matter and straighten it we find another logic that I fail to un- In this statement, Abraham Lincoln out, and, if they do not, that it goes derstand. So I will stand here and tell calls for our Nation to come together rapidly on appeal to the Supreme Court America that those values—this being in prayer and to acknowledge God and of the United States, and that the Su- one of them—that those men and to acknowledge a Supreme Being and preme Court of the United States women did not die in vain. And it did our Creator. He said: straightens it out. not take very long for this body, that We have been the recipients of the choicest From the beginning of our country, represents constituencies across the bounties of Heaven. We have been preserved, God has always played a role. All you width and breath of our country, to these many years, in peace and prosperity. have to do is look at some of the re- react to it. That has to tell you some- We have grown in numbers, wealth and maining churches in the Thirteen Colo- thing about who we are and what we power, as no other nation has ever grown. nies to know that God has always are and how we got here. But we have forgotten God. We have forgot- played a role in the foundation and the Mr. President, I yield the floor. ten the gracious hand which preserved us in continuation of our Nation. For the The PRESIDING OFFICER. The Sen- peace, and multiplied and enriched and strengthened us; and we have vainly imag- Ninth Circuit to suddenly say that it is ator from Louisiana is recognized. ined, in the deceitfulness of our hearts, that unconstitutional for the Pledge of Alle- Ms. LANDRIEU. I thank the Chair. all these blessings were produced by some su- giance to make reference that we are Mr. President, I wish to add my voice perior wisdom and virtue of our own. Intoxi- one nation under God is incomprehen- to all of those who have risen in the cated with unbroken success, we have be- sible to many of us. So our remedy last several hours to express my feel- come too self-sufficient to feel the necessity must rest with the remainder of the ings and the feelings of people from of redeeming and preserving grace, too proud Ninth Circuit. Louisiana about this unfortunate rul- to pray to the God that made us. For me, it is going to be interesting ing. It behooves us then, to humble our- to see whether they will measure up to It is clear to most of us at least that selves before the offended Power, to this challenge or whether they will let we believe God is infallible, but clearly confess our national sins, and to pray a three-judge panel speak for them. I these judges are not. This case and this for clemency and forgiveness. strongly urge that, if they feel as decision are very disappointing to This is just one of the many strongly as the Members of this Senate many of us, and I am sure around the writings—hundreds, thousands—by do, they sit en banc and take a look at Nation it has caused a great deal of Presidents, Senators, Congressmen, this matter. If not, it certainly should anxiety, anguish, disappointment, and Governors, council members, mayors, go to the Supreme Court. anger. elected officials, leaders of this great I can only say this Senator is embar- We remember all too well the Dred country that we call America acknowl- rassed. Scott decision that relegated African edging that we as a nation stand under The PRESIDING OFFICER. The Sen- Americans to a status as property, and God, acknowledging His presence, al- ator from Montana is recognized. the Plessy v. Ferguson decision that though we worship Him in different Mr. BURNS. Mr. President, words disgracefully upheld the Jim Crow laws ways, we may call Him by different cannot express the outrage I felt when of this Nation. In these cases the names, and we strongly support the I heard this decision. There will be American judiciary unfortunately dem- rights of those in our society to not ac- those of us who will express it in dif- onstrated its ability to be just plain knowledge His presence. But we collec- ferent words than probably lawyers wrong, and today is another one of tively as a nation will in no way back will. A couple of weeks ago we were those occasions. down in acknowledging His presence visited and addressed by the Prime A wonderful aspect, however, about and His divine creation. Minister of Australia, John Howard, our democracy is that when we make Madam President, I wanted to submit when he related his feelings because he mistakes, those mistakes can be cor- my thoughts on this issue for the

VerDate jun 06 2002 23:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.118 pfrm15 PsN: S26PT2 B032 Case:S6108 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 79 Date— SENATE Filed: 05/05/2010 EntryJune ID: 26, 5443428 2002 RECORD and also say that I am intro- must understand that this country, in where, is that it allows, in accordance ducing a proposed constitutional the very beginning, starting with the with the founding documents of our amendment to address this issue in the Virginia Company, which was a com- Nation, the ability of the majority to event that the court decisions do not mercial venture—it still was a crown express their values and their wisdom. unfold the way I suspect they will. I colony, as were all the colonies, and as If somebody somehow does not want to send to the desk a joint resolution. such it was associated with the Church recite it, they are not compelled to do The PRESIDING OFFICER (Ms. of England or the Anglican Church. so. CANTWELL). The measure will be re- People were compelled to pay taxes to So the Establishment Clause, as well ceived and appropriately referred. that church whether they wanted to go as our Bill of Rights, and our Declara- Ms. LANDRIEU. I thank the Chair, to that church or not. tion of Independence, are all modeled and I yield the floor. The concept of the statute of reli- on the Virginia Statute for Religious The PRESIDING OFFICER. The Sen- gious freedom first started in Virginia Freedom, and the Virginia Declaration ator from Virginia. with Thomas Jefferson. He drafted the of Rights. Mr. ALLEN. Madam President, I as- Virginia Statute for Religious Free- The Virginia Statute for Religious sociate myself with the remarks of the dom. It is on his gravestone as one of Freedom, as drafted by Mr. Jefferson Senator from Louisiana, Ms. LANDRIEU, his three most proud accomplishments, and then carried forward by James and I commend her for her resolution. along with the founding of the Univer- Madison and adopted in 1786, counsels With her consent, I would like to add sity of Virginia, and drafting the Dec- against the impious presumption of my name to her resolution in the event laration of Independence. legislators and rulers, civil as well as The statute of religious freedom was the Ninth Circuit and the Supreme ecclesiastical, who being themselves a novel idea. It was a radical idea be- Court continue this errant miscarriage but fallible and uninspired men who cause what you had in the 1700s and be- of justice. have assumed dominion over the faith fore then were monarchies, theocracies Madam President, we often talk of others. in effect, where the monarchs were rul- about ‘‘miscarriages of justice,’’ but The Virginia Declaration of Rights ing because of bloodlines not because today I talk about an instance in which holds that all men are equally entitled of merit or popular will. They also had proper administration of justice was to the free exercise of religion accord- a single church and that church was ing to the dictates of their conscience. dragged into a dark alley and mugged. given that exclusive monopoly in that Many of us are outraged to learn Minimal reference is made to a non- they would then say that those mon- denominational creator or natural today that a divided three-judge panel archs were ruling by divine guidance of the Ninth Circuit Court of Appeals rights or God and that is consistent and divine right. In all of these monar- with the values and the desires of the believed it knew better than the prop- chies, the idea that people could be- erly exercised wisdom of the people and people. This is in step, and the laws lieve as they saw fit and not be com- are, fortunately, in this regard, in step their duly elected representatives in pelled to join a church or be compelled striking down the Pledge of Allegiance with our society and the views of the to support a church was a very radical people, as they have been throughout and stating that the Pledge of Alle- idea and upsetting to the tyrannical giance is unconstitutional. These our history. monarchs because that upset their It is my hope, and it is not without judges ignored the very basis of our de- whole justification for being in power mocracy and representative Govern- basis, that this decision of the Ninth in the first place. Circuit will be handily reversed by the ment. They have ignored, right before The Virginia Statute for Religious Independence Day, the spirit of our Supreme Court of the United States. Freedom actually took 7 years to pass I remind the Senate that the Ninth country that Mr. Jefferson, in the Dec- in the Virginia General Assembly. Circuit Court of Appeals has by far the laration of Independence, proclaimed Good ideas still sometimes take a long most dismal reversal rate in the Su- to the British monarchy, which had an time. Mr. Jefferson was the Minister to preme Court of any court of appeals in established religion, that our rights are France when James Madison finally our land. In recent years, the reversal God-given rights. got this Statute through the Virginia rate has hovered around 80 percent He stated in the Declaration of Inde- General Assembly. pendence that we are endowed by our The Virginia Statute for Religious compared to about 50 percent for the Creator ‘‘with certain unalienable Freedom states very clearly, in article next highest circuit, which is the Rights, that among these are Life, Lib- I, section 16, of the Virginia Constitu- Eighth Circuit. In one recent session of erty and the pursuit of Happiness.’’ All tion, ‘‘That religion, or the duty which the Supreme Court alone, an aston- of this came from the Virginia Declara- we owe our Creator and the manner of ishing 28 out of 29 decisions of the tion of Rights which expressed the discharging it, can be directed by rea- Ninth Circuit Court were overturned. same sentiments. son and conviction, not by force or vio- That is 97 percent. What ruling from Let’s understand, if these judges do lence; and therefore, all men are equal- the Ninth Circuit will come next? Are not understand, with their judicial ac- ly entitled to the free exercise of reli- they going to white out passages of the tivist decisions such as this, the judges gion, according to the dictates of con- Declaration of Independence? Will it be are to interpret the laws, they are not science; . . . ’’ and so forth. It goes on improper to recite on public grounds to write the laws. The laws on the to say that people’s rights and individ- the Declaration of Independence be- Pledge of Allegiance and the laws for ual’s rights should not be enhanced nor cause it refers to our Creator giving us the recitation of the Pledge of Alle- should they be diminished due to their unalienable rights? Will the Ninth Cir- giance in our schools are passed by religious beliefs. cuit order currency and our coinage to State legislatures all across our coun- Now the purpose of the Establish- knock out the insidious message of ‘‘In try. They are reflecting the will, the ment Clause, which was then put into God We Trust’’? Will they say that all desire, and the value of the people in the Federal Constitution in the First coins have to be destroyed and melted their States and in their communities. Amendment of the Bill of Rights, was down? Will they imprison school choirs Let’s also understand that these ac- not to expunge religion or matters of and have the school directors impris- tivist judges, like the two involved in faith from all aspects of public life. oned because the children are singing this majority decision of the Ninth Cir- The Pledge of Allegiance should re- ‘‘God Bless America’’? Who knows cuit, often cite the first 10 words of the main in our schools and other public what is next out of the Ninth Circuit. Establishment Clause, which says: functions, but it should be voluntary. At some point, though, a proper re- The Commonwealth of Virginia has spect for the rights of the people, their Congress shall make no law respecting an desires, and also common sense and establishment of religion . . . such a law but it is voluntary. If a student does not want to recite the Pledge reason must be guiding our courts, es- But they too often forget the six of Allegiance, he or she is not com- pecially this particular circuit court, words that follow: pelled to do so. One needs to respect and today’s activist, offensive decision. or prohibiting the free exercise thereof. that individual conscience. Today’s action by the Ninth Circuit To understand the history of reli- The way it is in the law, whether in is hit-and-run jurisprudence. It is smug gious freedom in this country, one this case in the Ninth Circuit or else- judicial activism at its rankest. It is

VerDate jun 06 2002 01:15 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.122 pfrm15 PsN: S26PT2 B033 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 80 Date— SENATE Filed: 05/05/2010 Entry ID:S6109 5443428 outrageously out-of-touch with the de- Independence? According to the Ninth ings by the 9th Circuit have been over- sires and values of the American peo- Circuit Court of Appeals, this could in- turned. Just a few years ago the 9th ple. It is striking down the basic con- deed be so. After all, if saying the managed to compile an 1–28 record at cept that laws made by Congress or by Pledge of Allegiance violates the estab- the Supreme Court—that is, the Su- State legislatures, unless they are lishment clause of our Constitution, preme Court reviewed 29 cases from the clearly unconstitutional, ought to be how can these others not do so as well? 9th Circuit Court and reversed a stun- respected. What about our money—I think we ning 28 of them. I am proud today, only days before are in a real problem here—which has Although I must admit that I can’t the 226th anniversary of our Nation’s the motto ‘‘In God We Trust’’ on it, or just criticize the 9th Circuit, as, inter- birth, of our Declaration of Independ- the fact that every day we open Con- estingly enough, we can make an accu- ence, where we ceded from the mon- gress with a prayer, maintain full-time rate and strong argument that the Es- archy of Britain, that we are going to Chaplains on each side of the Capitol tablishment Clause is clearly misinter- stand for what is right. We are going to Building, and in the very Chamber in preted by the entire legal system stand by our flag and the principles of which we stand today it twice says today. The concept of a ‘‘wall of sepa- freedom and justice and with our ‘‘God’’. Do we have to get the putty out ration’’ is actually from a letter Thom- Pledge of Allegiance. and fill them in? as Jefferson wrote in 1802 that was I thank my colleagues for their Consider the very founding of our Na- completely unnoticed until a mistaken united, bipartisan stand for what is tion. At that time, the brave men and transcription of the original letter was right about America and what is right women trusted in God and believed we cited by the Supreme Court in 1879 in for our schools and our youngsters, and owed our success to him. In fact, the Reynolds v. United States. The focus in that is stating the Pledge of Allegiance first act of the first Continental Con- 1879 was not on ‘‘separation’’ but on to our flag. gress was a public prayer. As Sam the term ‘‘legislative powers’’—yet the I yield the floor, and I suggest the ab- Adams noted then in support of the transcriber had written that wrong; sence of a quorum. idea, he was no bigot and could hear a The original, in Jefferson’s neat hand- The PRESIDING OFFICER. The prayer from any gentleman of piety writing, said ‘‘legitimate power.’’ This clerk will call the roll. and virtue who at the same time was a metaphor again remained unused and The assistant legislative clerk pro- friend of his country. And so on Sep- virtually unknown until Justice Black ceeded to call the roll. tember 7, 1774, the first official prayer drew it from obscurity in 1947—again Mr. BROWNBACK. Madam President, before the Continental Congress took using the erroneous translation. I ask unanimous consent that the order place when an Episcopal clergyman So it is clear that our nation, perhaps even from the beginning, needs for the quorum call be rescinded. read aloud Psalm 35 from the Book of commonsense, reasonable judges— The PRESIDING OFFICER. Without Common Prayer—a now unconstitu- judges who will defend our principles, objection, it is so ordered. tional act that he performed in 1774, ideals and way of life. Judges who un- Mr. BROWNBACK. Madam President, the first Continental Congress. derstand the risks and sacrifices made I rise today to discuss this recent Fed- In 1779, the Congress urged the Na- both by those who founded our nation eral court of appeals ruling on the tion ‘‘humbly to approach the throne and fought for its principles—and by Pledge of Allegiance and to express of almighty God,’’ to ask ‘‘that he with my colleagues the universal out- those who continue to do so today. would establish the independence of It is why today I thank Frank Bel- rage of the court’s ruling today, and these United States upon the basis of the delight with how we have joined to- lamy, who wrote this beautiful poem religion and virtue.’’ that our Pledge was based upon in 1892 gether so quickly, and I express this on Just 2 years later, Congress passed behalf of all Americans that we believe when he lived in my home state of Kan- ‘‘The Congressional Decree of 1781’’: sas in the small town of Cherryvale. ‘‘In God We Trust.’’ We believe that Whereas, it hath pleased Almighty God, this is a nation under God. We believe And why I thank those sincere leaders the father of mercies, remarkably to assist who in 1954 sought to reaffirm, as the in what is placed on the mantel above and support the United States of America in the Senate Chamber, ‘‘In God We their important struggle for liberty, against Declaration of Independence first de- Trust.’’ Our very Constitution itself the long continued efforts of a powerful na- clared, our ‘‘firm Reliance on the Pro- tection of divine Providence.’’ signs off using the word, ‘‘Lord.’’ tion: it is the duty of all ranks to observe On a side note, Madam President, we Can we declare the Constitution un- and thankfully acknowledge the interposi- tions of his Providence in their behalf. have people every day who seek to constitutional? I guess it would be a le- Through the whole of the context, from its emulate the model after the United gitimate question to ask the Ninth Cir- first rise to this time, the influence of Divine States, thankfully. It is a great coun- cuit Court of Appeals. Is the Constitu- Providence may be clearly perceived in try. It is a country that stood for so tion unconstitutional? Our Declaration many signal instances, of which we mention much freedom for people around the of Independence refers to God multiple but a few. world, people such as Mi-Hwa Rhyu and times including saying that our certain An unconstitutional act? Sol-Hee Rhyu, a mother and daughter unalienable rights are endowed by our The founders also inscribed on the captured by police in Asia today, North Creator. seal of our nation the Latin phrase, Korean refugees seeking to flee North George Washington’s Farewell Ad- ‘‘Annuit Ceoptis’’—translated as ‘‘God Korea and get to someplace like the dress, which is read in the House and favors our undertakings.’’ United States, to be free and be able to Senate each year, refers to God and This belief infused those courageous live in a nation that honors God. They faith and religion. Abraham Lincoln’s risk-takers then when they faced an are now being detained and probably Gettysburg Address uses the word unimaginable and seemingly insur- sent back to a country that does not ‘‘God,’’ proclaiming that this Nation mountable undertaking—and it in- honor God—North Korea—that does under God shall have a new birth of spires many of us today, especially as not believe, to suffer an ill fate there. freedom. Booker T. Washington repeat- we face an unimaginable and seemingly Yet people yearn to be free, to come edly referred to God when speaking. insurmountable undertaking in chal- into a place that says, ‘‘In God we Even Elizabeth Cady Stanton and So- lenging terrorists around the world. trust.’’ And they are willing to risk journer Truth referred to God in their Indeed, according to the 9th Circuit, their lives to come into a place such as writings and speeches. Will it now be it would be illegal to teach children this. Countries seek to emulate our unconstitutional to teach American about President Bush’s address to Con- great land. history to our children, to require gress following the terrorist attacks. Why, why, why will we seek to re- them to read some of the words of the That’s not just sad, it is an injustice move the foundation of all those basic great men and women of our Nation be- to our children, our nation and our beliefs that we have? I tell our school- cause they mention God? Will those government. It cries out for logic and children not only is it wrong but un- have to be stricken from all of the commonsense—but clearly this Court constitutional to say ‘‘under God’’ or speeches of Lincoln and Washington has neither. Although I am not sur- ‘‘in God.’’ and Martin Luther King? Will it have prised—it turns out that in recent I pledge allegiance to the flag of the to be taken out of the Declaration of years, more than 80 percent of the rul- United States of America, and to the

VerDate jun 06 2002 23:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.124 pfrm15 PsN: S26PT2 B034 Case:S6110 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 81 Date— SENATE Filed: 05/05/2010 EntryJune ID: 26, 5443428 2002 Republic for which it stands, one na- philosophy, I think, that is dangerous They said: tion under God, indivisible, with lib- to liberty. If you care about the Con- Another interesting phenomenon is that erty and justice for all. stitution, really respect the Constitu- the Supreme Court unanimously agrees—— I yield the floor. tion, as Professor Van Alstyne, of Duke That means the U.S. Supreme Court, Mr. LEVIN. I suggest the absence of University, one time said: If you re- a quorum. across the political spectrum, unani- spect the document, you will enforce mously agrees that the Ninth Circuit The PRESIDING OFFICER. The it, the good and bad parts. You will en- was wrong 17 times during the 1996–1997 clerk will call the roll. force the parts you do not agree with, term. This is a fairly remarkable The assistant legislative clerk pro- if you love, respect, and revere the record considering that the rest of the ceeded to call the roll. Constitution. Mr. SESSIONS. Madam President, I The way to erode the power of the circuits combined logged in with only ask unanimous consent the order for Constitution to protect our liberties is 20 unanimous votes, 7 of which were af- the quorum call be dispensed with. to start playing around with the mean- firmative. The PRESIDING OFFICER. Without ing of words, just redefining those We have liberals and conservatives objection, it is so ordered. words, and they come to mean what- on the U.S. Supreme Court, and 13 of Mr. SESSIONS. Madam President, we ever a judge says they do. That is a these cases were unanimous reversals have been discussing with some passion particularly pernicious thing because, of the Ninth Circuit. this afternoon, the ruling of the Ninth you see, judges are not accountable. This article goes on to say that only Circuit Court of Appeals on the Pledge Federal judges are not accountable to 13 unanimous reversals were found of Allegiance, their ruling that the the public. They are given a lifetime throughout the rest of the United Pledge of Allegiance violates the Con- appointment. States but 17 in the Ninth Circuit. stitution of the United States. I think The one thing we have is a moment So that is the problem for us. We it is important for us to note that this in time to review their record, to make need to be concerned about it. is not a total surprise, although it has sure they are committed to follow the I opposed two judges I sincerely be- been a surprise. It should not have been Constitution. We vote on them in the lieved were good people but who clear- a total surprise, let me say, because we Senate, they are confirmed or not, and ly—I had concluded clearly—had activ- have had a number of decisions by they go on to serve, and then they are ist tendencies. And I was particularly courts in America that have lost sight there forever. concerned when President Clinton of the balance contained in the first I think from a point of view of a de- pushed those nominees because they amendment and have rendered opinions mocracy, our judges must show self-re- were going to this circuit that has been that go beyond the intent of the Fram- straint. That is what President Bush out of step. ers of the Constitution. has talked about in his judicial nomi- When we say go beyond the intent of nees—finding judges who follow the We have to understand why we need the Framers, that is really not quite law, for the layman. Not make up law, to confirm judges who will consistently strong enough. The Constitution starts not expand law, not make it say what follow the law, whether they like it or off saying: they think the American people want not. That is what President Bush cam- We the People of the United States, in it to say today—even though they may paigned on; that is what he promised to Order to form a more perfect Union, estab- be correct. They may not be correct. do. That is what he has been submit- lish Justice, insure domestic Tranquility, They do not have the power to do that. ting—men and women of the highest provide for the common defense, promote the It is an antidemocratic act when an possible integrity, and high legal abil- general Welfare, and secure the Blessings of ity. These men and women are clear in Liberty to ourselves and our Posterity, do unelected, lifetime-appointed judge simply takes a political view and im- their record as being people who just ordain and establish this Constitution for follow the law, whether they like it or the United States of America. poses that through the reinterpreta- tion of words. not. That is what we expect out of a We, the people, ordain and establish judge. It is important or it undermines this Constitution—the one that we I remember Hodding Carter, Presi- dent Carter’s aide, was on ‘‘Meet The democracy otherwise. have, not one somebody would like it I wanted to mention that. to be, not one that they wish it would Press.’’ He used to be on there regu- I also want to discuss just briefly the be, but the one that we ordained, larly. One time he said: We liberals trouble we are having throughout the passed, the one that was ratified by the have gotten to the point where we court system of America. The U.S. Su- people of the United States. want the courts to do for us that which Over the years, we have amended we can no longer win at the ballot box. preme Court is not blameless in this I think that touched a nerve, really. that Constitution, as we have chosen issue. Somehow they have got it in I think that is too close to what I to do so, from time to time. That is the their heads that virtually any expres- think is a problem in the legal system way it should be amended. What the sion of religious faith in a public activ- today. Constitution does not give is the power ity violates the Constitution. We have I don’t expect the courts to carry out problems with valedictorians making to judges to amend the Constitution. my political agenda. I want them just Some judges say: We will just redefine speeches out of their own hearts. They to enforce the law. I will be satisfied cannot say certain things because we the Constitution. We are just matching with that. As one professor testified it up with modern, enlightened stand- have gotten to that point, as I men- with regard to the Bush nominees: If tioned earlier. ards. They may have meant that back you appoint a nominee who says he is then, but we want to reinterpret it That was criticized by Judge Griffin going to be faithful and in fact he is Bell, former Attorney of the United today in the light of the standards and consistently faithful to the meaning of values that we have. States under President Carter. Judge the words in the statutes and the Con- Bell said we ought to have a litmus And whose standards and values are stitution, then what do we have to fear they? It is the standards and values of test. Nobody ought to serve on the of that? How does that threaten us? Court who doesn’t believe in prayer at the judge. What does threaten us is if a judge football games. I was very troubled about this recent goes beyond that. I have been a big How did we get to this point? How did ruling, the way it occurred, involving critic of the Ninth Circuit. I have spo- we get to the point that a voluntary the death penalty law with regard to ken in this body more on this subject prayer—you don’t have to bow your retarded individuals. The Court seemed than any other Senator. to say that they had divined, somehow, I have been shocked by the rate of re- head. There is no requirement that that the American people had evolved versals they have had. anybody has to do anything before in their thinking and, therefore, the Senator BROWNBACK from Kansas had football games. We take a minute, and laws their legislatures had passed were something to say about that. somebody says a little prayer that ac- not valid anymore; that they could not There was a Law Review article pub- knowledges something more important execute people who were retarded. lished recently that went into even than who is the toughest football play- However you feel about that, that is more detail. The University of Oregon er on the field. I don’t think there is a dangerous philosophy, but it is a phi- Law Review discussed this particularly anything wrong with that. I don’t be- losophy afoot in America today. It is a troublesome trend. lieve that violates anybody’s right.

VerDate jun 06 2002 01:30 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.128 pfrm15 PsN: S26PT2 B035 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 82 Date— SENATE Filed: 05/05/2010 Entry ID:S6111 5443428 Just as I believe I should respect The Supreme Court said some things So my concern is that we would be in somebody who has a different faith over the years. In recent years—during error if we simply stood up and said than mine, just as I am required to re- the last 50 or 70 years—they have been that the Ninth Circuit made a mistake spect the person who believes in no God inconsistent about it. I think that has and somehow it is all going to get cor- whatsoever, and to have a decent re- given some circuits, like the Ninth Cir- rected. There are Members of this body spect for the opinions of others who cuit, and some judges the opportunity who have advocated aggressively for would say to me: If we want to have a to perhaps run with some liberty to go these kinds of opinions. There are little prayer and everybody wants to further than I hope the Supreme Court Members of this body who have fought have a little prayer, it is not going to wants them to go. But the Supreme hard to confirm the kind of judges who bother me. I don’t believe in God any- Court has some fault here. We have had render these rulings. way. Let them have it. a long period of these kinds of opinions In fact, this ruling, I assume, is going It is a part of our culture. It is not le- that go beyond reason, in my view. to be compatible with the views, prob- gitimate, in my view, for the Supreme For example, in Lynch v. Donnelly, ably, of a majority of law professors in Court or its subsidiary courts to come the U.S. Supreme Court in 1984 recog- America today—maybe not, hopefully in and declare that it is in violation of nized ‘‘an unbroken history of official not—but a whole lot of them because the Constitution. After all, what does acknowledgment by all three branches that is what a lot of the people think. the Constitution say? The first amend- of government of the role of religion in We have had a radicalized version of ment is the only reference to religion. American life from at least 1789.’’ the establishment clause that is being It says Congress shall make no law And it adds, ‘‘Our history is replete taught, that has been adopted, and in respecting the establishment of a reli- with official references to the value significant part adopted by the Su- gion or prohibit the free exercise there- and invocation of Divine guidance in preme Court. So they have a problem of. That is what the Constitution says. the deliberation and pronouncements now, as I see it. They are going to have There is nothing in the Constitution of the Founding Fathers and contem- to deal with this. about a law of separation between porary leaders.’’ They say a schoolchild cannot say a church and state. We just have to be relaxed here, and prayer, cannot express religious faith Thomas Jefferson wrote a letter to be natural in our understanding of through a prayer that nobody has to the Baptist Association not long before what we mean by not establishing a re- listen to, but we can chisel on a wall of he died in which he expressed an opin- ligion. the Senate: ‘‘In God we trust.’’ They are saying we can have paid ion that there ought to be a wall of We also do not need to forget the free chaplains in this Senate and in the separation. What he meant by that, exercise clause of the first amendment Armed Forces by the taxpayers of the who knows? But judges have seized on that we shall not be denied the free ex- United States, but nonmandatory, free that and rendered these opinions, many ercise of our religion. That is of equal expressions of faith all over the coun- of them citing that quote as if it is value with nonestablishment of reli- try they strike down in many different somehow part of the Constitution. But gion. the American people didn’t ratify that. ways. Other things are important. So I think they have a problem. I They ratified the Constitution. That is Engraved on the top of the Wash- the law of the land. What he wrote in a hope this Supreme Court will reevalu- ington Monument are the words ate what they have done. I hope they letter before he died is of no benefit in ‘‘Praise be to God.’’ interpreting the Constitution—or a will go back to the 1940s and 1950s, and I suppose the judges out there that all the century and a half of the found- minuscule benefit, if any. rendered the opinion are going to have In fact, Thomas Jefferson wasn’t ing of this country, and follow that his- to take a chisel up there and go after even at the Constitutional Convention tory of jurisprudence. If they do so, it. when they were drafting the Constitu- they can get us out of this thicket. The Tomb of the Unknown Soldier: tion. He was off in France. What we simply need to do is to re- We are off base here. Somehow, under At that tomb are these words engraved: spect other people’s religion. If a group the idea that we have raised the estab- ‘‘Here rests in honored glory an Amer- of kids want to have a little prayer, so lishment clause higher than all reason ican soldier known but to God.’’ Is be it. Let’s let them have it. It does not dictates that it be raised, we are saying somebody going to take the chisel to hurt me. I do not think it hurts any- anything that expresses religious faith that? body else. That is the way I was raised: publicly is somehow an establishment Let me mention this final quote. It to respect people’s faith, and not to of a religion. But everybody who knows shows how, in the middle of this past denigrate someone else’s faith when the history of the deal understands century, we were not so far out of sync they do not agree with you. that Virginia had an established about what the first amendment really I hope that as we go through this church, and England had the estab- means. whole debate, this resolution will have lished Church of England—the Angli- Justice William O. Douglas, whom some impact. I doubt it will have can Church, the Episcopal Church. many would recognize as perhaps the much. But I hope in the course of re- Other countries had the Catholic most liberal member ever to serve on sponding to this opinion, which is, un- Church as the established church. We the Court—certainly one of the most, fortunately, too consistent with some didn’t establish a church. No church maybe, radical members of the Court; of the rulings of courts in America, was going to be given preferential his background was quite unusual, but that we will once again reattach our- treatment over another one. he was a brilliant man—he wrote many selves to the great historic principles That is what the Constitution was all interesting opinions. This one, writing of America that venerate respect and about. That cannot be denied, in my for the majority on the Court, in 1952, further and nourish religious faith, not view. in Zorach v. Clauson, he stated this: attempt to eliminate it from public Congress shall pass no law respecting The First Amendment . . . does not say life, but, at the same time, not allow the establishment of a religion. that in every and all respects there should be anybody to impose their will on some- That is what the Founding Fathers a separation of Church and State. . . . Other- body else. wanted to prohibit. They didn’t want wise the state and religion would be aliens to I think we can reach that balance. I to prohibit nor want to go back and each other—hostile, suspicious, and even un- think we can show courtesy to one an- strike the language from the Declara- friendly. . . . Prayers in our legislative halls; other. I hope we will be able to do so. the appeals to the Almighty in the messages tion of Independence, for Heaven’s of the Chief Executive; the proclamations If we do, America will be better off for sake. making Thanksgiving Day a holiday; ‘‘so it. It is time for us to get to the bot- For 150 years, we never had a prob- help me God’’ in our courtroom oaths—these tom of it, confront the issues honestly, lem with this. We rolled on—no prob- and all other references to the Almighty and head on, and maybe we can make lem. We have chaplains. We have that run through our laws, our public rit- some improvements. thanksgiving days. We have all kinds uals, our ceremonies would be flouting the Mrs. CLINTON. Mr. President, I am of things occurring that reflect an ac- First Amendment. surprised and offended by the decision knowledgment in general terms of reli- If that were the way we were going to of the Appeals Court of the Ninth Cir- gious beliefs, and of a higher being. interpret it. He is exactly correct. cuit and hope that it will be promptly

VerDate jun 06 2002 23:06 Jun 27, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.132 pfrm15 PsN: S26PT2 B036 Case:S6112 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 83 Date— SENATE Filed: 05/05/2010 EntryJune ID: 26, 5443428 2002 appealed and overturned. I believe that ators to say the pledge each day, it’s NATIONAL DEFENSE AUTHORIZA- the Court has misinterpreted the in- good enough for America’s school chil- TION ACT FOR FISCAL YEAR tent of the Framers of the Constitution dren to do the same. 2003—Continued and has sought to undermine one of the There are countless more examples of AMENDMENT NO. 4111, AS MODIFIED bedrock values of our democracy, that religion in American public life. The Mr. REID. Mr. President, I ask unan- we are indeed ‘‘one nation under God,’’ First Congress enacted the Northwest imous consent the previously agreed to as embodied in the Pledge of Alle- Ordinance, which provided that ‘‘reli- Lott amendment, No. 4111, be modified giance to the flag of the United States gion, morality, and knowledge, being with the changes that are now at the of America. necessary to good government and the desk. While our men and women in uniform happiness of mankind, schools and the The PRESIDING OFFICER. Is there are battling overseas and defending us means of education shall forever be en- objection? here at home to preserve the freedom couraged.’’ President George Wash- Without objection, it is so ordered. that we all cherish for our country and ington offered a prayer at his First In- The amendment (No. 4111), as modi- its citizens, we should never forget the augural Address. Many of our nation’s fied, is as follows: blessings of Divine Providence that un- Founding Fathers and Framers of our On page 100, between lines 3 and 4, insert dergird our Nation. That includes the the following: freedom to recite the pledge of alle- Constitution commented publicly and SEC. 503. REINSTATEMENT OF AUTHORITY TO RE- giance in our Nation’s schools. I can privately about the values and importance of religion in American public DUCE SERVICE REQUIREMENT FOR only imagine how they will feel about RETIREMENT IN GRADES ABOVE O-4 life. Our armed services provide chap- this decision as they risk their lives for (a) OFFICERS ON ACTIVE DUTY.—Subsection our values. lains, priests and rabbis. The U.S. (a)(2)(A) of section 1370 of title 10, United And the children of America, who House of Representatives and the U.S. States Code, is amended— share a bond with each other and with Senate begin each day with an opening (1) by striking ‘‘may authorize’’ and all prayer. For this court to single out the that follows and inserting ‘‘may, in the case our Nation by reciting the pledge each of retirements effective during the period be- day, what effect will a decision like pledge for including the phrase ‘‘One Nation, Under God,’’ is simply incred- ginning on September 1, 2002, and ending on this have on them? It will cause them December 31, 2004, authorize—’’; and to wonder about the ways in which our ible. (2) by adding at the end the following: beliefs can be stretched, our heritage Nobody’s forcing school children to ‘‘(1) the Deputy Under Secretary of Defense can be assaulted. It is the wrong deci- recite the pledge. What we want, and for Personnel and Readiness to reduce such sion, and it is an unfair decision, espe- what millions of parents want, is to 3-year period of required service to a period cially unfair to those who defend our not less than two years for retirements in simply give American children the grades above colonel or, in the case of the Nation, and to the young people who chance to pledge allegiance to our Flag Navy, captain; and will inherit our Nation’s future. and to everything that it represents: ‘‘(2) the Secretary of a military depart- Ours is a Nation founded by people of patriotism, sacrifice, courage, justice, ment or the Assistant Secretary of a mili- faith. People of faith have helped lead perseverance. The list goes on. tary department having responsibility for some of the most significant move- manpower and reserve affairs to reduce such ments of social justice throughout our Now, more than ever, we should en- 3-year period to a period of required service history: to end slavery, to win civil courage our young people to learn and not less than two years for retirements in rights for all Americans. No one is re- respect the patriotic values embodied grades of lieutenant colonel and colonel or, quired to have faith, and our Govern- in our Flag, the symbol of our country, in the case of the Navy, commander and cap- and in the Pledge of Allegiance. tain.’’. ment does not impose faith on its citi- (b) RESERVE OFFICERS.—Subsection (d)(5) zens. But ours is the most faith-filled Mr. HOLLINGS. Mr. President, the of such section is amended— nation on Earth, and there is no moral judges who today declared the Pledge (1) in the first sentence— or constitutional argument why our of Allegiance unconstitutional because (A) by striking ‘‘may authorize’’ and all Pledge of Allegiance cannot acknowl- of the words ‘‘under God’’ threw out that follows and inserting ‘‘may, in the case edge our commonly held belief that reason and common sense and misread of retirements effective during the period be- ours is one nation, under God, indivis- the Constitution. What we are left with ginning on September 1, 2002, and ending on ible, with liberty and justice for all. December 31, 2004, authorize—’’; and is an absurd result. (B) by adding at the end the following: I am honored to support S. 292, the The first amendment of the Constitu- ‘‘(A) the Deputy Under Secretary of De- Pledge of Allegiance resolution, and I tion allows for not only freedom of reli- fense for Personnel and Readiness to reduce hope that the rule of law will be upheld gion, but freedom to exercise religion. such 3-year period of required service to a pe- by an ultimate rejection of this wrong- It is ludicrous that we can’t say ‘‘under riod not less than two years for retirements headed decision of the Ninth Circuit in grades above colonel or, in the case of the God.’’ Using these judges’ twisted Court of Appeals. Navy, captain; and logic, ‘‘In God We Trust’’ couldn’t be Mr. SMITH of New Hampshire. Mr. ‘‘(B) the Secretary of a military depart- on coins, and we would have to edit the President, I am outraged with the deci- ment or the Assistant Secretary of a mili- sion by the 9th U.S. Circuit Court of Declaration of Independence because it tary department having responsibility for manpower and reserve affairs to reduce such Appeals that the Pledge of Allegiance says that all men are ‘‘endowed by their Creator.’’ 3-year period of required service to a period is unconstitutional because it contains not less than two years for retirements in the words ‘‘Under God.’’ When reason, common sense, and the grades of lieutenant colonel and colonel or, The pledge is part of the fabric of our correct interpretation of the Constitu- in the case of the Navy, commander and cap- society, a wonderful tradition that is tion return, this opinion will be retain.’’; observed in thousands of schools each versed. (2) by designating the second sentence as paragraph (6) and realigning such paragraph, day by millions of school children. I thank the Chair and yield the floor For two activist judges to decide for as so redesignated 2 ems from the left mar- and suggest the absence of a quorum. thousands of schools and thousands of gin; and (3) in paragraph (6), as so redesignated, by The PRESIDING OFFICER (Mr. NEL- parents that their children can’t recite striking ‘‘this paragraph’’ and inserting the pledge is the height of liberal intol- SON of Florida). The clerk will call the ‘‘paragraph (5)’’. erance and arrogance. roll. (c) ADVANCE NOTICE TO THE PRESIDENT AND The Declaration of Independence The assistant legislative clerk pro- CONGRESS.—Such section is further amended talks about our Creator. Our coins and ceeded to call the roll. by adding at the end the following new sub- dollars have ‘‘In God We Trust’’ im- section: printed on them. Our public officials Mr. REID. Mr. President, I ask unan- ‘‘(e) ADVANCE NOTICE TO CONGRESS.—(1) take their oath on the Bible. The Ten imous consent that the order for the The Secretary of Defense shall notify the quorum call be rescinded. Committees on Armed Services of the Senate Commandments is posted in the U.S. and House of Representatives of— Supreme Court. The House and Senate The PRESIDING OFFICER (Mr. MIL- ‘‘(A) an exercise of authority under para- start off each day with the Pledge of LER). Without objection, it is so or- graph (2)(A) of subsection (a) to reduce the 3- Allegiance. If it’s good enough for Sen- dered. year minimum period of required service on

VerDate jun 06 2002 01:30 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.140 pfrm15 PsN: S26PT2 B037 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 84 Date— SENATE Filed: 05/05/2010 Entry ID:S6127 5443428 S. 2681. A bill to provide for safe equestrian Mr. NELSON of Nebraska, Mr. NICK- come averaging for backpay and helmets, and for other purposes; to the Com- LES, Mr. REED, Mr. ROBERTS, Mr. frontpay awards received on account of mittee on Commerce, Science, and Transpor- ROCKEFELLER, Mr. SANTORUM, Mr. such claims, and for other purposes. tation. SARBANES, Mr. SCHUMER, Mr. SES- S. 1132 By Mr. THOMPSON: SIONS, Mr. SHELBY, Mr. SMITH of New S. 2682. A bill to provide for reliquidation Hampshire, Mr. SMITH of Oregon, Ms. At the request of Mr. CRAPO, the and payment of antidumping duties on cer- SNOWE, Mr. SPECTER, Ms. STABENOW, name of the Senator from Louisiana tain entries of televisions; to the Committee Mr. STEVENS, Mr. THOMAS, Mr. (Ms. LANDRIEU) was added as a cospon- on Finance. THOMPSON, Mr. THURMOND, Mr. sor of S. 1132, a bill to amend the Fed- By Mr. HUTCHINSON: TORRICELLI, Mr. VOINOVICH, Mr. eral Food, Drug, and Cosmetic Act re- S. 2683. A bill to amend the Internal Rev- WELLSTONE, and Mr. WYDEN): lating to the distribution chain of pre- enue Code of 1986 to clarify that church em- S. Res. 292. A resolution expressing support scription drugs. ployees are eligible for the exclusion for for the Pledge of Allegiance; considered and qualified tuition reduction programs of char- agreed to. S. 1379 itable educational organizations; to the By Mr. CAMPBELL (for himself, Mr. At the request of Mr. KENNEDY, the Committee on Finance. DODD, Mr. FEINGOLD, Mrs. CLINTON, name of the Senator from Minnesota By Mrs. CLINTON: and Mr. WELLSTONE): (Mr. WELLSTONE) was added as a co- S. 2684. A bill to amend the Atomic Energy S. Con. Res. 124. A concurrent resolution sponsor of S. 1379, a bill to amend the Act of 1954 to establish a task force to iden- condemning the use of torture and other Public Health Service Act to establish tify legislative and administrative action forms of cruel, inhumane, or degrading treat- an Office of Rare Diseases at the Na- that can be taken to ensure the security of ment or punishment in the United States tional Institutes of Health, and for sealed sources of radioactive material, and and other countries, and expressing support for other purposes; to the Committee on En- for victims of those practices; to the Com- other purposes. vironment and Public Works. mittee on the Judiciary. S. 1394 By Mr. ROCKEFELLER: At the request of Mr. ENSIGN, the f S. 2685. A bill to amend the Black Lung names of the Senator from Nevada (Mr. Benefits Act, and for other purposes; to the ADDITIONAL COSPONSORS REID) and the Senator from Illinois Committee on Health, Education, Labor, and (Mr. DURBIN) were added as cosponsors S. 351 Pensions. of S. 1394, a bill to amend title XVIII of By Mr. GRASSLEY (for himself and At the request of Ms. COLLINS, the the Social Security Act to repeal the Mr. LEVIN): name of the Senator from Maine (Ms. medicare outpatient rehabilitation S. 2686. A bill to strengthen national secu- SNOWE) was added as a cosponsor of S. therapy caps. rity by providing whistleblower protections 351, a bill to amend the Solid Waste to certain employees at airports, and for Disposal Act to reduce the quantity of S. 1523 other purposes; to the Committee on Com- mercury in the environment by lim- At the request of Mrs. FEINSTEIN, the merce, Science, and Transportation. name of the Senator from Illinois (Mr. By Mr. MURKOWSKI: iting use of mercury fever thermom- DURBIN) was added as a cosponsor of S. S. 2687. A bill to facilitate the extension of eters and improving collection, recy- 1523, a bill to amend title II of the So- the Alaska Railroad for national defense pur- cling, and disposal of mercury, and for poses; to the Committee on Commerce, other purposes. cial Security Act to repeal the Govern- Science, and Transportation. ment pension offset and windfall elimi- S. 367 By Ms. LANDRIEU (for herself and Mr. nation provisions. At the request of Mrs. BOXER, the ALLEN): S. 2108 name of the Senator from Michigan S.J. Res. 39. A joint resolution proposing At the request of Ms. STABENOW, the (Mr. LEVIN) was added as a cosponsor of an amendment to the Constitution of the name of the Senator from South Da- United States relative to the reference to S. 367, a bill to prohibit the application kota (Mr. JOHNSON) was added as a co- God in the Pledge of Allegiance and on of certain restrictive eligibility re- sponsor of S. 2108, a bill to amend the United States currency; to the Committee on quirements to foreign nongovern- Agriculture and Consumer Protection the Judiciary. mental organizations with respect to Act of 1973 to assist the neediest of sen- f the provision of assistance under part I ior citizens by modifying the eligibility of the Foreign Assistance Act of 1961. SUBMISSION OF CONCURRENT AND criteria for supplemental foods pro- SENATE RESOLUTIONS S. 556 vided under the commodity supple- At the request of Mr. JEFFORDS, the The following concurrent resolutions mental food program to take into ac- name of the Senator from Oregon (Mr. and Senate resolutions were read, and count the extraordinarily high out-of- WYDEN) was added as a cosponsor of S. referred (or acted upon), as indicated: pocket medical expenses that senior 556, a bill to amend the Clean Air Act citizens pay, and for other purposes. By Mr. DASCHLE (for himself, Mr. to reduce emissions from electric pow- S. 2194 LOTT, Mr. BYRD, Mr. LEAHY, Mr. erplants, and for other purposes. WARNER, Mr. REID, Mr. BINGAMAN, At the request of Mr. MCCONNELL, Mr. JOHNSON, Mr. DEWINE, Mr. S. 611 the name of the Senator from Colorado MCCAIN, Mr. AKAKA, Mr. ALLARD, Mr. At the request of Ms. MIKULSKI, the (Mr. CAMPBELL) was added as a cospon- ALLEN, Mr. BAUCUS, Mr. BAYH, Mr. name of the Senator from Ohio (Mr. sor of S. 2194, a bill to hold accountable BENNETT, Mr. BIDEN, Mr. BOND, Mrs. DEWINE) was added as a cosponsor of S. the Palestine Liberation Organization BOXER, Mr. BREAUX, Mr. BROWNBACK, 611, a bill to amend title II of the So- and the Palestinian Authority, and for Mr. BUNNING, Mr. BURNS, Mr. CAMP- cial Security Act to provide that the other purposes. BELL, Ms. CANTWELL, Mrs. CARNAHAN, Mr. CARPER, Mr. CHAFEE, Mr. reduction in social security benefits S. 2268 CLELAND, Mrs. CLINTON, Mr. COCHRAN, which are required in the case of At the request of Mr. MILLER, the Ms. COLLINS, Mr. CONRAD, Mr. spouses and surviving spouses who are names of the Senator from Pennsyl- CORZINE, Mr. CRAIG, Mr. CRAPO, Mr. also receiving certain Government pen- vania (Mr. SANTORUM) and the Senator DAYTON, Mr. DODD, Mr. DOMENICI, Mr. sions shall be equal to the amount by from North Carolina (Mr. HELMS) were DORGAN, Mr. DURBIN, Mr. EDWARDS, which two-thirds of the total amount added as cosponsors of S. 2268, a bill to Mr. ENSIGN, Mr. ENZI, Mr. FEINGOLD, of the combined monthly benefit (be- amend the Act establishing the Depart- Mrs. FEINSTEIN, Mr. FITZGERALD, Mr. fore reduction) and monthly pension FRIST, Mr. GRAHAM, Mr. GRAMM, Mr. ment of Commerce to protect manufac- GRASSLEY, Mr. GREGG, Mr. HAGEL, exceeds $1,200, adjusted for inflation. turers and sellers in the firearms and Mr. HARKIN, Mr. HATCH, Mr. HELMS, S. 917 ammunition industry from restrictions Mr. HOLLINGS, Mr. HUTCHINSON, Mrs. At the request of Ms. COLLINS, the on interstate or foreign commerce. HUTCHISON, Mr. INHOFE, Mr. INOUYE, name of the Senator from New York S. 2317 Mr. JEFFORDS, Mr. KENNEDY, Mr. (Mrs. CLINTON) was added as a cospon- At the request of Mr. DURBIN, the KERRY, Mr. KOHL, Mr. KYL, Ms. sor of S. 917, a bill to amend the Inter- name of the Senator from Nevada (Mr. LANDRIEU, Mr. LEVIN, Mr. NSIGN LIEBERMAN, Mrs. LINCOLN, Mr. nal Revenue Code of 1986 to exclude E ) was added as a cosponsor of S. LUGAR, Mr. MCCONNELL, Ms. MIKUL- from gross income amounts received on 2317, a bill to provide for fire safety SKI, Mr. MILLER, Mr. MURKOWSKI, account of claims based on certain un- standards for cigarettes, and for other Mrs. MURRAY, Mr. NELSON of Florida, lawful discrimination and to allow in- purposes.

VerDate jun 06 2002 02:09 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.097 pfrm15 PsN: S26PT2 B038 Case:June 09-2473 26, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 85 Date— SENATE Filed: 05/05/2010 Entry ID:S6131 5443428 The extension will allow materials to (g) Because Congress originally authorized (12) Prior and established traditional uses. be shipped to Alaska by sea to be 1,000 miles of rail line to be built in Alaska, (d) the Secretary may, as part of the cor- transferred to the railroad and carried and because the system today covers only ridor identification, include issues related to all the way to the vicinity of the de- approximately half that distance, substan- the further extension of such corridor to a tially limiting its beneficial effect on the connection with the nearest appropriate ter- fense project by rail. This is pref- economy of Alaska and the nation, it is ap- minus of the North American rail network in erential to being loaded, unloaded, propriate to support the expansion of the Canada. loaded on long-distance trucks, un- Alaska system to ensure the originally SEC. 4. NEGOTIATION AND LAND TRANSFER. loaded, and loaded again when they planned benefits are achieved; (a) The Secretary of the Interior shall— move to the actual work site. (h) Alaska has an abundance of natural re- (1) upon completion of the corridor identi- The bill provides for the Secretary of sources, both material and aesthetic, access fication in Sec. 3, negotiate the acquisition the Interior, working with other agen- to which would significantly increase Alas- of any lands in the corridor which are not cies as appropriate and necessary, to ka’s contribution to the national economy; federally owned through an exchange for (i) Alaska contains many key national de- lands of equal or greater value held by the identify and acquire all of the lands fense installations, including sites chosen for federal government elsewhere in Alaska; and necessary for this modest rail line ex- the construction of the first phase of the Na- (2) upon completion of the acquisition of tension of approximately 80 miles. tional Missile Defense system, the cost of lands under paragraph (1), the Secretary Where those lands are held by other en- which could be significantly reduced if rail shall convey to the Alaska Railroad Corpora- transportation were available for the move- tities, there will be a fair exchange for tion, subject to valid existing rights, title to ment of materials necessary for construction lands held elsewhere. Once the entire the lands identified under Section 3 as nec- and for the secure movement of launch vehi- route has been acquired, the lands will essary to complete the national defense rail- cles, fuel and other operational supplies; be transferred to the Alaska Railroad road-utility corridor, on condition that the (j) The 106th Congress recognized the po- Alaska Railroad Corporation construct in under the same circumstances that tential benefits of establishing a rail connec- the corridor an extension of the railroad sys- have been used previously under the tion to Alaska by enacting legislation to au- tem to the vicinity of the proposed national Alaska Railroad Transfer Act. thorize a U.S. -Canada bilateral commission missile defense installation at Fort Greely, This is a very important step toward to study the feasibility of linking the rail Alaska, together with such other utilities, ensuring the most economical possible system in Alaska to the nearest appropriate including but not limited to fiber-optic approach to this major project, and I point in Canada of the North American rail transmission lines and electrical trans- urge my colleagues support. network; and (k) In support of pending bilateral activi- mission lines, as it considers necessary and I ask unanimous consent that the appropriate. The Federal interest in lands text of the bill be printed in the ties between the United States and Canada, it is appropriate for the United States to un- conveyed to the Alaska Railroad Corporation RECORD. under this Act shall be the same as in lands There being no objection, the bill was dertake activities relating to elements within the United States. conveyed pursuant to the Alaska Railroad ECORD Transfer Act (45 USC 1201 et seq.). ordered to be printed in the R , as SEC. 3. IDENTIFICATION OF NATIONAL DEFENSE follows: RAILROAD-UTILITY CORRIDOR. SEC. 5. APPLICABILITY OF OTHER LAWS. S. 2687 (a) Within one year from the date of enact- Actions authorized in this Act shall pro- Be it enacted by the Senate and House of Rep- ment of this Act, the Secretary of the Inte- ceed immediately and to conclusion not resentatives of the United States of America in rior, in consultation with the Secretary of withstanding the land-use planning provi- Congress assembled, Transportation, the State of Alaska and the sions of Section 202 of the Federal Land Pol- SECTION 1. SHORT TITLE. Alaska Railroad Corporation, shall identify a icy and Management Act of 1976, P.L. 94–579. This act may be cited as the ‘‘National De- proposed national defense railroad-utility SEC. 4. AUTHORIZATION OF APPROPRIATIONS. fense Rail Connection Act of 2002.″ corridor linking the existing corridor of the There are authorized to be appropriated SEC. 2. FINDINGS. Alaska Railroad to the vicinity of the pro- such sums as may be necessary to carry out (a) A comprehensive rail transportation posed National Missile Defense facilities at the provisions of this Act. Fort Greely, Alaska. The corridor shall be at network is a key element of an integrated f transportation system for the North Amer- least 500 feet wide and shall also identify ican continent, and federal leadership is re- land for such terminals, stations, mainte- STATEMENTS ON SUBMITTED quired to address the needs of a reliable, nance facilities, switching yards, and mate- RESOLUTIONS safe, and secure rail network, and to connect rial sites as are considered necessary. all areas of the United States for national (b) The identification of the corridor under defense and economic development, as pre- paragraph (a) shall include information providing a complete legal description for and SENATE RESOLUTION 292—EX- viously done for the interstate highway sys- PRESSING SUPPORT FOR THE tem, the Federal aviation network, and the noting the current ownership of the proposed transcontinental railroad; corridor and associated land. PLEDGE OF ALLEGIANCE (b) The creation and use of joint use cor- (c) In identifying the corridor under paragraph (a), the Secretary shall consider, at a Mr. DASCHLE (for himself, Mr. ridors for rail transportation, fiber optics, LOTT, Mr. BYRD, Mr. LEAHY, Mr. WAR- pipelines, and utilities are an efficient and minimum, the following factors: NER, Mr. REID, Mr. BINGAMAN, Mr. appropriate approach to optimizing the na- (a) The proximity of national defense in- tion’s interconnectivity and national secu- stallations and national defense consider- JOHNSON, Mr. DEWINE, Mr. MCCAIN, Mr. rity; ations; AKAKA, Mr. ALLARD, Mr. ALLEN, Mr. (c) Government assistance and encourage- (2) The location of and access to natural BAUCUS, Mr. BAYH, Mr. BENNETT, Mr. resources that could contribute to economic ment in the development of the trans- BIDEN, Mr. BOND, Mrs. BOXER, Mr. continental rail system successfully led to development of the region; (3) Grade and alignment standards that are BREAUX, Mr. BROWNBACK, Mr. BUNNING, the growth of economically strong and so- commensurate with rail and utility con- Mr. BURNS, Mr. CAMPBELL, Ms. CANT- cially stable communities throughout the struction standards and that minimize the WELL, Mrs. CARNAHAN, Mr. CARPER, Mr. western United States; (d) Government assistance and encourage- prospect of at-grade railroad and highway CHAFEE, Mr. CLELAND, Mrs. CLINTON, ment in the development of the Alaska Rail- crossings; Mr. COCHRAN, Ms. COLLINS, Mr. (4) Availability of construction materials; road between Seward, Alaska and Fairbanks, (5) Safety; CONRAD, Mr. CORZINE, Mr. CRAIG, Mr. Alaska successfully led to the growth of eco- (6) Effects on and service to adjacent com- CRAPO, Mr. DAYTON, Mr. DODD, Mr. nomically strong and socially stable commu- munities and potential intermodal transpor- DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. nities along the route, which today provide tation connections; EDWARDS, Mr. ENSIGN, Mr. FEINGOLD, homes for over 70% of Alaska’s total popu- (7) Environmental concerns; Mrs. FEINSTEIN Mr. FITZGERALD, Mr. lation; (8) Use of public land to the maximum de- FRIST, Mr. GRAHAM, Mr. GRAMM, Mr. (e) While Alaska and the remainder of the gree possible; continental United States has been con- (9) Minimization of probable construction GRASSLEY, Mr. GREGG, Mr. HAGEL, Mr. nected by highway and air transportation, no costs; HARKIN, Mr. HATCH, Mr. HELMS, Mr. rail connection exists despite the fact that (10) An estimate of probable construction HOLLINGS, Mr. HUTCHINSON, Mrs. Alaska is accessible by land routes and is a costs and methods of financing such costs HUTCHISON, Mr. INHOFE, Mr. INOUYE, logical destination for the North American through a combination of private, state, and Mr. JEFFORDS, Mr. KENNEDY, Mr. rail system: federal sources; and KERRY, Mr. KOHL, Mr. KYL, Ms. (f) Rail transportation in otherwise iso- (11) Appropriate utility elements for the lated areas is an appropriate means of pro- corridor, including but not limited to petro- LANDRIEU, Mr. LEVIN, Mr. LIEBERMAN, viding controlled access, reducing overall leum product pipelines, fiber-optic tele- Mrs. LINCOLN Mr. LUGAR, Mr. MCCON- impacts to environmentally sensitive areas communication facilities, and electrical NELL, Ms. MIKULSKI Mr. MILLER, Mr. over other methods of land-based access; power transmission lines, and MURKOWSKI, Mrs. MURRAY Mr. NELSON

VerDate jun 06 2002 02:09 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.109 pfrm15 PsN: S26PT2 B039 Case:S6132 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 86 Date— SENATE Filed: 05/05/2010 EntryJune ID: 26, 5443428 2002 of Florida, Mr. NELSON of Nebraska, Whereas the prohibition against torture in (2) recognizes the United Nations Inter- Mr. NICKLES, Mr. REED, Mr. ROBERTS, international agreements is absolute, un- national Day in Support of the Victims of Mr. ROCKEFELLER, Mr. SANTORIUM, Mr. qualified, and non-derogable under any cir- Torture and expresses support for all victims cumstance, even during a state of war or na- of torture and other forms of cruel, inhu- SARBANES, Mr. SCHUMER, Mr. SESSIONS, tional emergency; mane, or degrading treatment or punishment Mr. SHELBY, Mr. SMITH of New Hamp- Whereas an important component of the who are struggling to overcome the physical shire, Mr. SMITH of Oregon, Ms. SNOWE concept of comprehensive security in a free scars and psychological effects of such prac- Mr. SPECTER, Ms. STABENOW, Mr. STE- society is the fundamental service provided tices; VENS, Mr. THOMAS, Mr. THOMPSON, Mr. by law enforcement personnel to protect the (3) encourages the training of law enforce- THURMOND, Mr. TORRICELLI, Mr. basic human rights of individuals in society; ment personnel and others who are involved VOINOVICH, Mr. WELLSTONE, and Mr. Whereas individuals require and deserve in the custody, interrogation, or treatment WYDEN) submitted the following reso- protection by law enforcement personnel and of any individual who is arrested, detained, lution; which was considered and need the confidence in knowing that such or imprisoned, in the prevention of torture personnel are not themselves agents of tor- and other forms of cruel, inhumane, or de- agreed to: ture or other forms of cruel, inhumane, or grading treatment or punishment, in order S. RES. 292 degrading treatment or punishment, includ- to reduce and eradicate such practices; and Whereas, this country was founded in reli- ing extortion or other unlawful acts; (4) encourages the Secretary of State to gious freedom by founders, many of whom Whereas individuals who are incarcerated seek, at relevant international fora, the were deeply religious; should be treated with respect in accordance adoption of a commitment— Whereas, the First Amendment to the Con- with the inherent dignity of the human per- (A) to treat confessions and other evidence stitution embodies principles intended to son; obtained through torture or other forms of guarantee freedom of religion both through Whereas there is a growing commitment cruel, inhumane, or degrading treatment or the free exercise thereof and by prohibiting by governments to eradicate torture and punishment, as inadmissible in any legal the government establishing a religion; other forms of cruel, inhumane, or degrading proceeding; and Whereas, the Pledge of Allegiance was treatment or punishment, to provide in law (B) to prohibit, in law and in practice, in- written by Francis Bellamy, a Baptist Min- and practice procedural and substantive safe- communicado detention. ister, and first published in the September 8, guards and remedies to combat such prac- 1892, issue of the Youth’s Companion; Mr. CAMPBELL. Mr. President, I am tices, to assist the victims of such practices, joined by Senators DODD, FEINGOLD, Whereas, Congress in 1954 added the words and to cooperate with relevant international CLINTON, and WELLSTONE in intro- ‘‘under God’’ to the Pledge of Allegiance; organizations and nongovernmental organi- Whereas, the Pledge of Allegiance has for zations with the goal of eradicating such ducing today a resolution condemning almost 50 years included references to the practices; the use of torture and other forms of U.S. flag, the country, to our country having Whereas torture and other forms of cruel, cruel, inhumane, or degrading treat- been established as a union ‘‘under God’’ and inhumane, or degrading treatment or punishment or punishment in the United to this country being dedicated to securing ment continues in many countries despite States and other countries, and ex- ‘‘liberty and justice for all,’’ Whereas, the Congress in 1954 believed it international commitments to take effective pressing support for the victims of tor- was acting constitutionally when it revised legislative, administrative, judicial and ture. An identical version is being in- the Pledge of Allegiance; other measures to prevent and punish such troduced by Congressman CHRISTOPHER practices; Whereas, this Senate of the 107th Congress H. SMITH, who co-chairs the Commis- Whereas the rape of prisoners by prison of- believes that the Pledge of Allegiance is not sion on Security and Cooperation in an unconstitutional expression of patriot- ficials or other prisoners, tolerated for the purpose of intimidation and abuse, is a par- Europe, which I am privileged to chair. ism; Torture is prohibited by a raft of Whereas, patriotic songs, engravings on ticularly egregious form of torture; U.S. legal tender, engravings on federal Whereas incommunicado detention facili- international agreements, including buildings also contain general references to tates the use of torture and other forms of documents of the 55-nation Organiza- ‘‘God’’; cruel, inhumane, or degrading treatment or tion for Security and Cooperation in Whereas, in accordance with decisions of punishment, and may constitute, in and of Europe. It remains, however, a serious the U.S. Supreme Court, public school stu- itself, a form of such practices; problem in many countries. In the dents cannot be forced to recite the Pledge of Whereas the use of racial profiling to stop, worst cases, torture occurs not merely Allegiance without violating their First search, investigate, arrest, or convict an in- from rogue elements in the police or a Amendment rights; dividual who is a minority severely erodes Whereas, the Congress expects that the the confidence of a society in law enforce- lack of appropriate training among law U.S. Court of Appeals for the Ninth Circuit ment personnel and may make minorities es- enforcement personnel, but is system- will rehear the case of the Newdow v. U.S. pecially vulnerable to torture and other atically used by the controlling regime Congress, en banc; forms of cruel, inhumane, or degrading treat- to target political opposition members; Resolved, That The Senate Strongly Dis- ment or punishment; racial, ethnic, linguistic or religious approves of the Ninth Circuit Decision in Whereas the use of confessions and other minorities; and others. Newdow v. U.S. Congress; and that the Sen- evidence obtained through torture or other In some countries, medical profes- ate authorizes and instructs the Senate forms of cruel, inhumane, or degrading treat- sionals who treat the victims of tor- Legal Counsel to seek to intervene in the ment or punishment in legal proceedings ture have become, themselves, victims case to defend the constitutionality of the runs counter to efforts to eradicate such Pledge of Allegiance. practices; of torture in government’s efforts to document this abuse and to hold per- f Whereas more than 500,000 individuals who are survivors of torture live in the United petrators accountable. The U.S. Con- SENATE CONCURRENT RESOLU- States; gress can continue to play a leadership TION 124—CONDEMNING THE USE Whereas the victims of torture and other role by signaling our unwavering con- OF TORTURE AND OTHER FORMS forms of cruel, inhumane, or degrading treat- demnation of such egregious practices. OF CRUEL, INHUMANE, OR DE- ment or punishment and their families often Torture is, in effect, prohibited by GRADING TREATMENT OR PUN- suffer devastating effects and therefore re- several articles of the U.S. Constitu- ISHMENT IN THE UNITED quire extensive medical and psychological tion. Nevertheless, some commentators STATES AND OTHER COUNTRIES, treatment; have suggested that torture might be Whereas medical personnel and torture AND EXPRESSING SUPPORT FOR treatment centers play a critical role in the an acceptable tool in the war on ter- VICTIMS OF THOSE PRACTICES identification, treatment, and rehabilitation rorism. I believe we should answer that Mr. CAMPBELL (for himself, Mr. of victims of torture and other forms of proposition with a resounding ‘‘no’’. To DODD, Mr. FEINGOLD, Mrs. CLINTON, and cruel, inhumane, or degrading treatment or repeat: torture is unconstitutional. punishment; and Mr. WELLSTONE) submitted the fol- Moreover, as many trained law enforce- Whereas each year the United Nations des- ment officials note, it is also a lousy lowing concurrent resolution; which ignates June 26 as an International Day in was referred to the Committee on the way to get reliable information. People Support of Victims of Torture: Now, there- subjected to torture will often say any- Judiciary: fore, be it S. CON. RES. 124 thing to end the torture. Finally, it Resolved by the Senate (the House of Rep- makes no sense to wage war to defend Whereas the Eighth Amendment to the resentatives concurring), That Congress— United States Constitution prohibits ‘‘cruel (1) condemns the use of torture and other our great democracy and use methods and unusual punishments’’ and torture is forms of cruel, inhumane, or degrading treat- that denigrate the very values we seek prohibited by law throughout the United ment or punishment in the United States to protect. Torture is unacceptable, pe- States without exception; and other countries; riod.

VerDate jun 06 2002 02:09 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.111 pfrm15 PsN: S26PT2 B040 Case:July 09-2473 29, 2002 Document:CONGRESSIONAL 00116058015 RECORD Page: 87— Extensions Date Filed: of Remarks05/05/2010 Entry ID:E1437 5443428 In all, he wrote 16 books of poems, two In Burma’s Shan state, hundreds, if not thou- was decided by the appellate court that cov- novels, three collections of short stories, four sands, of women have been raped by Burma’s ers California and much of the American volumes of editorial and documentary-type fic- SPDC in its quest to dominate those who West, comprising 20 percent of the nation’s population and about a third of its area and tion, 20 plays, children’s poetry, musicals and struggle for freedom and democracy. natural resources. operas, 3 autobiographies, a dozen radio and Shockingly, Burma’s military regime oper- Newdow, an avowed athiest, brought the television scripts and dozens of magazine arti- ates with impunity. Amnesty International, in suit because his young daughter attends a cles. He also edited seven anthologies. its most recent report on Burma, says, ‘‘No at- public elementary school in the Elk Grove He continued throughout his life to write and tempt appears to have been made by the Unified School District in California. In ac- edit literary works up until his death on May SPDC [regime] to hold members of the cordance with state law and a school district 22, 1967 when he succumbed to cancer. tatmadaw [military] accountable for violations rule, teachers begin each school day by lead- Later, his residence at 20 East 127th Street in which they committed, and villagers do not ing their students in a recitation of the Pledge of Allegiance. Harlem was given landmark status by the New have recourse to any complaint mechanism or Young Miss Newdow is not required to say York City Preservation Commission. His block other means of redress.’’ the pledge; that was decided some 60 years of East 127th Street was renamed ‘‘Langston Mr. Speaker, no one should be forced to ago when the case of West Virginia v. Hughes Place.’’ live like a hunted animal always on the run, in Barnette, a 1943 decision in which the U.S. We are inspired by the words of Langston fear for its life. It is time that the international Supreme Court prohibited compulsory flag Hughes; ‘‘We build our temples for tomorrow, community wake and take action against the salutes. Her father’s objection was that she as strong as we know how and we stand on horrors occurring in Burma. While the military was intimidated by listening to it, at all. the top of the mountain, free within ourselves.’’ regime woos diplomats, business guests, and On June 22, 1942, Congress first codified the Pledge in Public Law 642 as ‘‘I pledge alle- Hughes was a notable figure in America’s his- others in downtown Rangoon, Burma’s people giance to the flag of the United States of tory and his voice will live on throughout future are fleeing in fear of intensifying and acute re- America and to the Republic for which it generations. pression. Our government and the inter- stands, one Nation indivisible, with liberty f national community must press the SPDC to and justice for all.’’ (The codification is immediately cease its campaign of terror found in 36 U.S.C. § 1972.) BURMA against the people of Burma. I urge my col- A dozen years later, on June 14, 1954, Con- leagues to join in solidarity with the Burmese gress amended Section 1972 to add the words people by raising their voices for freedom. ‘‘under God’’ after the word ‘‘Nation’’ (Pub. HON. JOSEPH R. PITTS L. No. 396, Ch. 297 68 Stat. 249 (1954) (‘‘1954 OF PENNSYLVANIA f Act’’)). The Pledge is currently codified as ‘‘I IN THE HOUSE OF REPRESENTATIVES IN GOD WE TRUST THREATENED pledge allegiance to the Flag of the United Friday, July 26, 2002 BY PLEDGE SUIT States of America, and to the Republic for which it stands, one nation under God, indi- Mr. PITTS. Mr. Speaker, I am deeply dis- visible, with liberty and justice for all’’ (4 turbed by the horrifying reports of increasing HON. STEVEN R. ROTHMAN U.S.C. § 4 (1998)). repression in Burma. Accounts detail ongoing OF NEW JERSEY The following year, 1955, largely at the in- massacres, torture, burning of villages and IN THE HOUSE OF REPRESENTATIVES stigation of Matt Rothert, later president of churches, and forced labor of villagers by Bur- the American Numismatic Association, Con- Friday, July 26, 2002 gress amended the U.S. Code to require the ma’s military regime in the Karen state and Mr. ROTHMAN. Mr. Speaker, as we are all national motto to be placed on all coins and throughout the country. Despite the regime’s currency. (Earlier, Congress took action to promises of change and liberalization, Burma’s aware, the Ninth Circuit Court of Appeals recently held that the Pledge of Allegiance is un- place the motto on the two-cent piece (1864), military dictatorship has shown more of the and on some gold coins (1908)). same terrible treatment of the people—re- constitutional because the phrase ‘‘under There is some utility in reviewing what cently a dozen innocent civilians, including God,’’ combined with daily recitation of the the Pledge of Allegiance is, and for that mat- children and babies were massacred. Pledge, violates the establishment clause of ter, the history of the national motto, ‘‘In I have in my office graphic photos showing the Constitution. Following their victory, the God we Trust,’’ where the ‘‘we’’ is not cap- plaintiffs vowed to challenge the motto, ‘‘In italized and all other letters are. the April 28, 2002, massacre in Burma’s Francis Bellamy, a Baptist minister with Dooplaya district. The photos show the bodies God We Trust,’’ which appears on American currency. Fair Lawn, New Jersey Mayor and socialist leanings, wrote the original version of victims stacked neatly after their murder. of the Pledge of Allegiance Sept. 8, 1892, for numismatic expert David L. Ganz recently The regime’s soldiers shot and killed Naw a popular family magazine, The Youth’s Com- Daw Bah, a two-year-old girl, and Naw Play published an article in the Numismatic News panion, a Reader’s Digest-like periodical of and Naw Ble Po, two five-year-old girls. Nine that analyzes why ‘‘In God We Trust’’ was the era. others were shot, but fortunately escaped, in- chosen as the national motto, and why it The original pledge language was ‘‘I pledge should remain on our currency. With the allegiance to my Flag and to the Republic cluding a six-year old boy who played dead for which it stands, one nation, indivisible, until the military left the site. These first-per- chair’s permission, I would like to submit this article, entitled ‘‘In God We Trust Threatened with liberty and justice for all.’’ son accounts, plus the photos, provide incon- A generation later, in 1923 the pledge was by Pledge Suit,’’ for the RECORD. I also urge trovertible evidence of the State Peace and adopted by the first National Flag Con- Development Council’s (SPDC) horrifying the members of this body to support the cur- ference in Washington, where some partici- human rights abuses and crimes against hu- rent Pledge of Allegiance and the continued pants expressed concerns that use of the manity as they continue their attempt to sub- use of ‘‘In God We Trust’’ on our nation’s cur- words ‘‘my flag’’ might create confusion for jugate the entire country through whatever rency. immigrants, still thinking of their home [From the Numismatic News, July 16, 2002] countries. So the wording was changed to means they see necessary. ‘‘the Flag of the United States of America.’’ Mr. Speaker, what possible threat do babies ‘IN GOD WE TRUST’ THREATENED BY PLEDGE In 1954, Congress after a campaign by the and two and five-year-old little girls present to SUIT—UNDER THE GLASS Knights of Columbus added the words, military men with arms? (By David L. Ganz) ‘‘under God,’’ to the Pledge. The Pledge was Numerous reports from eyewitnesses and Front-page news and accompanying legis- now both a patriotic oath and a public pray- credible human rights organizations reveal that lative denunciations have greeted the deci- er. this latest massacre is but one example of an sion of the United States Court of Appeals Legislation approved July 11, 1955, made the appearance of ‘‘In God we Trust’’ manda- ongoing campaign of terror by Burma’s military for the 9th Circuit that the nation, ‘‘under God,’’ indivisible, in the Pledge of Allegiance tory on all coins and paper currency of the regime against its own people. The SPDC has is unconstitutional. The successful plaintiffs United States. By Act of July 30, 1956, ‘‘In burned down scores of villages and forcibly re- have separately pledged to initiate an attack God we Trust’’ became the national motto of located villagers to areas near military bases on the national motto, ‘‘In God we Trust’’ to the United States. to be forced laborers. During attacks on vil- remove it from U.S. currency. Several courts have been asked to construe lages, the military also has burned down Although the motto has been attacked sev- whether or not the motto was unconstitu- places of worship and tortured and killed min- eral times in other appellate courts—the Su- tional and a violation of the First Amend- isters and monks. The military regime drove preme Court has never explicitly ruled on ment to the Constitution—freedom of reli- it—there is some question as to what success gion arguments being raised. thousands of Karen and other ethnic villagers this might have, and the consequences to In a 10th circuit Court of Appeals case aris- into hiding in the jungle—these internally dis- coin and paper money design. ing in Colorado, Gaylor v. US, 74 F.3d 214 placed people have tried to flee to Thailand to Involved is the case of Newdow v. U.S. Con- (10th Cir. 1996), the Court quoted a number of Join the 120,000 plus living in refugee camps. gress, 00–16423 (9th Cir. June 26, 2002), which Supreme Court precedents and concluded

VerDate 112000 02:00 Jul 30, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JY8.084 pfrm04 PsN: E29PT1 B041 Case:E1438 09-2473 Document:CONGRESSIONAL 00116058015 RECORD Page: 88— Extensions Date Filed: of Remarks05/05/2010 EntryJuly ID: 29, 5443428 2002 that, ‘‘The motto’s primary effect is not to motto was removed for the reason that In Western New York, as in communities advance religion; instead, it is a form of ‘cer- ‘‘Teddy’’ thought it blasphemous. Congress across this great nation, we witnessed first emonial deism’ which through historical responded by legislatively directing its con- hand our better selves: as Americans from all usage and ubiquity cannot be reasonably un- tinuation. backgrounds and walks of life came together derstood to convey government approval of Where all this leads in the 21st century re- religious belief.’’ mains an unknown—but an interesting hy- to show their love of country and of their As neat a package as that creates for con- pothesis can be derived. The 9th Circuit’s neighbor. We saw it in countless acts of self- cluding the controversy, that is simply not ‘‘Pledge of Allegiance’’ case will be appealed lessness and heroism; from those brave patri- the history of the motto ‘‘In God we Trust’’ to the U.S. Supreme Court, and likely as not, ots aboard United Airlines Flight 93 to our po- or how it found its way onto American coin- the ‘‘In God we Trust’’ elimination suit will lice and firefighters, medical and emergency age. That story goes back to the bleak days progress in the U.S. district court. crews, and countless volunteers—who showed of the Civil War, when the nation’s constitu- As Justice William O. Douglas noted in a us and the world the true strength of Amer- tional mettle was being tested on the battle- concurring opinion in the 1962 Supreme Court case Engel v. Vitale, 370 U.S. 421 (1962), ica’s heart and America’s character. fields that left hundreds of thousands of One such group of volunteers will be hon- Americans dead. ‘‘Our Crier has from the beginning an- From the records of the Treasury Depart- nounced the convening of the Court and then ored for their work at Ground Zero during a ment, it appears that the first suggestion of added ‘God save the United States and this Liberty Day Awards Ceremony on Thursday, the recognition of the deity on the coins of Honorable Court.’ That utterance is a suppli- August 1, 2002. These dedicated and coura- the United States was contained in a letter cation, a prayer in which we, the judges, are geous men and women left their jobs, their addressed to the Secretary of the Treasury, free to join.’’ homes, and their families to give of them- Hon. S.P. Chase, by the Rev. M.R. Justice Douglas, one of the most liberal in selves in relief and recovery efforts, and I ask Watkinson, Minister of the Gospel, first amendment views, saw little the matter that this Congress join me in saluting their with it. Indeed, he said, ‘‘What New York Ridleyville, Pa., under date of Nov. 13, 1861. hard work, their commitment, and their patriot- ‘‘One fact touching our currency has hith- does on the opening of its public schools is erto been seriously overlooked, I mean the what each House of Congress does at the ism. They are: recognition of the Almighty God in some opening of each day’s business.’’ Mr. Wesley Rehwaldt, Mr. Woody Seufert, form in our coins,’’ Watkinson wrote to Sec- The 9th Circuit, by contrast, says ‘‘The Mr. David Albone, Ms. Karen Russo, Ms. Ann retary Chase. Pledge, as currently codified, is an imper- Riegle, Mr. Scott Schmidt, Mr. Jesse Babcock, ‘‘You are probably a Christian. What if our missible government endorsement of religion Mr. Harold Suitor; Mr. Marc Lussier, Ms. Ann Republic were now shattered beyond recon- because it sends a message to unbelievers Riester, Mr. James Riester, Mr. William struction? Would not the antiquaries of suc- ‘that they are outsiders, not full members of Drexler, Mr. Russell Genco, Mr. H.T. the political community, and an accom- ceeding centuries rightly reason from our Braunscheidel, Mr. Fred Drahms, Ms. Connie past that we were a heathen nation? What I panying message to adherents that they are propose is that instead of the goddess of lib- insiders, favored members of the political Kearns, Mr. Darren Burdick, Ms. Margaret erty we shall have next inside the 13 stars a community.’’’ Blake, Mr. Scott Blake, Mr. Chad Shepherd, ring inscribed with the words ‘perpetual An earlier 9th Circuit case in 1970 which Ms. Wendi Walker, Ms. Amanda Sparks, Ms. union’; within this ring the all-seeing eye, dealt with a direct attack on the motto on Sherri Reichel, Mr. Michael Owens, Mr. Chris crowned with a halo; beneath this eye the the coinage was briefly discussed in a foot- Lane, Mr. Anthony Kostyo, Mr. Thomas American flag, bearing in its field stars note of the lengthy opinion. ‘‘In Aronow v. FitzRandolph, Mr. Kevin Dilliot, Mr. Charles United States, 432 F.2d 242 (9th Cir. 1970), this equal to the number of the States united; in Huntington, Mr. Mark Gilson, and Mr. Mark the folds of the bars the words ‘God, liberty, court, without reaching the question of standing, upheld the inscription of the Gerstung. law.’ Also, Mr. Mark Maefs, Mr. Ray Catanesi, ‘‘This would make a beautiful coin, to phrase ‘In God We Trust’ on our coins and which no possible citizens could object. This currency. But cf. Wooley v. Maryland, 430 Mr. Kevin Baker, Mr. Ross Johnson, Jr., Mr. would relieve us from the ignominy of U.S. 705, 722 (1977) (Rehnquist, J., dissenting) James Carbin, Jr., Mr. Dan Hosie, Mr. Scott heathenism. This would place us openly (stating that the majority’s holding leads Then, Mr. Robert Jasper, Jr., Mr. Robert Jas- under the Divine protection we have person- logically to the conclusion that ‘In God We per, Sr., Mr. Wayne N. Seguin, Mr. Wayne E. ally claimed. Trust’ is an unconstitutional affirmation of Seguin, Mr. Samuel Ricotta, Mr. Richard ‘‘From my heart I have felt our national belief).’’ Nothwithstanding Justice Rehnquist’s dis- Bilson, Mr. Richard Silvaroll, Mr. Michael Kiff, shame in disowning God as not the least of Mr. Herbert Meyer, Mr. Chris Hillman, Ms. Vic- our present national disasters. To you first I sent, a more contemporary analysis of his address a subject that must be agitated,’’ he views are more apparent in later cases since toria Baker, Mr. Ralph Salvagni, Mr. Richard concluded. his becoming Chief Justice, and they suggest Wayner, Mr. Robert Conn, Mr. James Volkosh A week later, on Nov. 20, 1861, Chase wrote strongly that he has no issue with the pledge and Mr. Barry Kobrin. to James Pollock, the director of the Mint, or the national motto on coinage. f ‘‘No nation can be strong except in the Most likely, the next several months will strength of God, or safe except in His de- see a hardening of positions and a wending TRIBUTE TO GLENN J. WINUK fense. The trust of our people in God should process in which the lawsuit, and appeals, be declared on our national coins.’’ move toward highest court resolution. That could come in 2003 or 2004, in time for it to HON. PETER T. KING He concluded with a mandate: ‘‘You will OF NEW YORK cause a device to be prepared without unnec- have impact on the next presidential elec- IN THE HOUSE OF REPRESENTATIVES essary delay with a motto expressing in the tion. fewest and terset words possible this na- For now, until a stay is issued, the pledge Friday, July 26, 2002 is out in California and the 9th Circuit; God tional recognition.’’ Mr. KING. Mr. Speaker, I rise today to honor In December 1863, the director of the Mint remains on our coinage, so long as we trust. the memory of Glenn J. Winuk, a heroic cit- submitted to the secretary of the Treasury f for approval designs for new one-, two- and izen who sacrificed his life on September 11th three-cent pieces, on which it was proposed HONORING WESTERN NEW YORK to save the lives of others. Glenn served the that one of the following mottoes should ap- GROUND ZERO VOLUNTEERS Jericho community for 19 years as an attor- pear: ‘‘Our country; our God’’; ‘‘God, our ney, an EMT, and commissioner of the Jericho Trust.’’ (Patterns for the two-cent pieces of HON. THOMAS M. REYNOLDS Fire District. this are found in Pollack 370–383.) Immediately after the World Trade Center Dec. 9, 1863, saw this reply from Chase: ‘‘I OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Towers were attacked on September 11th, approve your mottoes, only suggesting that Glenn, a partner in the law firm of Holland & on that with the Washington obverse the Friday, July 26, 2002 motto should begin with the word ‘Our’ so as Knight LLP, helped evacuate tenants of his of- to read: ‘Our God and our country.’ And on Mr. REYNOLDS. Mr. Speaker, during his fice building at 195 Broadway, about a block that with the shield, it should be changed so State of the Union Address, President George away from Ground Zero. He then identified as to read: ‘In God we trust.’’’ W. Bush said, ‘‘none of us would ever wish himself as a rescue professional to other res- The Act of April 22, 1864, created the two- the evil that was done on September the 11th. cue workers on the scene, borrowed a mask, cent piece and Secretary Chase exercised his Yet after America was attacked, it was as if gloves, and First Response medic bag to as- rights to make sure the motto was in the de- our entire country looked into a mirror and sist others as the South Tower fell minutes sign. By 1866 it had been added to the gold $5, saw our better selves. We were reminded that $10 and $20, and the silver dollar, half dollar, later. His remains were recovered, medic bag quarter and nickel. we are citizens, with obligations to each other, by his side on Wednesday, March 30th, 2002. As Augustus Saint-Gaudens designed the to our country, and to history. We began to Glenn Winuk was an attorney, but his real new gold coinage of 1907 at the instigation of think less of the goods we can accumulate, passion was firefighting. His passion and brav- his friend President Theodore Roosevelt, the and more about the good we can do.’’ ery were displayed on many occasions, such

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, THURSDAY, JUNE 27, 2002 No. 88 House of Representatives The House met at 10 a.m. The Sergeant at Arms will notify ab- Johnson (IL) Miller, Jeff Serrano The Reverend Frederick J. Huscher, sent Members. Johnson, Sam Mink Sessions Chaplain, Riverside County Sheriff’s Jones (NC) Mollohan Shadegg The vote was taken by electronic de- Jones (OH) Moran (KS) Shaw Department, Riverside, California, of- vice, and there were—yeas 348, nays 59, Kanjorski Moran (VA) Shays fered the following prayer: answered ‘‘present’’ 1, not voting 26, as Kaptur Morella Sherman O gracious and loving Lord, quiet our follows: Keller Murtha Sherwood restless mind so that our hearts may Kelly Myrick Shimkus [Roll No. 267] speak honestly in prayer and our spir- Kennedy (RI) Nadler Shows YEAS—348 Kerns Napolitano Shuster its may listen carefully to Your coun- Kildee Neal Simmons sel and instruction. As sovereign Lord, Abercrombie Clement Gekas Kilpatrick Nethercutt Simpson Ackerman Coble Gephardt You have placed into our simple hands Kind (WI) Ney Skeen Akin Collins Gibbons King (NY) Norwood Skelton the overwhelming responsibility to Andrews Combest Gilchrest Kingston Ortiz Smith (MI) mold the course of this great Nation. Armey Cooksey Gillmor Kirk Osborne Baca Cox Gilman Smith (NJ) Lest pride cause us to forget that we Kleczka Ose Bachus Cramer Gonzalez Smith (TX) Knollenberg Otter are but Your appointed servants, cause Baker Crenshaw Goode Snyder Kolbe Pallone us to strive shoulder to shoulder to Baldacci Crowley Goodlatte Solis LaHood Pascrell maintain the noble heritage that we Ballenger Cubin Gordon Souder Lampson Paul are a free Nation under God by Your di- Barcia Culberson Goss Spratt Barr Cummings Graham Langevin Payne Stearns vine will and grace. May Your Spirit Barrett Cunningham Granger Lantos Pelosi Stenholm direct our hearts and mind to seek only Bartlett Davis (CA) Graves Larson (CT) Pence Stump what is right and pure for the people of Barton Davis (FL) Green (WI) Latham Peterson (PA) Sullivan this land, to make decisions which pro- Bass Davis, Jo Ann Greenwood LaTourette Petri Sununu Becerra Davis, Tom Grucci Leach Phelps tect our freedoms and promote the Sweeney Bentsen Deal Gutierrez Lee Pickering Tanner well-being of Your people. O God, we Bereuter DeGette Gutknecht Levin Pitts Tauscher honor You as the Lord of this Nation. Berkley Delahunt Hall (OH) Lewis (CA) Platts Taylor (NC) Berman DeLauro Hall (TX) Lewis (GA) May our ministry glorify Your name Pombo Terry Biggert DeLay Hansen Lewis (KY) Pomeroy Thomas and be a blessing to this land. Amen. Bilirakis DeMint Harman Linder Portman Thornberry Bishop Deutsch Hart Lipinski Pryce (OH) f Thune Blagojevich Diaz-Balart Hastings (WA) Lofgren Putnam Thurman THE JOURNAL Blumenauer Dingell Hayes Lowey Quinn Tiahrt Blunt Doggett Hayworth Lucas (KY) Radanovich The SPEAKER. The Chair has exam- Tiberi Boehlert Dooley Herger Lucas (OK) Rahall Tierney ined the Journal of the last day’s pro- Boehner Doolittle Hill Luther Rangel Toomey ceedings and announces to the House Bonilla Doyle Hilleary Lynch Regula Bonior Dreier Turner his approval thereof. Hinojosa Maloney (NY) Rehberg Bono Duncan Hobson Upton Manzullo Reyes Pursuant to clause 1, rule I, the Jour- Boozman Dunn Hoeffel Markey Reynolds Velazquez nal stands approved. Boswell Edwards Hoekstra Mascara Rivers Vitter Boucher Ehlers Holden Mr. WALDEN of Oregon. Mr. Speak- Matheson Rodriguez Walden Boyd Emerson Holt er, pursuant to clause 1, rule I, I de- Matsui Roemer Walsh Brady (TX) Engel Honda mand a vote on agreeing to the Speak- McCarthy (MO) Rogers (KY) Wamp Brown (SC) Eshoo Hooley Watkins (OK) Bryant McCarthy (NY) Rogers (MI) er’s approval of the Journal. Etheridge Horn Watson (CA) Burr Evans Hostettler McCollum Ros-Lehtinen The SPEAKER. The question is on Watt (NC) Burton Everett Houghton McCrery Ross the Speaker’s approval of the Journal. Watts (OK) Buyer Farr Hoyer McHugh Rothman The question was taken; and the Callahan Ferguson Hulshof McInnis Roybal-Allard Weiner Speaker announced that the ayes ap- Calvert Flake Hunter McIntyre Royce Weldon (FL) peared to have it. Camp Fletcher Hyde McKeon Rush Weldon (PA) Mr. WALDEN of Oregon. Mr. Speak- Cannon Foley Inslee McKinney Ryan (WI) Wexler Cantor Forbes Isakson Meehan Ryun (KS) Whitfield er, I object to the vote on the ground Capito Ford Issa Meeks (NY) Sanders Wicker that a quorum is not present and make Capps Fossella Istook Menendez Sawyer Wilson (NM) the point of order that a quorum is not Cardin Frank Jackson (IL) Mica Saxton Wilson (SC) present. Castle Frelinghuysen Jefferson Millender- Schiff Wolf Chabot Frost McDonald Schrock The SPEAKER. Evidently, a quorum Jenkins Woolsey Chambliss Gallegly John Miller, Dan Scott Young (FL) is not present. Clayton Ganske Johnson (CT) Miller, Gary Sensenbrenner

H4071

VerDate jun 06 2002 04:56 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.000 pfrm15 PsN: H27PT1 B043 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 90 Date— HOUSEFiled: 05/05/2010 Entry ID:H4073 5443428 Mollohan Rogers (MI) Stump ington, Pennsylvania and New York, great democracy. In one short breath Moran (KS) Rohrabacher Sullivan our hearts and minds turned to God to these patriotic words in the Pledge of Morella Ros-Lehtinen Sununu Murtha Ross Sweeney ask for devine guidance as we struggled Allegiance from which they are proud- Myrick Rothman Tancredo with this difficult time. ly spoken have guided the American Nadler Roybal-Allard Tanner In my morning run this morning I experiment in democracy for genera- Napolitano Royce Tauscher visited the Jefferson, Lincoln and Roo- tions. Nethercutt Ryan (WI) Taylor (MS) Ney Ryun (KS) sevelt memorials to bear witness to the Yesterday, through a gross example Taylor (NC) Norwood Sabo Terry inscriptions of their most memorable of misguided judicial activism, two Nussle Sanchez speeches to this Nation, each citing Ortiz Sawyer Thomas Federal judges stripped these words Ose Saxton Thompson (MS) God’s divine guidance in creating the from the American vocabulary. It is bi- Oxley Schaffer Thornberry Nation. zarre decisions like this that have Pallone Schakowsky Thune Now, judges of the Ninth Circuit of given the Ninth Circuit the dubious Pascrell Schrock Thurman Pastor Scott Tiahrt the left coast of the United States have distinction of being the most over- Paul Sensenbrenner Tiberi decided that this Pledge of Allegiance turned court in the Nation. In one year Payne Serrano Toomey is unconstitutional. The ACLU may be alone, 26 of the Ninth Circuit’s 27 rul- Pence Sessions Turner applauding a ruling, but their victory ings were thrown out. Peterson (MN) Shadegg Udall (CO) Peterson (PA) Shaw Udall (NM) will be short-lived. One Nation under This decision further brings the light Petri Shays Upton God, indivisible, with liberty and jus- the desperate need for the other body Phelps Sherman Visclosky tice for all; behind me ‘‘In God We to quick blocking President Bush’s ju- Pickering Sherwood Walden Pitts Shimkus Trust,’’ in a Nation God guides us in a dicial nominees and supply our courts Walsh country where free people worship. Pombo Shows Wamp with qualified judges that will inter- Portman Shuster Watson (CA) I reject the court’s ruling. I urge pret, not rewrite, the Constitution. I Price (NC) Simmons Watt (NC) Congress to immediately undertake a Pryce (OH) Simpson hope the Senate is listening. Watts (OK) Putnam Skeen constitutional amendment, and I sa- Mr. Speaker, I do pledge allegiance Waxman Quinn Skelton lute every man and woman in uniform to the flag; and I am proud to say that, Weiner Radanovich Smith (MI) who serves this Nation being guided by despite the beliefs of the Ninth Circuit, Rahall Smith (NJ) Weldon (FL) Ramstad Smith (TX) Weldon (PA) God’s love and inspiration. this is still one Nation under God. Weller Regula Smith (WA) f f Rehberg Snyder Whitfield Reynolds Souder Wicker RETURN LUDWIG KOONS ANNOUNCEMENT BY THE SPEAKER Rivers Spratt Wilson (NM) PRO TEMPORE Rodriguez Stearns Wilson (SC) (Mr. LAMPSON asked and was given Roemer Stenholm Wolf permission to address the House for 1 The SPEAKER pro tempore (Mr. Rogers (KY) Strickland Young (FL) minute and to revise and extend his re- LATOURETTE). The Chair would remind NOT VOTING—32 marks.) all Members to not urge action by the Barcia Hyde Riley Mr. LAMPSON. Mr. Speaker, again I other body. Clay Israel rise to talk about international child Roukema f Ehrlich Kanjorski Rush abduction and the case of Ludwig Fattah Keller Tauzin Koons who is being kept illegally in b 1100 Fletcher LaFalce Traficant Rome, Italy. The injustice that is being Gephardt Meek (FL) Vitter INSURANCE PROTECTION ACT Hastings (FL) Moore Watkins (OK) done to this family is outrageous and Hinchey Northup Wu an example of what thousands of Amer- (Ms. JACKSON-LEE of Texas asked Hoekstra Oberstar Wynn and was given permission to address Hooley Platts ican parents and children face each Young (AK) Hunter Reyes day. the House for 1 minute and to revise Ludwig Koons was born in New York and extend her remarks.) b 1054 and was abducted from his family resi- Ms. JACKSON-LEE of Texas. Mr. Mr. HINOJOSA, Ms. MCCOLLUM and dence to Rome by his mother, Ilona Speaker, my silence today reflects the Mr. OXLEY changed their vote from Staller. Mr. Koons was awarded cus- fact that the Republicans gagged me by ‘‘aye’’ to ‘‘no’’. tody in the United States, but the presenting to this House an Insurance So the motion to adjourn was re- Italian courts have refused to accept Protection Act that takes away the jected. any American jurisdiction. The father rights of my mother and your mother The result of the vote was announced has been deemed the fit parent by the and your father to be able to have a as above recorded. courts and by U.S. and by Italian psy- real guaranteed prescription drug ben- PERSONAL EXPLANATION chologists who have stated that Lud- efit through Medicare that initially Mr. ISRAEL. Mr. Speaker, I was absent wig is in grave danger and must be re- was signed by the President of the from votes this morning so that I could be in turned to his father. Yet he remains United States, Lyndon Baines Johnson, New York to be with my children as they go captive in Italy, being held by the in 1965. I am gagged today, but I will away for the summer. I missed two votes. Italian government and by his mother not remain silent because I live in Were I here I would have voted as follows: who is a porn star who lives in a porno- America; and I will fight this fight to Rollcall Vote 267, on Approving the Journal: graphic compound. get a real Medicare drug benefit for the ‘‘yea’’; and Mr. Speaker, every day Members of American people. We will fight and we Rollcall Vote 268, that the House Adjourn: this body and this administration will win. ‘‘no.’’ speak about family values. Family val- f ues. I can think of no better way to f HONORING BAKER PRICE FALLS demonstrate our commitment to fam- SUPPORTING THE PLEDGE OF ily values than to return Ludwig Koons (Mrs. MYRICK asked and was given ALLEGIANCE to his father now. We must bring our permission to address the House for 1 (Mr. FOLEY asked and was given per- children home. minute and to revise and extend her re- mission to address the House for 1 f marks.) minute and to revise and extend his re- Mrs. MYRICK. Mr. Speaker, I want marks.) AMERICA IS ONE NATION UNDER to honor a truly amazing young man Mr. FOLEY. Mr. Speaker, in the dark GOD from my district in North Carolina. hours after September 11 there was one (Mr. REHBERG asked and was given Baker Price Falls spent his life serving thing that brought a Nation together, permission to address the House for 1 others and serving the Lord. He would young and old, rich and poor, black and minute and to revise and extend his re- have turned 26 today, but sadly he white, Hispanics, and that was the marks.) passed away this year from leukemia. Pledge of Allegiance to the flag of this Mr. REHBERG. Mr. Speaker, one Na- He spent his life doing missions work. great Nation. As men and women were tion under God. These four solemn Whether he was working in the inner toiling to rescue victims in Wash- words form the very backbone of our city of Philadelphia or D.C. or doing

VerDate jun 06 2002 03:56 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.003 pfrm15 PsN: H27PT1 B044 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 91 Date— HOUSEFiled: 05/05/2010 Entry ID:H4121 5443428 b 1419 PROVIDING FOR CONSIDERATION the Ninth Circuit’s ruling was handed Mr. FRANK changed his vote from OF MOTIONS TO SUSPEND THE down only yesterday afternoon. ‘‘nay’’ to ‘‘yea.’’ RULES I urge my colleagues and fellow So (two-thirds having voted in favor Mr. LINDER. Mr. Speaker, by direc- Americans getting ready to celebrate thereof) the rules were suspended and tion of the Committee on Rules, I call the birth of our country next week to the bill was passed. up House Resolution 463 and ask for its remember the spirit that made us a The result of the vote was announced immediate consideration. great Nation. as above recorded. The Clerk read the resolution, as fol- The phrase ‘‘One Nation Under God’’ A motion to reconsider was laid on lows: reflects a spiritual belief that was so important to our forefathers, a belief the table. H. RES. 463 in God that was instrumental to the f Resolved, That it shall be in order at any time on the legislative day of Thursday, founding of our country. I believe we, GENERAL LEAVE June 27, 2002, for the Speaker to entertain as members of Congress, we have a duty and an obligation to express our Mr. LEWIS of California. Mr. Speak- motions that the House suspend the rules re- vigorous disagreement with this ruling, er, I ask unanimous consent that all lating to the resolution (H. Res. 459) expressing the sense of the House of Representatives rather than simply allow it to stand Members may have 5 legislative days that Newdow v. U.S. Congress was erro- unchallenged. within which to revise and extend their neously decided, and for other purposes. On a personal note, Mr. Speaker, in remarks on the bill, H.R. 5010, just The SPEAKER pro tempore. The gen- 1976, in the Georgia legislature, my passed, and that I may include tabular tleman from Georgia (Mr. LINDER) is friend, Tommy Tolbert, and I provided and extraneous material at the appro- recognized for 1 hour. an amendment to the education bill priate place in the RECORD. Mr. LINDER. Mr. Speaker, for the that required every class in Georgia to The SPEAKER pro tempore (Mr. purpose of debate only, I yield the cus- make available at some point during SHIMKUS). Is there objection to the re- tomary 30 minutes to the gentleman every day the Pledge of Allegiance for quest of the gentleman from Cali- from Massachusetts (Mr. MCGOVERN), the students in those classes through- fornia? pending which I yield myself such time out Georgia; and now some clown from There was no objection. as I consume. the Ninth Circus, as it has been called, f H. Res. 463 provides that it shall be in decides that the Congress did not know order at any time on the legislative COMMENDING MEMBERS AND what it was doing in 1954. day of Thursday, June 27, 2002, for the STAFF OF COMMITTEE ON AP- I urge my colleagues to join me in Speaker to entertain motions that the PROPRIATIONS supporting this rule and then sup- House suspend the rules relating to the porting the underlying legislation (Mr. LEWIS of California asked and resolution, H. Res. 459, expressing the which will allow the House to go on was given permission to address the sense of the House of Representatives record in regard to this out-of-touch House for 1 minute and to revise and that Newdow versus U.S. Congress was ruling. extend his remarks.) erroneously decided. Mr. Speaker, I reserve the balance of Mr. LEWIS of California. Mr. Speaker, I Yesterday was a sad day for the mil- my time. would like to clarify the Committee’s intent re- lions and millions of Americans who Mr. MCGOVERN. Mr. Speaker, I yield garding the ‘‘SPY–1 Solid State Radar.’’ the understand and appreciate the signifi- myself such time as I may consume. Committee intends that the entire amount con- cance of the Pledge of Allegiance. Mr. Speaker, I thank my colleague, tained in the President’s budget under the Sea Incredibly, the Ninth Circuit Court of the gentleman from Georgia (Mr. LIN- Based Midcourse for Sea Based Solid State Appeals decided to overturn a 1954 act DER), for yielding me the customary Radar development be used for the develop- of Congress, which added the phrase time. ment of the S-Band SPY–1E radar. ‘‘under God’’ to the Pledge of Alle- Mr. Speaker, this rule provides for Mr. Speaker, I did not take the time giance, ruling that these two words the consideration of H. Res. 459 under earlier for we were about to pass the violated the Constitution’s Establish- suspension of the rules. The underlying first appropriations bill of the year in ment Clause which requires the separa- resolution expresses the sense of this record time. There was a small little tion of church and state. House that Newdow versus U.S. Con- train wreck that got in the way of that This fatally-flawed ruling, taken to gress was erroneously decided. record time; and, thus, I will take a its logical endpoint, would indicate Mr. Speaker, I urge my colleagues to moment that I would have taken ear- that our currency, which contains the support this rule and to support the un- lier to express my appreciation for phrase ‘‘In God We Trust,’’ is unconsti- derlying resolution. those who made this success possible. tutional. Clearly, that is not true, but, Yesterday, a three-judge panel of the Both the gentleman from Florida in the meantime, the Ninth Circuit has Ninth Circuit Courts of Appeals ruled (Mr. YOUNG) and the gentleman from issued this inexplicable ruling. that the Pledge of Allegiance is uncon- Wisconsin (Mr. OBEY) have been very, This decision, if not overturned by stitutional. It is difficult to describe very helpful in the work of Committee the U.S. Supreme Court, will force a that decision as anything but just on Appropriations this year as it deals number of Western States to remove plain dumb. with national defense. I want to take a this important phrase from the Pledge I strongly support the separation of moment to especially express my ap- of Allegiance. church and State, and I strongly sup- preciation to the gentleman from I am proud to stand with my col- port the provision in the first amend- Pennsylvania (Mr. MURTHA), my part- leagues today on both sides of the aisle ment that prohibits government from ner in this business, for we never would as we fight to protect our American establishing State-sponsored religion. have been able to accomplish the level heritage. In bringing the underlying The first amendment protects Amer- of bipartisan support we had in the legislation, H. Res. 459, to the floor, we ican citizens from government inter- House as demonstrated by the vote are reaffirming our commitment to ference in their spiritual lives. It al- without his assistance. bedrock values and beliefs that have lows people to worship as they wish, Beyond that, we were both blessed made the United States of America the and it allows them to refuse to worship with very, very fine staff on both sides greatest country on Earth. I firmly beat all. of the aisle who do a fine job. Kevin lieve that the Pledge of Allegiance The Pledge of Allegiance hardly rises Roper on my side and Greg Dahlberg on should continue to include the entire to the level of a mandated national re- the other side help lead a team of staff phrase ‘‘One Nation Under God.’’ ligion. The phrase ‘‘One Nation Under people who worked endless hours, I want to thank the chairman of the God’’ is similar to ‘‘In God We Trust’’ weekends, night and day to make sure House Committee on the Judiciary, the on our currency or ‘‘God Bless Amer- this bill is not just successful but that gentleman from Wisconsin (Mr. SEN- ica’’ sung at high school graduations or it is done in a highly professional man- SENBRENNER), for his leadership in even sung on the floor of this House. ner, and for that we very much appre- bringing this important legislation to These invocations of God have more to ciate their work. the House floor so quickly, given that do with tradition and heritage than

VerDate May 23 2002 00:01 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.073 pfrm72 PsN: H27PT2 B045 Case:H4122 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 92 Date— HOUSEFiled: 05/05/2010 EntryJune ID: 27, 5443428 2002 with the government forcing people to that ‘‘Congress shall make no law respecting be understood . . . as a form a ‘ceremonial believe or practice a certain type of an establishment of religion.’’ The majority deism’ protected from Establishment Clause faith. sided with Michael Newdow, who had com- scrutiny chiefly because they have lost Every day in the well of this House a plained that his daughter is injured when through rote repetition any significant reli- forced to listen to public school teachers gious content.’’ Other justices have likewise Member leads us in the Pledge of Alle- lead students daily in a pledge that includes presumed the answer to the question, and no giance. I had the honor of leading the the assertion that there is a God. court of appeals should blithely generate a Pledge of Allegiance just last week. This is a well-meaning ruling, but it lacks political firestorm—one that was already be- The Pledge is a way for all of us come common sense. A generic two-word reference ginning yesterday—just to find out whether together, regardless of party or ide- to God tucked inside a rote civic exercise is they meant what they said. ology, and express our love for this Na- not a prayer. Mr. Newdow’s daughter is not As Judge Ferdinand Fernandez pointed out tion and our commitment to our de- required to say either the words ‘‘under God’’ in dissent, the establishment clause toler- mocracy. But we also have the right or even the pledge itself, as the Supreme ates quite a few instances of ‘‘ceremonial Court made clear in a 1943 case involving Je- deism’’: Is it okay to sing ‘‘God Bless Amer- not to say the Pledge at all. hovah’s Witnesses. In the pantheon of real ican’’ or ‘‘America the Beautiful’’ at official As the Supreme Court ruled in 1963, First Amendment concerns, this one is off events? Is American currency unconstitu- it is unconstitutional to force people to the radar screen. tional? The answer must be, as Judge say the Pledge. And the resolution be- The practical impact of the ruling is invit- Fernandez argues, that in certain expres- fore us states that the United States ing a political backlash for a matter that sions ‘‘it is obvious that [the] tendency to es- Congress recognizes the right of those does not rise to a constitutional violation. tablish religion in this country or to inter- who do not share the beliefs expressed We wish the words had not been added back fere with the free exercise (or non-exercise) in 1954. But just the way removing a well- of religion is de minimis.’’ Amen. in the Pledge to refrain from its recita- lodged foreign body from an organism may tion. sometimes be more damaging than letting it [From the Los Angeles Times, June 27, 2002] But here come a panel of the often- stay put, removing those words would cause A GODFORSAKEN RULING overturned Ninth Circuit, interestingly more harm than leaving them in. By late A panel of the U.S. 9th Circuit Court of Ap- enough led by an appointee of the afternoon yesterday, virtually every politi- peals has ruled 2 to 1 that the Pledge of Alle- cian in Washington was rallying loudly be- Nixon administration, charging into a giance—you know, ‘‘I pledge allegiance to hind the pledge in its current form. nonexistent breach, issuing a divisive the flag of the United States of America Most important, the ruling trivializes the and unnecessary ruling. There are so ...’’—is unconstitutional. And the reason? critical constitutional issue of separation of Because of that phrase ‘‘under God’’ inserted many important issues facing our Na- church and state. There are important bat- by Congress 48 years ago. tion, and I can say honestly that I have tles to be fought virtually every year over The court said an atheist or holder of non- never had a constituent rush up to me issues of prayer in school and use of govern- Judeo-Christian beliefs could see these words in Worcester or Attleboro or Fall River ment funds to support religious activities. as an endorsement of monotheism, even Yesterday’s decision is almost certain to be to demand that we remove ‘‘under though students can opt out. overturned on appeal. But the sort of rigid God’’ from the Pledge of Allegiance. ‘‘A profession that we are a nation ‘under overreaction that characterized it will not Indeed, yesterday’s ruling only serves God’ is identical, for establishment clause make genuine defense of the First Amend- to trivialize the very real issues of purposes, to a profession that we are a na- ment any easier. church/state separation that deserve a tion ‘under Jesus,’ a nation ‘under Vishnu,’ a nation ‘under Zeus’ or a nation ‘under no full and fair hearing before all the [From the Washington Post, June 27, 2002] god’ because none of these professions can be branches of government. But the Con- ONE NATION UNDER BLANK stitution also protects the right of neutral with respect to religion,’’ wrote In the many battles over how high the Judge Alfred Goodwin. American citizens to have their day in church-state wall should be, there has al- It’s a fundamentally silly ruling, which de- court. That is what the plaintiff in this ways been a certain category of official invo- serves to be tossed out, as was the initial case has done; and because of the struc- cations of God that has gone untouched. Leg- suit by a Sacramento atheist. For now, eras- ture of our government, Congress can- islative prayer has been upheld by the Su- ing the pledge applies only to 9th Circuit not overturn that decision. We can preme Court, for example. Court sessions states—California, Alaska, Arizona, Hawaii, only express our disapproval, which begin by asking that ‘‘God save this honor- Idaho, Montana, Nevada, Oregon and Wash- this resolution does in very clear and able court.’’ America’s national motto says ington. Implementation of the ruling is sus- appropriate terms. ‘‘In God We Trust.’’ And the Pledge of Alle- pended pending appeals. giance, since 1954, has described this country The original 1892 pledge didn’t contain the It will be up to the full Ninth Circuit as ‘‘One nation under God, indivisible.’’ At phrase ‘‘under God,’’ which was added after a and possibly the Supreme Court itself least it did until yesterday—when a panel of vigorous debate during a period of loyalty to toss this ruling into the dustbin of the 9th U.S. Circuit Court of Appeals struck oaths and Red-baiting. The Cold War inser- history where it belongs. In the mean- down the words ‘‘under God’’ as an establish- tion of the phrase in 1954 clearly was driven time, Congress has the right to call ment of religion in violation of the First as much by ideology as religion. That said, yesterday’s decision what it was, a big Amendment. for all the overheated and dire predictions fat mistake. I urge my colleagues to If the court were writing a parody, rather voiced then, the ‘‘under God’’ phrase has in support the rule and to support the res- than deciding an actual case, it could hardly no way led to establishment of an official have produced a more provocative holding state religion. Further, the U.S. Supreme olution. than striking down the Pledge of Allegiance Court ruled in 1943 that it was unconstitu- Mr. Speaker, I enter into the RECORD while this country is at war. We believe in tional to force pledge recitations. Thus the today’s editorials from the New York strict separation between church and state, 9th Circuit decision is a cure without an ail- Times, the Washington Post and the but the pledge is hardly a particular danger ment. Los Angeles Times on this issue, as fol- spot crying out for judicial policing. And In fact, references to the Almighty have lows: having a court strike it down can only serve long been an integral part of everyday Amer- to generate unnecessary political battles and ican life—honest to God. That’s not too sur- [From the New York Times, June 27, 2002] create a fundraising bonanza for the many prising for a nation initially organized by ‘‘ONE NATION UNDER GOD’’ groups who will rush to its defense. Oh, yes, Europeans fleeing persecution for practicing Half a century ago, at the height of anti- it can also invite a reversal, and that could their beliefs in God. The pledge (‘‘one nation Communist fervor, Congress added the mean establishing a precedent that sanctions under God, indivisible, with liberty and jus- words, ‘‘under God’’ to the Pledge of Alle- a broader range of official religious expres- tice for all’’) is recited daily by millions, giance. It was a petty attempt to link patri- sion than the pledge itself. with few, if any, enforcement problems over otism with religious piety, to distinguish us All of this might be justified if there were which words someone mumbles or skips. from the godless Soviets. But after millions any real question as to the constitutionality When taking office, many government offi- of repetitions over the years, the phrase has of the 1954 law that added God to the pledge. cials, including judges, take an oath invok- become part of the backdrop of American But while the Supreme Court has never spe- ing God. Court witnesses swear to tell the life, just like the words ‘‘In God We Trust’’ cifically considered the question, the jus- truth ‘‘so help me God.’’ In fact, the Su- on our coins and ‘‘God bless America’’ ut- tices have left little doubt how they would preme Court, where this case should go with tered by presidents at the end of important do so. Even former justice William Bren- Godspeed, opens sessions with a reference to speeches. nan—a fierce high-waller—once wrote ‘‘I God. Yesterday, the United States Court of Ap- would suggest that such practices as the des- And what about that oppressive song ‘‘God peals for the Ninth Circuit in California ignation of ‘In God We Trust’ as our national Bless America’’ that the entire Congress ruled 2 to 1 that those words in the pledge motto, or the references to God contained in sang on government property after Sept. 11? violate the First Amendment, which says the Pledge of Allegiance to the flag can best Then there’s the problem of U.S. currency,

VerDate May 23 2002 00:01 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.078 pfrm72 PsN: H27PT2 B046 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 93 Date— HOUSEFiled: 05/05/2010 Entry ID:H4123 5443428 which may now be unconstitutional because time, we will protect those who do not The dissenting judge in this case it says, ‘‘In God We Trust.’’ The appeal believe in God. says, In God we trust or under God should come swiftly. God willing, it will. This is, as I say, a fundamental at- have no tendency to establish a reli- Mr. Speaker, I reserve the balance of tack by atheists as part of a liberal left gion in this country or to suppress any- my time. coalition to attack the rights of us who one’s exercise or nonexercise of reli- Mr. LINDER. Mr. Speaker, I yield 3 do believe in God to express that, and gion except in the fevered eye of per- minutes to the gentleman from Cali- we need to unite with believers and sons who most fervently would like to fornia (Mr. ROHRABACHER). nonbelievers together for human lib- drive all tincture of religion out of the Mr. ROHRABACHER. Mr. Speaker, erty, which is what America is all public life. The dissenting judge goes today I rise in strong support of this about. on to say that by this logic ‘‘America rule and the underlying resolution. Mr. MCGOVERN. Mr. Speaker, I yield the Beautiful,’’ ‘‘God Bless America,’’ Also, I rise today in outrage and indig- 1 minute to the distinguished gen- ‘‘The Star Spangled Banner,’’ our cur- nation over yet the latest manifesta- tleman from Pennsylvania (Mr. rency would be wiped away. tion of an ongoing assault on the rights HOLDEN). We must stop it now. We must stop it of Americans who cherish their beliefs Mr. HOLDEN. Mr. Speaker, I thank today, and we must reestablish that and their commitment to God. the gentleman for yielding me the our country is one Nation under God, This is not just about the Pledge of time. indivisible, with liberty and justice for Allegiance, although forcing people to Mr. Speaker, I rise in strong support all. excise God from this voluntary oath is of the rule and of the underlying reso- Mr. MCGOVERN. Mr. Speaker, I yield bad enough. A liberal left coalition has lution. I, like all of my colleagues and 1 minute to the gentlewoman from been trying to do their best for decades the entire American people, are out- California (Mrs. CAPPS). to neuter American traditions that is raged at the Ninth Circuit Court of Ap- Mrs. CAPPS. Mr. Speaker, I thank based on God, beliefs and traditions peals, who have declared the Pledge of my colleague for yielding me the time. that Americans have held dear for two Allegiance unconstitutional because of Mr. Speaker, I rise in strong support centuries. the words ‘‘under God.’’ of this rule, this resolution, and the Mr. Speaker, patriotism is at an all- We see it in the attack on the rights Pledge of Allegiance. Yesterday, a Fed- time high in rise since September 11 as eral court ruled that the recitation of of the Boy Scouts to have God in their we stand united behind our Commander the Pledge is unconstitutional and all scout oaths and have a high moral in Chief and as we stand behind those because it contains the words ‘‘under standard. We see it in our schools when brave men and women who wear the God.’’ Mr. Speaker, I strongly oppose they preempt Christmas programs and uniform daily and are fighting the war this ruling, and I know that I speak for instead make them holiday programs. on terrorism in Afghanistan and across my constituents when I say that the We see it at city halls when all of a the world. court should reverse itself or the Su- sudden a manger scene or some rec- This decision could not have come at preme Court should overrule it. If they ognition of Hanukkah are left out dur- a worse time. This decision was ill ad- do not, then this Congress should act ing those holy months. We see it when vised. It was ridiculous, and we need to to protect the Pledge of Allegiance. the courthouse takes down the Ten send a clear message that we are going For decades, Americans have said the Commandments; and we see it when to stand as a Congress to see that the Pledge of Allegiance as a way to show the National Endowment for the Arts words ‘‘under God’’ stay in the Pledge their respect and love for this country. subsidizes art works, supposed, so- of Allegiance, or what will be next? We say it every day we are in session called art work that attacks Christi- Mr. Speaker, above the Chair’s head, here on the floor of the people’s House. anity but then passes when it comes to ‘‘In God We Trust.’’ Will that be the The pledge is a statement reaffirming religious works. next thing to be attacked? Our cur- our belief in our country and the val- b 1430 rency, ‘‘In God We Trust.’’ Will that be ues for which it stands. Now more than the next to be attacked? We need to ever those values, liberty, justice, Yes, getting God out of the Pledge of stand united and send a clear message Allegiance is bad; but it is part of an equality, are so needed. that we are not going to adhere to this I urge my colleagues to support this attempt, an overall attempt to use the ridiculous decision, and I hope it will resolution and to support the Pledge. judicial system to attack our funda- be overturned as quickly as possible. Mr. LINDER. Mr. Speaker, I am mental liberties, especially the lib- Mr. LINDER. Mr. Speaker, I am pleased to yield such time as he may erties of those of us who believe in God. pleased to yield 3 minutes to the gen- consume to the gentleman from Illi- This is one reason why many of us tleman from Mississippi (Mr. PICK- nois (Mr. HYDE), my friend. are so concerned about who controls ERING). (Mr. HYDE asked and was given per- the United States Senate, because it Mr. PICKERING. Mr. Speaker, I rise mission to revise and extend his re- will be the United States Senate who to proudly support the rule and this marks.) controls who is on the Supreme Court. resolution. One Nation under God, indi- Mr. HYDE. Mr. Speaker, we ought to No one has ever been forced to pray or visible. If we look in this great Cham- thank the court. It brought us to- to acknowledge God, but the liberal co- ber, behind the Speaker, ‘‘In God We gether, Democrats and Republicans, in alition that is involved in taking this Trust.’’ My colleagues may not be able unanimity, something that is seldom Pledge and eliminating God from the to see, but right in front of me, lining seen around here. Pledge are using our courts to attack this Chamber, there are historical fig- Actually, though, the court’s deci- the freedom of those who do believe in ures. The most central historical figure sion embarrasses us. We have been liv- God and attack our rights to our ex- is Moses, the 10 Commandants. If we ing in a dream world. Back in the pression. look to the symbol of our Nation, the Mayflower Compact in 1620, first sen- Today, those of us who believe in eagle, under the eagle are the words ‘‘e tence, ‘‘in the name of God, amen.’’ God, those of us who cherish liberty pluribus unum,’’ ‘‘for many there is If we go on through that to the Dec- need to unite to make sure that those one.’’ laration of Independence, ‘‘We hold who would use our court system, espe- This Pledge has united school chil- these truths to be self-evident, that all cially on to the Supreme Court, are de- dren across our country for generation men are created equal and are endowed feated in their attempts to neuter after generation. It is a uniting force, by their creator, with certain inalien- America of its traditional recognition indivisible. It is not a force of division able rights, among which are life, lib- of God. I for one stand for liberty, and in our country. It recognizes that our erty and the pursuit of happiness.’’ Our together we will keep God in our country under God, our liberty under human rights are the endowment from Pledge of Allegiance; and we will de- God, our unity under God. the Creator. That is a fundamental feat this war to sever America and We need to make sure that this out- premise of America, and it is in our Americans from our religious tradi- of-control court is put back in place birth certificate, the Declaration of tions, and we will protect our people’s and that our traditions and our expres- Independence. precious rights to have their faith in sions are maintained, whatever it The Treaty of Paris, which resolved God and to express it; and at the same takes. the Revolutionary War, mentions God.

VerDate May 23 2002 00:01 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.050 pfrm72 PsN: H27PT2 B047 Case:H4124 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 94 Date— HOUSEFiled: 05/05/2010 EntryJune ID: 27, 5443428 2002 Abraham Lincoln on November 19, with public dollars. I was very inter- and say a prayer and I do not care what 1863, in a cold, windy little cemetery in ested in the decision. It said that par- religion they are, somebody is going to Pennsylvania asked a very haunting ents have a choice to where they send listen. question, whether this Nation, con- their children, that the dollars go to b 1445 ceived in liberty and dedicated to the the parents, and so, therefore, it is not proposition that all men are created a violation of the establishment clause. Mr. MCGOVERN. Mr. Speaker, I yield equal, can long endure, and the end of The dissenting justices, who I agree 2 minutes to the gentlewoman from with, said but it is clear based on the Texas (Ms. JACKSON-LEE). that greatest speech in American lit- Ms. JACKSON-LEE of Texas. Mr. facts in this case that 96.6 percent of erature, he says that we here highly re- Speaker, I thank the distinguished gen- the students of the Cleveland public solve but that these dead shall not tleman of the Committee on Rules for have died in vain and that this Nation, schools go to religious institutions and yielding me this time and also for the under God, shall have a new birth of there are very few other options other very fine presentation that he made freedom and that government of the than religious institutions for these today. I think he clarified the debate people, by the people and for the people children to go to. that will be framed even more as we shall not perish from the Earth. Many of my colleagues know that be- move into general debate. So we are embarrassed by the deci- fore I came to this body I served as a I would like to just briefly, though sion. We have been barking up the judge, and I was very proud to be a there is much that I can say from the wrong tree. We thought it was a good judge, and I am very proud of the pro- patriotic perspective and my love for thing to acknowledge the fatherhood of fession of judges that I sat with and this country, but more importantly the God, to acknowledge our debt to Provi- that I served with. But I have to say great honor I take in saying the Pledge dence and to do so in a public way. The that these two decisions yesterday, de- to the United States of America every Supreme Court in 1892, in a case called cision in regard to the Pledge of Alle- day, and would encourage the young Church of the Holy Trinity versus the giance to the United States of America people of America to take as much U.S. said, ‘‘This is a religious Nation.’’ and today’s decision by the U.S. Su- pride in pledging loyalty to their Na- That same court in 1951, in a case preme Court with regard to vouchers tion. But I do want to speak to the ap- called Zorach said, We are a religious has disappointed me. propriateness of the resolution as it is people whose institutions presuppose a The last thing I would say, Mr. constructed, and that is a disagree- supreme being. Speaker, is as we talk about the impor- ment with the context and the decision So this decision by these three tance of this Pledge of Allegiance to of the particular court. judges, two of the three judges in the the United States, lest we not remem- I am very much respectful of the Ninth Circuit, is based on a total lack ber that portion which says with lib- independence of the three branches of of respect, if not knowledge, of Amer- erty and justice for all, let us make government, the executive, the judici- ican history, of American culture, of sure that all get liberty and justice. ary and the legislative; and so it is ap- American tradition. It is an embarrass- Mr. LINDER. Mr. Speaker, I am propriate that the context is such that ment; and we as a coequal branch of pleased to yield such time as he might we express disagreement, but I will ex- government ought to rise up and say consume to the gentleman from Cali- pand more in terms of debate and dis- no, no, it is wrong, and acknowledge, fornia (Mr. CUNNINGHAM). cussion on the language that is in this continue to acknowledge the primacy Mr. CUNNINGHAM. Mr. Speaker, court opinion that suggests that our of the supreme being who has blessed George Washington was quoted as say- children will be put in untenable posi- this country for more than 225 years. ing, ‘‘An atheist is a person with no in- tions of choosing between participation Mr. MCGOVERN. Mr. Speaker, I yield visible means of support,’’ and I think in an exercise with religious context or 3 minutes to the gentlewoman from that that person that brought this law- protesting. That is not accurate. Ohio (Mrs. JONES). suit forward, I do not think, I know, he In fact, what actually occurs is the Mrs. JONES of Ohio. Mr. Speaker, I has got the right to feel like he does; right of freedom of religion and speech. thank the gentleman for yielding me but it is also our right to detest that The speaker has freedom of speech the time. particular point of view. under the first amendment, and the in- I rise here in support of this resolu- We stand here today, I do not care if dividual who chooses not to say the tion. I am a graduate of Cleveland pub- someone is a Christian, Muslim, Jew, I Pledge of Allegiance has the freedom of lic schools, and I can remember as a think to denounce that decision that religion. Therefore, I am unsure of the little girl at Miles Standish Elemen- was made in Ninth Circuit Court, and I line of analysis that the court has tary School learning the Pledge of Al- would tell my colleagues, there was a made to suggest that one is protesting legiance to the flag and it being so im- time in my own life, I was raised in a and that it is untenable. That indi- portant to me. In third grade, we Christian family, had to go to church vidual is expressing their freedom of religion by their decision as to not ex- learned French, and we even learned every Sunday. When I got out on my press themselves through the Pledge of how to say the Pledge of Allegiance in own, I could not say that I actually Allegiance to the United States of French in that third grade class; and knew that there was a God at one time. On May 10, 1972, over the skies of America. here I stand 53 years old, and I am still I would hope that as this decision Vietnam, my aircraft was hit with a able to remember that I said: Je jure makes its way through to the Supreme surface-to-air missile and the airplane fidelite au drapeau des Etats -Unis Court we will once and for all under- started going out of control, and it ac- d’Amerique et a la Republique qu’il stand the context of the first amend- represente, une Nation sous Dieu, and tually rolled upside down; and like ment, that is the freedom of expres- so forth. We learned it in French and it many people, the only time I would sion, the freedom of religion, and the was very important to me as I thought ever ask for God’s help was when I was choice to do so. about it. in trouble. I remember thinking, God, Mr. MCGOVERN. Mr. Speaker, I yield I too am embarrassed by the Ninth get me out of this, I do not want to be myself such time as I may consume, Circuit Court. I am embarrassed that a prisoner of war or die. The airplane and I would close by urging my col- this court would take a pledge, when righted itself as I took the stick and leagues to support this rule and sup- we make allegiance to our country, and put it to the left side, and I remember port the underlying resolution. try and take it out of context and thinking, God did not have anything to Mr. Speaker, I yield back the balance move on; but I am even more dis- do with this, it was just my superior of my time. appointed today in the United States flying skills that righted this airplane; Mr. LINDER. Mr. Speaker, I yield Supreme Court, because I come from but about that time, the airplane went myself such time as I may consume, the great city of Cleveland. back upside down, and I remember and I urge my colleagues to support Today this United States Supreme thinking, God, I did not mean it, get this resolution and to support the un- Court made the decision that vouchers me out of here. derlying bill. were not unconstitutional, that vouch- I will tell the people that are atheist Mr. Speaker, I yield back the balance ers in the establishment clause could or do not support this resolution, all of my time, and I move the previous be used to pay for religious education they have to do is get on their knees question on the resolution.

VerDate May 23 2002 00:01 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.105 pfrm72 PsN: H27PT2 B048 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 95 Date— HOUSEFiled: 05/05/2010 Entry ID:H4125 5443428 The previous question was ordered. (4) the Ninth Circuit Court of appeals We recognize the right of those who The resolution was agreed to. should agree to rehear this ruling en banc in do not share the beliefs expressed in A motion to reconsider was laid on order to reverse this constitutionally infirm the Pledge not to participate, but this the table. and historically incorrect ruling. ruling treats the mere reference to re- f The SPEAKER pro tempore (Mr. ligion as inherently evil and coercive. SHIMKUS). Pursuant to the rule, the SENSE OF HOUSE THAT NEWDOW It is simply a barefaced attempt to re- gentleman from Wisconsin (Mr. SEN- move all religious references from the V. U.S. CONGRESS WAS ERRO- SENBRENNER) and the gentleman from NEOUSLY DECIDED public arena by those who disagree. In Virginia (Mr. SCOTT) each will control effect, it is a heckler’s veto. Mr. SENSENBRENNER. Mr. Speak- 20 minutes. Our Nation’s founders based their er, I move to suspend the rules and The Chair recognizes the gentleman claim of independence upon the laws of agree to the resolution (H. Res. 459) ex- from Wisconsin (Mr. SENSENBRENNER). nature and nature’s God. The Founders pressing the sense of the House of Rep- GENERAL LEAVE of our Nation declared all men to be resentatives that Newdow v. U.S. Con- Mr. SENSENBRENNER. Mr. Speak- endowed with inalienable rights by gress was erroneously decided, and for er, I ask unanimous consent that all their creator and urged their revolu- other purposes. Members may have 5 legislative days tion relying upon the protection of di- The Clerk read as follows: within which to revise and extend their vine providence. Thus, God is referred H. RES 459 remarks and to include extraneous ma- to or alluded to four times in the Dec- Whereas on June 26, 2002, the Ninth Circuit terial on House Resolution 459, the res- laration of Independence and countless Court of Appeals held that the Pledge of Al- olution under consideration. times in other documents. legiance is an unconstitutional endorsement The SPEAKER pro tempore. Is there In the years since the ratification of of religion, stating that it ‘‘impermissibly objection to the request of the gen- the Constitution, beginning with Presi- takes a position with respect to the purely tleman from Wisconsin? religious question of the existence and iden- There was no objection. dent George Washington’s administra- tity of God,’’ and places children in the ‘‘un- Mr. SENSENBRENNER. Mr. Speak- tion, religious services have been con- tenable position of choosing between partici- er, I yield myself 5 minutes. ducted in government buildings, in- pating in an exercise with religious content cluding the halls of Congress. The Su- or protesting.’’ Mr. Speaker, yesterday, the Ninth Whereas the Pledge of Allegiance is not a Circuit Court of Appeals in San Fran- preme Court begins each session with prayer or a religious practice, the recitation cisco topped itself, not an easy accom- ‘‘God Save the United States and this of the pledge is not a religious exercise. plishment for the court of appeals with Honorable Court.’’ The Supreme Court Whereas the Pledge of Allegiance is the the dubious record of being most likely has upheld the offering of a prayer by verbal expression of support for the United to be reversed by the U.S. Supreme a publicly-funded chaplain to open leg- States of America, and its effect is to instill islative sessions. Lower Federal courts support for the United States of America. Court. It did so by ruling in Newdow v. Whereas the United States Congress recog- U.S. Congress that the voluntary reci- continue to uphold the constitu- nizes the right of those who do not share the tation of the Pledge of Allegiance by tionality of the Federal Government’s beliefs expressed in the Pledge to refrain public school students is an unconsti- Christmas holiday as well as the place- from its recitation. tutional endorsement of religion and, ment of In God We Trust on our cur- Whereas this ruling is contrary to the vast thus, a violation of the first amend- rency. If the Pledge of Allegiance is un- weight of Supreme Court authority recog- ment’s establishment clause. constitutional, then certainly these nizing that the mere mention of God in a public setting is not contrary to any reason- Immediately following this decision, traditions and even the Declaration of able reading of the First Amendment. The I introduced House Resolution 459, ex- Independence are as well. Pledge of Allegiance is a recognition of the pressing the sense of the House that The fact of the matter is that these fact that many people believe in God and the the Newdow case was erroneously de- statements of patriotism reflect the value that our culture has traditionally cided by the Ninth Circuit and the love Americans feel for their country placed on the role of religion in our founding court should agree to rehear this ruling and recognizes the fact that our Nation and our culture. The Supreme Court has rec- en banc. was founded by brave men who stood ognized that governmental entities may, The Ninth Circuit ruling treated the on the principle that all men possess consistent with the First Amendment, recog- word God as a poison pill. Rarely has nize the religious heritage of America. inalienable rights endowed not by man Whereas the notion that a belief in God any court, even the notoriously liberal but by God. This view continues to be permeated the Founding of our Nation was Ninth Circuit, shown such disdain for shared by most Americans today. well recognized by Justice Brennan, who the will of the people, an act of Con- In this time of profound challenges wrote in School District of Abington Town- gress and our American traditions. facing our Nation, the last thing our ship v. Schempp, 374 U.S. 203, 304 (1963) (Bren- What is next, a court ruling taking ‘‘In citizens need is two irresponsible nan, J., concurring), that ‘‘[t]he reference to God We Trust’’ off the money, which judges using the Pledge of Allegiance divinity in the revised pledge of allegiance . . . may merely recognize the historical fact the dissenting judge expressed his con- to promote what can only be character- that our nation was believed to have been cern about? Or how about banning the ized as an effort to purge the public founded ‘under God.’ Thus reciting the performance of God Bless America arena of all religious references. pledge may be no more of a religious exercise from 4th of July celebrations at local Yesterday’s ruling is dumb. It is an than the reading aloud of Lincoln’s Gettys- courthouses and in parks next week? insult to the brave men that founded burg Address, which contains an allusion to Any fourth grader knows that the our Nation and preserved it for over 200 the same historical fact.’’ Pledge of Allegiance is not a prayer or years, and we in Congress should do Whereas this ruling treats any religious reference as inherently evil and is an at- a religious practice. Therefore, its reci- whatever it takes to void this laugh- tempt to remove such references from the tation is not a religious exercise. Rath- able ruling. public arena. er, as my resolution states, it is a Mr. Speaker, I reserve the balance of Now, therefore, be it resolved by the House verbal expression of support for the my time. of Representatives, That it is the sense of United States of America, and its ef- Mr. SCOTT. Mr. Speaker, I yield my- the House of Representatives that— fect is to instill support for the United self such time as I may consume. (1) the Pledge of Allegiance, including the States of America. Mr. Speaker, I believe the reasoning phrase ‘‘One Nation, under God,’’ reflects the In truth, yesterday’s ruling is the historical fact that a belief in God per- in the majority opinion in this case is meated the Founding and development of our latest in a string of rulings by mis- sound. It outlines how the phrase Nation; and guided courts misinterpreting the Con- ‘‘under God’’ is in violation of all of the (2) The Ninth Circuit’s ruling is incon- stitution’s establishment clause. Under differing standards developed by the sistent with the U.S. Supreme Court’s First West Virginia Board of Education v. Supreme Court over the last 50 years to Amendment jurisprudence that the Pledge of Barnette, cited by the Supreme Court evaluate challenges under the estab- Allegiance and similar expressions are not in 1943 and which is still good law, indi- lishment clause of the first amendment unconstitutional expressions of religious be- viduals cannot be compelled to recite to our Constitution. lief; and (3) The phrase ‘‘One Nation, under God,’’ the Pledge of Allegiance, and in this Nevertheless, Mr. Speaker, I tend to should remain in the Pledge of Allegiance case children were not compelled to agree with the dissent in this case; and and say the Pledge. the operative language that persuaded

VerDate May 23 2002 00:01 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.088 pfrm72 PsN: H27PT2 B049 Case:H4126 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 96 Date— HOUSEFiled: 05/05/2010 EntryJune ID: 27, 5443428 2002 me is language on page 9132, which It appears that this Ninth Circuit laws of the land that the courts have. says, ‘‘But, legal world abstractions Court of Appeals has experienced an- My colleague from Virginia is abso- and ruminations aside, when all is said other short-circuit. This court went lutely correct. When we look to the and done, the danger that ‘‘under God’’ way too far, and we know that. This courts, we look to them to establish a in our Pledge of Allegiance will tend to Congress is committed to righting that body of law; and, of course, the Con- bring about a theocracy or suppress court’s wrongs, starting right here, gress has a responsibility as an equal somebody’s beliefs is so minuscule as right now, today. in the lineage of hierarchy in this Na- to be de minimis. The danger that Now, according to this absurd logic, tion, judicial, legislative and execu- phrase presents to our first amend- the following could be in danger of tive, to speak its will and its mind. ment’s freedoms is picayune at most. being outlawed: What I consider the resolution today Judges, including Supreme Court Jus- The four mentions of God in the Dec- is a Congress speaking its will and its tices, have recognized the lack of dan- laration of Independence that made our mind. It is speaking to the American ger in that and similar expressions for country free; the oath that each Presi- people. It is saying all is well. It is sug- decades, if not for centuries.’’ dent takes to uphold the Constitution, gesting to them its interruption of the But whatever we think of the deci- which holds our Nation together; the utilization of the Pledge of Allegiance, sion, Mr. Speaker, the only thing worse words etched right here above the something that is done most mornings than the decision is the spectacle of Speaker in this august institution that in our schools around the Nation, most the Members of the United States helps govern our Nation; the phrase times at ceremonial activities, and cer- House of Representatives putting aside that begins with each U.S. Supreme tainly after September 11, recognizing discussions of prescription drug bene- Court session, ‘‘God Save the United the privilege we have in this country to fits under Medicare to take up and pass States;’’ the oath of witnesses to tell pledge allegiance to the flag of the this resolution. When we were sworn the truth in courts that protect us; our United States of America. in, we promised to uphold the Constitu- own currency that keeps our Nation But allow me to take the first tion, and it is important to acknowl- prosperous; and the singing of God amendment again and refer us to it as edge that any court ruling based on bless America on the steps of this Cap- I read from the Constitution of the constitutional rights will be unpopular. itol that signaled yesterday our re- United States which says ‘‘Congress If the issue were popular, the litigant solve. shall make no law respecting an estab- would vindicate his rights using the So as my colleagues can see, this ab- lishment of religion or prohibiting the normal democratic process. Obviously, surd decision was made by a court run free exercise thereof, or abridging the the fact that the litigant had to rely on amuck; and I urge all our Members, of freedom of speech or of the press or the constitutional rights means that he all political stripes, to send a very right of the people peaceably to assem- was in the minority. clear message and put the stars and ble and to petition the government for This is the way it always is with con- stripes, along with the words ‘‘God a redress of grievances.’’ stitutional rights. An individual does Bless America’’ as the banner for their Mr. Speaker, I believe the first not need a constitutional right of free- .gov websites. amendment is the first amendment be- dom of speech to say something pop- As upset as we all are, once again we cause the Founding Fathers thought ular. They only need it when the ma- must summon the best in us to defend this had to be one of the highest tenets jority has the legislative and police this one Nation, under God, indivisible, of our democracy. Why? Because our power to stop them from expressing with liberty and justice for all. This country was founded on those who were their views, and the decision will obvi- Congress is not going to let anyone fleeing from persecution. ously not be politically popular. I would take issue, and I have the In that light, Mr. Speaker, what strip our Nation of our proud heritage; right now as I am debating on this Members of Congress think of the deci- not now, not ever. floor, I have a right to take issue, I sion is irrelevant. If the judicial branch b 1500 have a right to make a statement of finds the Pledge to be unconstitu- Mr. SCOTT. Mr. Speaker, I yield 30 what I believe in, is that in pledging al- tional, which I do not believe it will ul- seconds to myself. legiance to the flag or not pledging al- timately do, no bill we can pass will Mr. Speaker, on constitutional legiance to the flag, Americans are exchange that. issues, the judicial branch and the Su- Mr. Speaker, because the decision is ercising their freedom of religion. It is preme Court is the law of the land, based on constitutional rights, it will not classified or should not be classi- even if those decisions are unpopular. always be unpopular, and what we fied as forcing someone to protest. An If we had to wait for school integra- think about the decision is irrelevant, individual is absolutely within their tion to be popular in America, people and because we have important busi- right to exercise their freedom of reli- in many States would still be going to ness to address, I would hope that this gion. segregated schools. It is important resolution will be defeated. I disagree with the decision of this Mr. SENSENBRENNER. Mr. Speak- that we note that the Supreme Court is particular court, but I do believe it has er, I yield 2 minutes to the distin- the law of the land on constitutional the right to move forward through the guished gentleman from Texas (Mr. issues. judicial process to express its view as Mr. Speaker, I yield 4 minutes to the DELAY), the majority whip. well. Mr. DELAY. Mr. Speaker, I appre- gentlewoman from Texas (Ms. JACK- Let me share the dissent of the court ciate the gentleman yielding me this SON-LEE). that I think is accurate. Judge Ferdi- time. (Ms. JACKSON-LEE of Texas asked nand Fernandez pointed out in dissent: I just want to answer the last speak- and was given permission to revise and ‘‘The establishment clause tolerates er. That kind of attitude that thinks extend her remarks.) quite a few instances of ceremonial that when a judge speaks that that is Ms. JACKSON-LEE of Texas. Mr. deism. Is it okay to sing ‘God Bless the law of the land, well, it does not Speaker, I indicated earlier today that America’ or ‘America The Beautiful’ at work that way by the Constitution. I adhere to the loyalty Pledge that is official events? Is American currency There are checks and balances in our taken by all of us to pledge allegiance unconstitutional?’’ Constitution, and what Congress does to the United States of America and The answer must be, as Judge Ferdi- is relevant to what the judiciary does. find comfort in the fact that since 1954, nand Fernandez argues, that in certain Congress is going to stand up in this we have been able to say ‘‘one nation expressions it is obvious that the tend- particular case and fight the judiciary under God, indivisible.’’ I say it with- ency to establish religion in this coun- of this country and stop them from out hesitation, and I support this reso- try ought to interfere with the free ex- running amuck. There is account- lution. ercise or nonexercise of religion is de ability built into the Constitution, as Allow me, however, to track an un- minimus. long as this Congress understands that derstanding for the American people. I My point is to take that a step fur- they have a responsibility to defend think that is important. It is likewise ther and suggest that the first amend- the Constitution against a runaway ju- important to acknowledge the status ment allows one to exercise their reli- diciary. and the position as it relates to the gious faith. In not saying the Pledge of

VerDate May 23 2002 00:01 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.090 pfrm72 PsN: H27PT2 B050 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 97 Date— HOUSEFiled: 05/05/2010 Entry ID:H4127 5443428 Allegiance, it is exercised. It is not a of such concern to me, my colleague God is de minimis in terms of saying protest. I say it. I willingly say it. I be- from Ohio mentioned this, and the dis- that someone is practicing religion. I lieve it should be said. I do not believe tinguished chairman mentioned the support the fact that saying ‘‘under it is unconstitutional. I believe this Dred Scott case, and none of us would God’’ is not violating religious free- resolution is intact and appropriate be- claim to be in the House at that time dom. cause it allows an equal, independent in the 1800s. Maybe we are looking Mr. HYDE. Mr. Speaker, will the gen- branch of government to express its quite young at this point, but I would tlewoman yield? viewpoint on a decision that is made. join him in asking for a commentary Ms. JACKSON-LEE of Texas. I yield We all have to adhere to the procedures on that case. to the gentleman from Illinois. of this lands, the democracy as it Likewise, some of us are going to be Mr. HYDE. Mr. Speaker, it is ‘‘de works; and that is a republic, three asking for a comment on the question minimis’’ that offends me. branches of government. We will watch dealing with the constitutionality of Ms. JACKSON-LEE of Texas. It is in this case as it goes forward. I proudly vouchers. We happen to believe that the court’s ruling. rise to support this resolution because that fosters segregation, as opposed to Mr. HYDE. Mr. Speaker, I understand I believe the interpretation is accurate. opening the doors of opportunity. What the court’s ruling, and it was in the Mr. SENSENBRENNER. Mr. Speak- this does, in fact, is I hope out of the editorial in the Washington Post; but I er, I yield myself 30 seconds. spirit of bipartisanship, and I certainly disagree. Mr. Speaker, I am a little bit dis- hope the distinguished majority whip Ms. JACKSON-LEE of Texas. It is in turbed that what the gentleman from was not suggesting that this issue is the dissent. Virginia (Mr. SCOTT) seemed to have liberal or conservative, we are all over Mr. HYDE. I disagree. said was that Congress should never the lot on this particular legislative Ms. JACKSON-LEE of Texas. Mr. question a court decision that is based initiative. I support it, but I am going Speaker, in reclaiming my time, if the on constitutional grounds. Had he and to be looking for bipartisan support gentleman from Illinois (Mr. HYDE) dis- I been in Congress before the Civil War when it comes to discussing what I agrees, would he please indicate that when the Supreme Court decided the think is an untimely decision on the he is disagreeing because he does not Dred Scott case, I am sure both of us voucher issue, and certainly an unlike the term ‘‘de minimis’’ used by the would be asking the House of Rep- timely issue as I review it, dealing with judge who is supporting his position, resentatives to go on record opposing the question of drug testing. What we because I am supporting the position that decision as being misguided. We are trying to do here is improve the that we have a right to comment on it are doing something similar to that constitutional rights and freedoms of and am supporting the resolution. today. Americans, not diminish them. Please make sure that is clarified. Mr. Speaker, I yield 1 minute to the Mr. SENSENBRENNER. Mr. Speak- Mr. HYDE. Mr. Speaker, will the gen- gentleman from Ohio (Mr. CHABOT). er, I yield 1 minute to the gentleman tlewoman yield? Mr. Speaker, as chairman of the Sub- from Illinois (Mr. HYDE), the former Ms. JACKSON-LEE of Texas. I yield committee on the Constitution, I rise chairman of the Committee on the Ju- to the gentleman from Illinois. in strong support of this resolution and diciary. Mr. HYDE. I object to ‘‘de minimis’’ against the court’s decision. The Ninth Mr. HYDE. Mr. Speaker, I just want from whatever source. Circuit Court of Appeals’ ruling that to comment on what has been said by Ms. JACKSON-LEE of Texas. I will the Pledge of Allegiance is an uncon- the gentleman from Virginia (Mr. cite that to the Washington Post. stitutional endorsement of religion is a SCOTT) and the gentlewoman from Mr. SCOTT. Mr. Speaker, how much complete misinterpretation of con- Texas (Ms. JACKSON-LEE). time remains on both sides? stitutional law. I would hope that this I could not disagree more. What they The SPEAKER pro tempore (Mr. outrageous decision by this three-judge are saying is because this is de mini- SHIMKUS). Both sides have exactly 101⁄2 panel will be quickly overturned by the mis, because that was in the dissenting minutes remaining. full Ninth Circuit Court or, if nec- view, therefore, it is okay to let it go. Mr. SENSENBRENNER. Mr. Speak- essary, by the United States Supreme That is a way of standing on two er, I yield 2 minutes to the gentleman Court. stools. That is a way of having it both from Pennsylvania (Mr. GEKAS). Incredibly, while Americans are pull- ways because it is not important. Mr. GEKAS. Mr. Speaker, I thank ing together following the horrific Well, I do not think that it is unim- the gentleman for yielding me this events of September 11, a panel of lib- portant. I do not think that it is triv- time. eral Federal judges has chosen to chal- ial. I think acknowledging the primacy The game is just beginning. We are in lenge the time-honored Pledge of Alle- of almighty God is of transcendent im- the first inning of what may turn out giance. Like most Americans, I reject portance, and I guess de minimis is in to be a long game in trying to overturn the court’s unconscionable decision the minds of the analysts; but I could this decision by the Ninth Circuit. We and stand resolutely with my col- not disagree more. In addition to the must remember that this was only a leagues today as we vote overwhelm- Dred Scott case, Plessy v. Ferguson, three-judge panel, not representing ingly to oppose this attack on an there is a whole line of cases that I am necessarily the total views of all the American symbol that we all hold dear. sure the gentleman from Virginia (Mr. Ninth Circuit. In that regard, we have Mr. Speaker, for all of the veterans SCOTT), my distinguished learned directed that a letter be sent to the who risked their lives for our country, friend, would disagree with and not in- presiding judge of the Ninth Circuit to for all the servicemen and service- vest them with a dignity because they ask that they reconsider the decision women who serve today, and for all of come from the Court. rendered by the three-judge panel, our children who recite the Pledge And, lastly, I point out to my dear which is within our right to ask and every morning with respect and admi- friend, the gentlewoman from Houston, which is within the right of the Ninth ration, I urge my colleagues to support Texas (Ms. JACKSON-LEE), that the first Circuit to reconsider. So now we this resolution and condemn the amendment has two parts: the estab- stretch out the possibilities that we court’s decision. lishment and the free exercise. have to overturn this decision. If they Mr. SCOTT. Mr. Speaker, I yield 2 Mr. SCOTT. Mr. Speaker, I yield 1 do the right thing and overturn their minutes to the gentlewoman from minute to the gentlewoman from Texas own panel, the game has ended. If not, Texas (Ms. JACKSON-LEE). (Ms. JACKSON-LEE). then the game stretches on to the Su- Ms. JACKSON-LEE of Texas. Mr. Ms. JACKSON-LEE of Texas. Mr. preme Court, which will undoubtedly Speaker, I indicated my support for Speaker, if the distinguished gen- undertake this case. this resolution because I believe this is tleman from Illinois (Mr. HYDE) would We will be guided when we see it go an appropriate comment time by the listen, the chairman, he has misinter- to the Supreme Court with the fact House. Let me also suggest to Mem- preted my entire remarks. I quoted that another circuit has found just the bers, however, that what happens with from the dissent, and what I said was opposite of what the Ninth Circuit may this kind of approach, and I am at this out of the dissent of Judge Fernandez, be leading to draw, and so we are moment thinking of this because it is I believe, that any commentary about strengthened by the resolve that when

VerDate May 23 2002 00:01 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.092 pfrm72 PsN: H27PT2 B051 Case:H4128 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 98 Date— HOUSEFiled: 05/05/2010 EntryJune ID: 27, 5443428 2002 it goes to the Supreme Court we will Mr. SENSENBRENNER. Mr. Speak- pendence for which so many veterans have precedent on the other side of the er, I yield 1 minute to the gentleman have fought and died. It is an outrage issue and we will have in front of the from Indiana (Mr. PENCE), a member of that today as our brave men and Supreme Court in the final innings of the Committee on the Judiciary. women are overseas defending our this game the undoubted wholesome Mr. PENCE. Mr. Speaker, I thank the great country against the threat of ter- fulsome support of the American peo- gentleman for yielding me this time. rorism, these words that represent the ple. Like most Americans, Mr. Speaker, I very core of the American values come The Supreme Court of the United believe in this country, I believe in under attack. States cannot, cannot, discount the God, and I believe in the power and im- I ask my colleagues and the Amer- popular will of the people of the United portance of allegiance to our flag. So I ican people again to show our inde- States in this regard. So my ultimate rise today in strong support of the res- pendence and protest the Ninth Circuit position in all of this is that this will olution. Like millions of Americans, I Court of Appeals decision by joining to- not stand even if we have to then un- was shocked and appalled by the Ninth gether as ‘‘one Nation under God’’ to dertake a constitutional amendment if Circuit’s ruling that references to God recite the Pledge of Allegiance on that the Supreme Court should disappoint in the Pledge of Allegiance are uncon- day we celebrate soon, 226 years of us in this particular issue; and if that stitutional. independence, on July 4. I ask all happens, all the more reason why we Mr. Speaker, we opened this House in Americans to stop what they are doing can say this will not stand because prayer to God today. The walls of this on that day this July 4 and with hand Americans stand together. temple of democracy bear His name. over heart recite the Pledge that has Mr. SCOTT. Mr. Speaker, prior to But we are told that it is unconstitu- reminded millions of schoolchildren yielding to the gentleman from Mary- tional for our children to name God as each and every day of why America is land (Mr. HOYER), the gentleman from they acknowledge their fealty to that the greatest Nation on the face of the Illinois (Mr. HYDE), chairman of the very same Nation. Earth. committee, indicated what would hap- Sadly, this decision is part of a 35- Mr. SCOTT. Mr. Speaker, I yield 21⁄2 pen if we had taken a position on year history by radical secularists who minutes to the gentleman from North Plessy v. Ferguson or Dred Scott. The would twist the freedom of religion Carolina (Mr. WATT). litigants in those cases, Mr. Speaker, into freedom from religion. We must Mr. WATT of North Carolina. Mr. lost and I suspect that the Congress reject this course of judiciary deci- Speaker, I thank the gentleman for might have even approved of that. sions. We must pass the resolution and yielding me this time. Mr. Speaker, I yield 2 minutes to the reaffirm a right understanding. Let me say at the outset that when gentleman from Maryland (Mr. HOYER). I pledge myself to fight every deci- the vote is put on this resolution, I in- b 1515 sion by the judiciary, including this tend to vote ‘‘present.’’ I have had a Mr. HOYER. I thank the gentleman one, that seeks to drive expressions of discussion with the gentleman from for yielding me this time. faith, the Ten Commandments, and Virginia (Mr. SCOTT) earlier today Mr. Speaker, our Nation’s greatness voluntary prayer out of schools and out about whether I agree or disagree with derives not only from our commitment of every corner of American life, so the court’s opinion, the majority opin- to tolerance and a profound belief in help me God. ion, a 2–1 opinion, a part of the court; the separation of church and state but Mr. SENSENBRENNER. Mr. Speak- and I told him I thought I agreed more also from the fact that we have always er, I yield 1 minute to the gentleman with the dissent in the case than I do been, and hopefully will always be, a from Florida (Mr. WELDON). with the majority. Nation of faith. Mr. WELDON of Florida. Mr. Speak- But that is almost a side issue here. Our Declaration of Independence er, I rise to support this resolution. I The real issue is what the gentleman which we celebrate 1 week from today want to particularly commend the gen- from Pennsylvania (Mr. GEKAS) started avowed, and I quote, ‘‘firm reliance on tleman from Wisconsin (Mr. SENSEN- to say, I think, was that the process is the protection of divine providence.’’ BRENNER), the chairman, for bringing still continuing. Three people have en- Every one of our 43 Presidents has said this resolution to the floor in a speedy tered a decision, a 2–1 decision. That a prayer or invoked God during their fashion. decision no doubt will be reviewed by inaugural address. And our Pledge of The American people are crying out the entire circuit court and no doubt Allegiance has included the phrase for action. Here we are in the midst of ultimately be reviewed by the United ‘‘one Nation under God’’ since 1954, a war. Our homeland has been at- States Supreme Court. And while I rec- harkening back to, 100 years prior to tacked. The faith that many Ameri- ognize that this body has a prerogative that, the remarks of President Lincoln cans have had has been rekindled. And to express an opinion about anything it in his Gettysburg address. now we are faced with this over- wants to express an opinion about, I Yesterday, the Ninth Circuit Court of reaching, inappropriate act of a court just do not think that I want to be a Appeals held that the acknowledgment that is misinterpreting our Constitu- party to joining in the collective ex- of a power greater than ourselves or tion. pression of an opinion of the legislative the state was somehow unconstitu- There will be a lot of talk about the side of government to the judicial side tional, notwithstanding the language power of the judiciary versus the power of government on this issue, particu- of Thomas Jefferson in the Declaration of the legislative branch. But I would larly when the case is still pending be- of Independence that we hold these just like to remind all of our col- fore the court and we do not know its truths to be self-evident that all men leagues that the Constitution begins ultimate disposition. are created equal and endowed, not by with ‘‘we the people’’ and that it has I have strong opinions about this the state, not by the majority, but by really vested in the American people issue. I think the Bill of Rights’ first their creator with certain unalienable the authority to make decisions, and amendment and other amendments in rights, and among these are life, lib- they ultimately decide what will hap- the Bill of Rights was intended to pro- erty and the pursuit of happiness. That pen. tect those who are in the minority. Ob- is what we acknowledge when we say I believe that today the American viously, people who do not believe in ‘‘in God we trust.’’ That is what we ac- people are clearly crying out, ‘‘Over- some God are in the minority; but they knowledge when we say ‘‘one Nation turn this decision.’’ are entitled to have their rights pro- under God, indivisible with liberty and Mr. SENSENBRENNER. Mr. Speak- tected, too, and not to be in a coercive justice for all.’’ er, I yield 1 minute to the gentleman setting, so I can certainly understand I adamantly disagree with this mis- from New Jersey (Mr. FRELINGHUYSEN). the decision, although I do not nec- guided decision which runs counter to Mr. FRELINGHUYSEN. Mr. Speaker, essarily agree with it. I just think at our cultural and historical traditions. I I rise in opposition to this ruling which this juncture this body should not be have high hopes that upon reflection found our Pledge of Allegiance uncon- expressing itself on this issue. that either the Ninth Circuit itself or stitutional. The Pledge of Allegiance is Mr. SENSENBRENNER. Mr. Speak- the Supreme Court will reverse this er- a sacred oath all Americans take to up- er, I yield 1 minute to the gentleman roneous and harmful decision. hold the values of freedom and inde- from New York (Mr. GILMAN).

VerDate May 23 2002 00:01 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.098 pfrm72 PsN: H27PT2 B052 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 99 Date— HOUSEFiled: 05/05/2010 Entry ID:H4129 5443428 Mr. GILMAN. Mr. Speaker, I thank suit of happiness. History shows that worst church-state ruling in the last 50 the gentleman for yielding time, and I every godless state every time tram- years. Do we have any resolution on commend Chairman SENSENBRENNER pled on the rights of life, liberty and that one? for bringing this measure to the floor the pursuit of happiness. Under God The Supreme Court today upheld the at this time. and through our creator, we have our random drug testing of high school Mr. Speaker, I rise in strong support rights. We must never forget that. We children, even those not suspected of of H. Res. 459, expressing the sense of must protect it so those who disagree wrongdoing. It is hard to imagine an Congress that Newdow v. U.S. Congress with us will have their rights protected opinion more objectionable from a pri- was erroneously decided by the Ninth as well. vacy standpoint, but do we have any- Circuit Court of Appeals. The Federal I urge my colleagues to continue one calling for a resolution of a pro- court’s decision is truly an insult to standing for the expression of our free- gram on that? our Nation, a disgrace and an absurdity dom under God. And then I have colleagues who come of justice. Moreover, it defies the basic Mr. SCOTT. Mr. Speaker, I yield the to the floor claiming that this is a principles of reason and good judg- balance of my time to the gentleman shocking sign of some fundamental de- ment. It is particularly outrageous from Michigan (Mr. CONYERS), the fect in the judiciary. Now, unlike Bush that such a ruling was made at a time ranking member of the Committee on v. Gore, this decision can be appealed, when our Nation’s dedicated men and the Judiciary. and where there is a strong probability women are fighting an ongoing war The SPEAKER pro tempore (Mr. that it will be overturned. This has against global terrorism, the very epit- SHIMKUS). The gentleman from Michi- been observed as just the first step in a ome of evil. What kind of message does gan is recognized for 51⁄2 minutes. judicial process that usually and ulti- this court’s ruling send to our enemies? Mr. CONYERS. Mr. Speaker, I would mately gets it right. From Plessy v. What message does it send to our patri- like to begin by commending the chair- Ferguson to Brown v. the Board of Edu- otic military personnel out there on man, the gentleman from Wisconsin cation, to the issue of executing men- the front lines? (Mr. SENSENBRENNER), and the manager tally impaired prisoners, the courts Accordingly, I urge the court to re- of this measure, the gentleman from who may have originally lost their way hear the ruling with all due speed and Virginia (Mr. SCOTT), for the excellent ultimately find it again. overturn this egregious injustice per- way that they have conducted it. It has But lost in today’s debate and in the petrated against the very principles been a fair and, I think, revealing dis- resolution before us is the value of our upon which our great Nation was cussion that is so important. I cannot judicial system, the crown jewel of our founded. help but also note that the former democracy. Mr. SENSENBRENNER. Mr. Speak- chairman of the Committee on the Ju- Our Founders, in their wisdom, cre- er, I yield 30 seconds to the gentleman diciary, the gentleman from Illinois ated a system of checks and balances. from Georgia (Mr. KINGSTON). (Mr. HYDE), has considered this an Independent judges with lifetime ten- Mr. KINGSTON. Mr. Speaker, I issue of great importance, as has our ure were given the tremendous respon- thank the gentleman for yielding me colleague, the gentleman from North sibility of interpreting the Constitu- this time. Carolina (Mr. WATT), and the gentle- tion. So it is no surprise over the years I just want to, I guess, me-too-it as woman from Texas (Ms. JACKSON-LEE). that the judiciary has ultimately been much as possible on this. I think it is This is important. the greatest protector of our rights and incredible that at a time when our Na- This radical secularist decision was our liberties. The fact that one panel of tion is at war, when we have suffered rendered by Judge Alfred T. Goodwin, the Ninth Circuit that has rendered one of the greatest domestic tragedies appointed by past President, Richard this opinion should do nothing, I hope, in our history, that a court would be so Milhouse Nixon. And so for all of you to diminish from Members our general, out of touch with America that they who are leading the attack on the left, overarching respect for the judiciary. would say this is what we need at this I do not know this judge and I do not All of this might be justified if there was any point in time, reversing all the other know what his position was, but he real question as to the constitutionality of the court decisions. passed muster in the Senate, he was re- 1954 law that added God to the pledge. But I certainly stand in strong support of viewed and favorably considered by a while the Supreme Court has never specifi- this resolution. I just want to say when sitting Republican President, and I cally considered the question, the justices I was in Afghanistan back in January, think that it is very important that no have left little doubt how they would do so. one of the proudest things I saw were one question the right of the Members Even former Justice William Brennan—a fierce all the young men and women on the of the House of Representatives to ex- high-waller—once wrote ‘‘I would suggest that USS Theodore Roosevelt saluting the press their opinion on this decision or such practices as the designation of ‘In God flag which Rudy Giuliani had flown any other decision. We Trust’ as our national motto, or the ref- over the rubble of the World Trade Cen- What I fear is that it may be in- erences to God contained in the Pledge of Al- ter. I am glad that they also said the tended by some for political gain. But legiance to the flag can best be understood Pledge and that they know that we are that is not a new feature in the course . . . as a form a ‘ceremonial deism’ protected one Nation under God. of our discourse in the House of Rep- from Establishment Clause scrutiny chiefly be- Mr. SENSENBRENNER. Mr. Speak- resentatives. Or some who may be try- cause they have lost through rote repetition er, I yield 1 minute to the gentleman ing to discredit the judiciary in general any significant religious content.’’ Other jus- from Mississippi (Mr. PICKERING), the for the work of two people on the Ninth tices have likewise presumed the answer to cosponsor with me of this resolution. Circuit. the question and no court of appeals should Mr. PICKERING. Mr. Speaker, I rise blithely generate a political firestorm—one that 1530 proudly as a cosponsor of this resolu- b was already beginning yesterday—just to find tion. For over a generation now, our Certainly, the three-judge panel of out whether they meant what they said. courts have taken the wrong path, the Ninth Circuit Court of Appeals ap- Half a century ago, at the height of anti- eliminating prayer from schools, elimi- pears to have presented a ruling that Communist fervor, Congress added the words nating Christmas from our court- runs counter to the existing precedent ‘‘under God’’ to the Pledge of Allegiance. It houses. They are saying today in our regarding the establishment clause, was a petty attempt to link patriotism with reli- courts that access to child pornog- and as someone with great respect for gious piety, to distinguish us from the godless raphy is a constitutionally guaranteed our Pledge of Allegiance, I do not be- Soviets. But after millions of repetitions over right, and today they are saying that lieve its recitation substantively in- the years, the phrase has become part of the saying the Pledge of Allegiance is un- fringes on freedom of religion. backdrop of American life, just like the words constitutional. Now, interestingly enough, just hours ‘‘In God We Trust’’ on our coins and ‘‘God Something is wrong. They are trying ago the United States Supreme Court Bless America’’ uttered by Presidents at the to drive God from the public square, ruled in a 5–4 decision that taxpayer end of important speeches. and this is their fallacy. We believe funds can be used in voucher programs Mr. SENSENBRENNER. Mr. Speak- that our creator endows all men with to support parochial schools. This rul- er, I yield myself the balance of the the right to life, liberty and the pur- ing has been regarded generally as the time.

VerDate May 23 2002 03:42 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.100 pfrm72 PsN: H27PT2 B053 Case:H4130 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD100 Date— HOUSE Filed: 05/05/2010 EntryJune ID:27, 5443428 2002 Mr. Speaker, I agree with my distin- two territories of the privilege of following the and the overwhelming majority of Americans guished ranking member, the gen- tradition in which their parents and grand- do. I urge you to vote ‘‘aye’’ on H. Res. 459. tleman from Michigan (Mr. CONYERS), parents proudly took part. Mr. TRAFICANT. Mr. Speaker, today, I am that the Congress should not pass reso- I am fully aware of the significance of the deeply saddened to hear that a court in Cali- lutions like this every time some of us 1st Amendment’s Establishment Clause, and I fornia has ruled that the Pledge of Allegiance disagree with a court decision. How- wholeheartedly believe in its purpose—to pre- is unconstitutional. ever, this court decision was so out of vent establishment of a state-sponsored reli- After September 11, America turned to pray- bounds in terms of basic American val- gion—which was at the heart of our fight for er. Churches, community groups, colleges, all ues as well as judicial precedent that I independence against the English crown. of America prayed for the victims, their fami- think that we would be remiss in our However, jurists who interpret this vital clause lies, and our great Nation. On the sides of responsibilities as representatives in of the Bill of Rights to prohibit even references buildings and in car windows and even on the an equal branch of government not to to God, as in the Pledge of Allegiance, are roofs of houses the words ‘‘God Bless Amer- express the fact that we strongly dis- way off base. If this decision is allowed to ica’’ could be seen in every city and every agree with what the two judges that stand, can we next assume the 9th Circuit will town across the country. People everywhere struck down the Pledge of Allegiance require the San Francisco mint to cease pro- donned red white and blue ribbons in support decided yesterday. So that is why this ducing U.S. currency with the motto, ‘‘In God of our military forces and preachers every- resolution is here before us. We Trust?’’ Or perhaps, we can look forward where called our great Nation to prayer. Every If we look at the consequences of this to these distinguished jurists prohibiting the morning a moment of silent prayer was offered decision becoming law, they are just singing of our National Anthem at government up for the victims of this great tragedy, way- mind-boggling. We have heard about sponsored events? ward souls who had not set foot in a church the currency being placed at risk. The Supreme Court has already established in years found themselves on their knees Maybe we ought to pay those two in ru- that a person cannot be compelled to recite praying for America. And now, now after that great outpouring of bles or euros or something that does the Pledge of Allegiance. However, this opin- faith, a court in San Francisco has decided not have the offensive motto ‘‘In God ion cites dicta from concurring Supreme Court that the Pledge of Allegiance is unconstitu- We Trust’’ on it. opinion, which has absolutely no controlling tional because it mentions God. ‘‘One Nation, The Declaration of Independence re- authority, stating that the Pledge of Allegiance, under God with Liberty and Justice for all.’’ fers to God either directly or indirectly ‘‘constitutes a government endorsement of re- Beam me up! I ask, what is next? Will we rein four separate places, and the signers ligion because it sends a message to unbe- move ‘‘In God we Trust’’ from our currency of the Declaration of Independence lievers, ‘that they are outsiders of the political and from the House chamber? Will we deny called upon divine providence to sup- community, and an accompanying message to members of Congress the right to recite the port the revolution against the English adherents that they are insider, favored by the Pledge of Allegiance every morning? The crown. What if that is unconstitu- political community.’’’ courts started their assault on God by banning tional? Would Queen Elizabeth come Nothing could be further from the truth, school prayer. The courts then banned the back here to reclaim her sovereignty? I which is why the Supreme Court has rejected this argument. These ceremonial references to public display of the Christmas nativity scene. do not think so. The courts banned students from writing pa- But I think that it is important that ‘‘God’’ neither endorse religion, nor coerce pers about Jesus. Even in my home state of while the Court has a chance to change anyone into adhering to a specific religion. Ohio, the courts have ruled that our state its mind rather than writing something The inclusion of phrases like ‘‘Under God’’ or motto ‘‘With God All Things Are Possible’’ is in that can only be overturned by a ‘‘In God We Trust’’ is solely a reference to unconstitutional! Unbelievable. I am continually constitutional amendment, that we ex- America’s long-standing reverence for our cre- amazed at the utter stupidity of the American ator, and to the freedom and liberties that press ourselves, and that is exactly political system that continues to rationalize, have been bestowed upon us. what we are doing in this resolution. debate, and deny the importance of God and Mr. Speaker, I could not believe the Thankfully, not all the judges of the 9th Cir- why our founders placed in it our Constitution. contorted logic that the two judges cuit are as irrational as the authors of this The founders never intended to separate God that were in the majority in the opinion. Judge Fernandez, writing in his dis- from our schools; the founders simply in- Newdow case used yesterday. They said sent, stated that, ‘‘what religion clause of the tended to ensure that there would not be one 1st Amendment require is neutrality; that those that because all of the other kids ex- State-sponsored religion, period. My col- clauses are, in effect, an early kind of equal cept Mr. Newdow’s daughter got up and leagues know it, I know it, and the American protection provision and assure that govern- recited the Pledge of Allegiance, they people know it. I think that these judges ment will neither discriminate for nor against a were coercing her to do the same. Now, should be tied to a chain link fence and religion or religions.’’ This rationale is precisely that is ridiculous. flogged with a copy of the Constitution! They what was intended when the Bill of Rights was The Court, since 1943, has said, you are so concerned with pleasing the FBI, the adopted and I am confident the full 9th Circuit, cannot compel everybody to say the CIA, and the IRS so they won’t lose their life- Pledge of Allegiance, and those who or if necessary the Supreme Court, will recog- time appointments, that God has become voluntarily do not wish to participate nize this on appeal. background music in a doctor’s office! are perfectly and legally able to sit This point also underscores the necessity of I would like to commend my colleagues in down and not do so. But to use the log- pushing politics aside and confirming federal both the House and the Senate for supporting ical extension of the Court’s contorted judges who understand the Constitution and God and supporting the Pledge of Allegiance. thinking, it gives every heckler and will use common sense and rationality in I also commend our President for taking a every dissident a veto over what the reaching decisions. strong stand on religion and for fighting for our Mr. Speaker, this is a nation ‘‘under God.’’ majority would like to do and to do it country’s religious freedoms. Freedoms that It always has been. If the Republic is to en- in a way that does not coerce some- are taken for granted every single day, but all body who is not in the majority from dure, it must always remain so. I believe that it takes is one voice. One atheist who does doing something against their own Francis Scott Key stated it best, when he not believe that God has a place in our principles or their own beliefs. This penned our national anthem in 1814, while ob- schools, and those simple freedoms are taken resolution tells the court that they serving the valiant defense of Fort McHenry: away. I urge this Congress to take whatever were wrong, that they should review ‘‘Oh! thus be it ever, when freemen shall steps and means are necessary to invite and and reverse. stand allow God back into our schoolrooms. Mr. BARR of Georgia. Mr. Speaker, I rise Between their loved homes and the war’s Mr. GREEN to Texas. Mr. Speaker, today I today to support passage of H. Res. 459, ‘‘Ex- desolation! Blest with victory and peace, may the heav- introduce a constitutional amendment that pressing the Sense of the House of Rep- en-rescued land would protect the rest of the nation from the resentatives that Newdow v. U.S. Congress Praise the Power that hath made and pre- erroneous and ill-timed decision by the 9th was Erroneously Decided.’’ served us a nation. Circuit Court of Appeals that the Pledge of Al- The Pledge of Allegiance is as much of a Then conquer we must, for our cause it is legiance violates the First Amendment’s stric- child’s school day, as English, Math, or even just, ture against the establishment of a state reli- recess. Yesterday, two activists jurists sitting And this be our motto: ‘‘In God is our trust.’’ gion. on the 9th Circuit Court of Appeals in Cali- A handful of judges in ivory towers may not The 9th Circuit, while arguing that this ruling fornia robbed children in its nine states and understand this; but our Founding Fathers did, is a logical extension of previous United

VerDate May 23 2002 03:42 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\K27JN7.110 pfrm72 PsN: H27PT2 B054 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD101 Date— HOUSE Filed: 05/05/2010 Entry ID:H4131 5443428 States Supreme Court decisions, is seeking to to establish a religion, I’ll never know. And Appeals struck down Ohio’s official state protect citizens from the advance of a non- while I will not force anybody to believe what motto, ‘‘With God All Things Are Possible.’’ existent theocracy. Religion and government I believe, neither will I sit still while the ability The Court sided with the American Civil Lib- have existed side-by-side in our nation for of my fellow citizens to practice religion is erties Union in declaring that the motto ex- over 200 years, and we still have yet to estab- trampled upon by a court that failed U.S. his- presses a ‘‘particular affinity toward Christi- lish an official religion for America. tory 101. anity,’’ in violation of the Establishment clause. Writing for the majority, Judge Alfred Good- I am saddened by this ruling, but what is Mr. Speaker the Ohio motto decision was win asserts that the ‘‘profession that we are a most unfortunate is that I am not surprised by ultimately overturned, just as this outrageous nation ‘under God’ is identical * * * to a pro- it. I saw this coming from a mile away, Mr. decision will be overturned. Our Pledge of Al- fession that we are a nation ‘under Jesus,’ a Speaker. It is the logical conclusion to a judi- legiance, along with our Biblically based na- nation ‘under Vishnu,’ a nation ‘under Zeus,’ cial philosophy promulgated over the past 30 tional motto ‘‘In God We Trust,’’ stands as a or a nation ‘under no god,’ because none of years by the politically correct. testament to the undeniable religious founda- these professions can be neutral with respect Mr. Speaker, I pray this travesty of justice tion of our country. ‘‘In God We Trust’’ has to religion.’’ will wake the Daschle-led Senate up so that been upheld in the courts time and again as I disagree, and echo the thoughts of Judge they might fulfill their Constitutional obligation a proper reflection of our nation’s enduring Ferdinand Fernandez, who contended that and confirm President Bush’s nominees. faith. there is only a ‘‘minuscule’’ risk that the use of Mr. CUNNINGHAM. Mr. Speaker, I rise It’s too often overlooked that the First the phrase ‘‘under God’’ would ‘‘bring about a today to join my colleagues in condemning the Amendment’s Establishment clause—‘‘Con- theocracy or suppress someone’s beliefs.’’ Ac- Ninth Circuit Court’s ruling striking down the gress shall make no law respecting an estab- cording to his colleagues, he wrote, ‘‘ ‘God Pledge of Allegiance as unconstitutional. This lishment of religion’’—is followed by the Bless America’ and ‘America the Beautiful’ will decision is unpatriotic—particularly at this time phrase ‘‘or prohibiting the free exercise there- be gone [from public places] for sure, and when our nation is at war. We should be em- of.’’ My constituents are tired of having their . . . currency beware!’’ bracing symbols of national unity like our free religious exercise attacked by fringe Newspapers across the country were quick pledge of allegiance, but instead the Ninth Cir- groups in the name of separation of church to respond, with the Lost Angeles Times, the cuit Court is attacking them. and state. The Ninth Circuit Court’s action is San Francisco Chronicle, The Sun Jose Mer- The argument against the pledge is above nothing more than political correctness run cury-News, and The San Diego Union-Journal all, unreasonable. By declaring the inclusion of rampant. all attacking the decision of the California- the phrase ‘‘under God’’ as unconstitutional, When President Eisenhower approved the based court. They were not alone, though, as the ruling implies that any mention of ‘‘God’’ is addition of the words ‘‘under God’’ to the nationally prominent papers known for their equally inappropriate. Remember—the Dec- Pledge of Allegiance in 1954, he said, ‘‘In this dedication to the First Amendment like The laration of Independence and the Constitution way we are reaffirming the transcendence of New York Times and The Washington Post refer to ‘‘the Lord’’ and ‘‘Creator’’, our currency religious faith in America’s heritage and future; also weighed in with their criticism of the reads ‘‘In God We Trust’’, and even the oaths in this way we shall constantly strengthen court. we take as Congressional members speak of those spiritual weapons which forever will be As for the timing of the issuance of this de- ‘‘God’’. These references are embedded in the our country’s most powerful resource in peace cision, the 9th Circuit chose a time when our very foundation of our country and national and war.’’ During this time of war, when peo- nation is still actively engaged in the war identity—if we stand by and allow this change ple across the nation gather in their homes against terror, with our troops still present in to the pledge, what will be next? Where do we and places of worship to pray for the safety of Afghanistan, searching for al-Qaeda and draw the line? our men and women in uniform, the Ninth Cir- Taliban operatives, providing logistical assist- Mr. Speaker, this court decision will only cuit’s assault on our nation’s faith-based foun- ance and training to Philippine troops in their lessen the already declining respect for our dation cannot stand. It flies in the face of com- pursuit of the al-Qaeda ally organization Abu national symbols and for the liberties for which mon sense, and blatantly ignores a plethora of Sayyaf, and with the wounds of September 11 they stand. Yet devaluing an American symbol court precedents. still fresh in the memory of all Americans. is unfortunately something that America has When we pledge allegiance to our flag, we I ask my colleagues to join me as cospon- been seen before. As you know, in 1989 the are not saluting a mere piece of cloth. Our flag sors of this important legislation, and I hope US Supreme Court ruled that desecration of is the most visible symbol of our nation—a that it will receive speedy consideration by this an American flag was a permissible and con- unifying force in our nation of nearly 300 mil- House. stitutional right. Nevertheless, public dis- lion. Since the Supreme Court invalidated Mr. CRANE. Mr. Speaker, I rise in strong respect for such a well-known symbol only state flag protection laws in 1989, the legisla- support of this Resolution, which recognizes weakens the sense of a united people. When tures in each of the 50 states have passed that the outrageous decision rendered by a we do not protect our flag and the god-granted resolutions petitioning Congress to propose a three-judge panel in San Francisco yesterday liberties it represents, decisions such as the flag protection amendment to the Constitution. has no basis in law. I am referring, of course, one declared yesterday will certainly continue. People across the nation—and across the po- to the Ninth Circuit Court of Appeals decision It is just as essential for Congress to pass litical spectrum—support the right of everyone yesterday to declare the Pledge of Allegiance House Resolution 459 today as it is to pass to affirm the religious foundation of our country unconstitutional. the flag burning amendment. We must send a through our Pledge. Mr. Speaker, I have read the Court’s opin- strong message to the courts of America: we My hometown of Findlay, Ohio, is known as ion, which argues that the inclusion of the value our liberties. We take pride in symbols Flag City USA. Major downtown thoroughfares words ‘‘under God’’ in the Pledge of Alle- of national unity. We will fight to protect the are lined with flags in a patriotic salute to the giance violates the religious clauses of the pledge and the flag to which we profess our greatness of America. Nearby Arlington, Ohio, Constitution of the United States. Specifically, allegiance. which I am also privileged to represent enjoys we are told it violates the Establishment Mr. OXLEY. Mr. Speaker, I stand in strong the designation Flag Village USA. The mes- Clause, which reads as follows: ‘‘Congress support of H. Res. 459, which I am proud to sages I am receiving from Findlay, Arlington shall make no law respecting an establishment cosponsor. I am deeply troubled, but sadly not and throughout my district are clear: we are of religion, or prohibiting the free exercise surprised, that the action of this San Fran- one nation under God, despite this ludicrous thereof.’’ cisco-based court compels us to consider this court action. I know that my constituents and Putting the pieces together, this means that resolution today. all Americans are saying the Pledge of Alle- the Ninth Circuit has determined that phrases Mr. Speaker, the Pledge of Allegiance is giance a little louder and with even more such as ‘‘under God,’’ or ‘‘In God We Trust’’ one of the first things that children learn to re- pride. tend to establish a religion, or to suppress cite in school. Adults still place their hands Mr. KLECZKA. Mr. Speaker, I strongly op- anyone’s exercise of religion.’’ This conclusion over their hearts when they say it. This simple pose yesterday’s 9th U.S. Circuit Court of Ap- is absurd on its face. thirty-one-word affirmation of our great country peals decision holding that the use of ‘‘under The phrase ‘‘under God’’ when read in the encompasses the affection and devotion of God’’ in the Pledge of Allegiance is unconstitu- Pledge of Allegiance, acknowledges that our Americans young and old toward their flag and tional. rights are derived from our Creator. That is their nation. The case in question originated from a law- principle upon which our country was founded. Two years ago, in a court decision equally suit filed by a parent who felt that the use of How this qualifies as an attempt to suppress as absurd as this Newdow decision, a three- the phrase ‘‘under God’’ impinged on his anyone’s exercise of religion, or how it tends judge panel of the Sixth U.S. Circuit Court of daughter’s First Amendment rights since he

VerDate May 23 2002 03:42 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\A27JN7.055 pfrm72 PsN: H27PT2 B055 Case:H4132 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD102 Date— HOUSE Filed: 05/05/2010 EntryJune ID:27, 5443428 2002 believed that it constituted a sanction of reli- wringing their bread from the sweat of other resolution states, ‘‘the Pledge of Allegiance is gion in the public school she attends. men’s faces; but let us judge not, that we be not a prayer or a religious practice’’ and its This decision was clearly erroneous and I not judged. The prayers of both could not be recitation ‘‘is not a religious exercise’’ but in- find it abhorrent, as do the vast majority of answered—that of neither has been answered stead ‘‘the verbal expression of support for the Americans. It was based upon a total lack of fully.’’ United States of America.’’ However, I think it respect if not knowledge of the traditions, the Abraham Lincoln continued, ‘‘With malice to- is not a good idea for the Congress to attempt values, and the history of our nation. From the ward none; with charity for all; with firmness in to define what constitutes a religious practice very beginning, as the Declaration of Inde- the right as God gives us to see the right.’’ or a prayer. So, I am uncomfortable with the pendence points out, our founding fathers es- Today, we as Americans need to seek the parts of the resolution dealing with those tablished this land based on the idea that indi- right as God gives us to see this right, and points. The resolution is only an expression of viduals were endowed not by man, but by continue to ask God’s blessing on our great opinion, of course, but still I would have pre- ‘‘their Creator with certain unalienable Rights.’’ Nation, whose 226th year of freedom we cele- ferred if those clauses had been omitted. The Pledge of Allegiance is a revered ex- brate next week. Similarly, I am not sure it is correct to say, pression of patriotism recited by millions of Mr. CHAMBLISS. Mr. Speaker, I rise today as the resolution does, that the court’s deci- citizens every day. When it is spoken, it instills in support of House Resolution 459, Express- sion ‘‘treats any religious reference as inher- support for the United States and reflects the ing the Sense of the House of Representa- ently evil and is an attempt to remove such love that Americans feel for their country. The tives that Newdow v. U.S. Congress was Erro- references from the public arena.’’ That seems Pledge does not violate the separation be- neously Decided. to me to be a bit of a stretch, especially since tween church and state since it is not a reli- I do this on behalf of all Georgians who under our legal system the courts rule only on gious statement, but a verbal expression of share my outrage with the Ninth Circuit ruling cases brought to them, and—unlike the polit- Americans’ affection for our country. that our ‘‘Pledge of Allegiance’’ is unconstitu- ical branches of the government—do not have As the dissenting judge pointed out, similar tional. complete control over their agenda. brief references such as the ‘‘In God We For many years, liberals have been unsuc- On balance, however, and for the reasons I Trust’’ that appears on our currency and the cessful in achieving their objectives through have outlined, I am generally in agreement opening call of the Supreme Court, ‘‘God save the consent of the governed and have turned with the resolution, and so I will vote for it. the United States and this honorable court’’ to activist judges who are willing to distort the Mr. CRENSHAW. Mr. Speaker, yesterday, have always been accepted. I am hopeful that Constitution and erase from all public forums the Ninth Circuit Court of Appeals held that the 9th Circuit Court as a whole reverses the any mention of religion and our country’s rich the Pledge of Allegiance is an unconstitutional decision of this three judge panel or that the religious heritage. Mr. Speaker, the First endorsement of religion. The Court stated that Supreme Court takes up the case and over- Amendment guarantees us freedom of reli- the Pledge ‘‘impermissibly takes a position turns this badly mistaken ruling. gion. with respect to the purely religious question of This morning we were proud to recite the Is it any wonder that this year alone, the the existence and identity of God.’’ Further- Pledge of Allegiance on the House floor as we Ninth Circuit Court has been overruled 12 more, the Court concluded that the Pledge do each day. I am a co-author of the resolu- times by the Supreme Court. But in a larger places children in the ‘‘untenable position of tion before us, H. Res. 459, that expresses sense, this ruling is further evidence that our choosing between participating in an exercise the opinion of Congress that the court’s judg- nation is facing a judicial crisis. Liberal special with religious content or protesting.’’ ment was in error. The measure calls for interests are working tirelessly to prohibit the I vehemently disagree with the Court and ‘‘under God’’ to remain in the Pledge, and for confirmation of President Bush’s judicial nomi- rise in strong support of H. Res. 459, a resolu- the decision to be reversed. I urge my col- nees in order to further pack the courts with tion expressing the sense of the House of leagues to support this measure. liberal judges who will promote their liberal Representatives that this case was erro- Mr. SHAYS. Mr. Speaker, I rise in strong agenda thus guaranteeing that ruling such as neously decided. The Court’s ruling is contrary support of H. Res. 459, Expressing the Sense this will become the norm. to the vast weight of Supreme Court authority of the House of Representatives that Newdow Mr. Speaker, I urge my colleagues to pass recognizing that the mere mention of God in a v. U.S. Congress was Erroneously Decided. this resolution, I urge the Department of Jus- public setting is not contrary to any reasonable ‘‘One Nation, under God,’’ reflects the fact tice to immediately appeal this decision and reading of the First Amendment. that a belief in God permeated the founding work to have it overturned. I urge confirmation The Pledge of Allegiance is not a religious and development of our Nation. of the President’s judicial nominees. To date, service or a prayer, but it is a statement of The Pledge of Allegiance is not a prayer of only 28% of the President’s circuit court nomi- historical beliefs. The Pledge represents ev- part of a religious service. It is a statement of nees have been confirmed. The ruling yester- erything that unites us. It is a reminder of the our commitment as citizens to our great Na- day in San Francisco demonstrates that the ideals that we all share—patriotism, loyalty, tion and the role God played in it. time has run out for holding up the President’s and love of country. While I firmly believe in Yesterday, the Ninth U.S. Circuit Court of nominees. We need the President’s judges. the separation of church and state, I also be- Appeals confused the issue of separation of We need them now. lieve that the Constitution was not designed to church and state with the foundation on which Mr. UDALL of Colorado. Mr. Speaker, I sup- drive religious expression out of public sight. our nation was built. ‘‘We hold these truths to port this resolution—not because I necessarily Our people are part of a culture where be self-evident, that all men are created equal, agree that the recent decisions it addresses is many believe in God and value the fact that that they are endowed by their Creator with ‘‘inconsistent with the U.S. Supreme Court’s religion played an important role in the found- certain unalienable Rights, that among these First Amendment jurisprudence’’ as the resolu- ing of this great nation. The United States are Life, Liberty, and the Pursuit of Happi- tion says, but because I do agree that ‘‘the Ninth Circuit Court of Appeals is firmly out of ness.’’ So reads our Declaration of Independ- Ninth Circuit Court of Appeals should agree to touch with what is good and right in America ence. rehear’’ the matter. and with the vast majority of this country’s As a new nation we claimed our freedom I am not a lawyer, and have not had a people and I trust that this fundamentally from any monarch in the Declaration of Inde- chance to carefully review the decision. So, I flawed decision will be quickly overturned. pendence and inherently in the U.S. Constitu- am not prepared to conclude that its author— Mr. Speaker, it is with great pride that I tion because of ‘‘certain unalienable rights’’ a long-serving judge originally appointed by added my name as a cosponsor to this resolu- guaranteed to us by our Creator. President Nixon—was clearly wrong as a mat- tion and I urge my colleagues to join me and President Abraham Lincoln, in his second ter of law. However, it is my understanding send a strong message to all Americans that inaugural address, spoke of God 13 times, not that another appeals court, in a similar case, they should be proud of the religious heritage in an effort to unite church and state but to has ruled differently. So, I definitely think the of America by supporting H. Res. 459. unite our Nation at the conclusion of one of issue needs to be resolved, either through re- Mr. TERRY. Mr. Speaker, I rise in support the most devastating periods in U.S. history, consideration or by the Supreme Court. of H. Res. 459 to firmly denounce yesterday’s the War Between the States. I also strongly agree with the part of the res- outrageous court ruling that the Pledge of Alle- Speaking of the Northern blue and Southern olution which states that ‘‘the United States giance ‘‘is an unconstitutional endorsement of grey, this is what Abraham Lincoln said: ‘‘Both Congress recognizes the right of those who do religion and cannot be recited in schools.’’ read the same Bible, and pray to the same not share the beliefs expressed in the Pledge The Pledge of Allegiance is an American God; and each invokes his aid against the to refrain from its recitation.’’ tradition that instills patriotism, gratitude, and other. It may seem strange that any men I am proud to recite the Pledge of Alle- respect in our children. Many of us grew up should dare to ask a just God’s assistance in giance because I personally agree that, as the pledging allegiance to the flag each morning in

VerDate May 23 2002 03:42 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\FM\A27JN7.059 pfrm72 PsN: H27PT2 B056 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD103 Date— HOUSE Filed: 05/05/2010 Entry ID:H4133 5443428 our school rooms—an honor I want my chil- guish an important element of our nation his- Pledge of Allegiance as unconstitutional. This dren to experience. Many of us also have fam- tory. outrageous decision allows a tiny minority to ily and friends who fought in foreign wars Finally, it is worthwhile to note that the im- impose its atheistic views on the vast majority under the red, white, and blue of Old Glory. portant principle of separation of church and of Americans of all faiths. At the same time, it The Pledge of Allegiance affirms the strength, state is already preserved. Under current law, has no legal foundation. unity, sacrifice, and a commitment symbolized student are not required to recite the Pledge The Pledge of Allegiance is based on the by the flag under which they fought and bled. of Allegiance. It is part of their freedom of same fundamental legal principles that estab- The late Red Skelton ended his now-famous speech to refrain from recruiting it. Lets not lished our Nation under the Constitution. patriotic commentary on the Pledge of Alle- forget that it is also the freedom of speech of This nation has experienced a tremendous giance by saying ‘‘since I was a small boy, other students to recite the Pledge of Alle- rise in patriotism and we continue to take two states have been added to our country, giance. I respect that the Supreme Court will every opportunity to express our pride in this and two words have been added to the ultimately make its own independent judg- country. Yet we have now been told that the Pledge of Allegiance: Under God. Wouldn’t it ment. However, I sincerely hope that it will re- Pledge of Allegiance is a biased statement be a pity if someone said that is a prayer, and verse the 9th Circuit decision. and an injury to hear that we are ‘‘one Nation, that would be eliminated from schools, too?’’ If Mr. CARDIN. Mr. Speaker, I rise today in under God.’’ How ridiculous! allowed to stand, the Ninth Circuit Court of Ap- strong support of H. Res. 459, expressing the I am strongly opposed to this court decision peals’ ruling would make this fear a reality. sense of the House of Representatives that and urge all Americans to join me in express- Generations of school children would be de- the decision of the U.S. Court of Appeals for ing contempt for this ruling. nied their right as Americans to publicly ex- the Ninth Circuit in the case of Newdow v. This case must be appealed to the U.S. Su- press gratitude to those who aided to secure U.S. Congress was wrongly decided. I believe preme Court in an expedited fashion. the blessings of freedom. that students should be able to continue to re- Mr. OTTER. Mr. Speaker, today I rise in We were all inspired by the firemen who cite the full Pledge of Allegiance, including the support of the resolution introduced by my col- risked their lives to stand atop the smoking, phrase ‘‘under God,’’ if they so chose, as the league, representative BOB RILEY opposing the 70-story debris of the World Trade Towers to Pledge is a central part of the heritage of the ruling of the 9th circuit court that the Pledge unfurl the American flag and recite the Pledge United States. of Allegiance is unconstitutional. This is just of Allegiance in its honor. In the face of such Mr. Speaker, the day after the terrorist at- the kind of ridiculous decision we in the West selfless bravery, it is more evident than ever tacks of September 11, 2001, I took the floor have come to expect from the 9th Circuit. In that we are indeed a nation ‘‘under God.’’ of the House to remind members about the an attempt to impose political correctness on The First Amendment to the United States history and importance of our flag to the society at the expense of freedom, these Constitution affirms that ‘‘Congress shall make United States. On September 12, 2001, I stat- judges have ignored the real intent of the no law respecting an establishment of religion, ed: framers of the Constitution. The First Amend- or prohibiting the free exercise thereof . . .’’ Mr. Speaker, it was 187 years ago this very ment says nothing about separating church Our nation’s founding fathers sought to ensure evening that in Baltimore, Maryland, at and state. What it does is prohibit the govern- freedom of religion, not freedom from religion, Fort McHenry, this Nation, this young Na- ment from establishing a state religion or laws as the two Ninth Circuit Federal judges have tion, won its second war of independence. It prohibiting free exercise of religion. What’s erroneously and dangerously concluded. I was the beginning of the end of the War of next? Are they going to declare U.S. currency agree with the dissenting Judge Fernandez, 1812. Francis Scott Key on this very evening 187 years ago wrote his inspirational poem unconstitutional because it bears the words who wrote that ‘‘such phrases as ‘in God we that became our National Anthem. ‘‘In God We Trust?’’ Religious freedom is the trust,’ or ‘under God,’ have no tendency to es- In that third verse, he wrote some words one common unifying quality that makes us a tablish a religion in this country or to suppress that are helpful for us this evening: peace loving, God-fearing nation. We are all anyone’s exercise, or non-exercise, of reli- From the terror of flight or the gloom of the Americans, and the Pledge of Allegiance gion,’’ except in the eyes of those who ‘‘most grave. stands as a testament to the citizens of this fervently would like to drive all tincture of reli- And the Star-Spangled Banner in triumph Nation, and their commitment to each other as gion out of the public life.’’ doth wave. Americans. I urge my colleagues to join me in sup- We survived the attack by a hostile power porting H. Res. 459 to ensure that generations and became the strongest Nation in the Mr. SMITH of Texas. Mr. Speaker, the Ninth of children can pledge allegiance to our flag world, and we will survive this attack on our Circuit Court of Appeals ruling yesterday treats and understand the sacrifices, values, and pa- democratic principles, and we will grow even the reference of God as one would treat pro- triotism that have made our country great. stronger. fanity. Religious references in public discourse Mr. CASTLE. Mr. Speaker, I rise today in Mr. Speaker, the Pledge of Allegiance is a are wrongly under attack. strong support of H. Res 459 expressing the simple, eloquent statement of American val- The Constitution guarantees us that govern- Sense of the House of Representatives that ues. For more than four decades, school chil- ment will not ‘establish’ a religion, but it also the 9th Circuit court of Appeals exercised poor dren have recited it in classrooms across the provides every American—even students—the judgment in deciding 2 to 1 that the phrase country. Students pledge allegiance not only right to freely express their views. We are ‘one ‘‘under God’’ in the Pledge of Allegiance vio- to the flag, but to the nation and our values nation under God’ and we have the right to lated the Establishment Clause of the First and principles. say it. Amendment. Today, the House of Representa- I was heartened to see Americans all across I urge my colleagues to support this resolu- tives joins the Senator, which voted unani- our great nation pause for the Pledge on June tion. mously, to object publicly to this decision. 14, Flag Day. The Supreme Court, Mr. Speak- Mr. HORN. Mr. Speaker, yesterday, the Because our Constitution only grants the er, regularly opens its proceedings with the in- Ninth U.S. Circuit Court of Appeals ruled in a Supreme Court the power to make a final injunction ‘‘God save the United States and this 2–1 decision that the words ‘‘under God’’ as terpretation of the Constitution, Congress can- Honorable Court.’’ Congress opens its busi- recited in the Pledge of Allegiance were un- not overturn this decision. However, it is en- ness for the day with a prayer and the Pledge constitutional. The case was brought before tirely appropriate for Congress to express its of Allegiance, as do many of our state legisla- the panel of three judges by Michael A. collective opinion about this 9th Circuit deci- tures. We should continue this fine tradition in Newdow, a self-described atheist who pro- sion. I hope the Supreme Court is listening as our public institutions of government, as well tested the requirement of the pledge at his it will likely hear the appeal on this case. as our schools. second-grader’s school in the Elk Grove Uni- The Pledge of Allegiance is not a prayer. It At this most trying time for our nation, when fied School District in Sacramento, California. is an expression of support for our nation just American values and our democracy are His case had previously been dismissed by as ‘‘In God We Trust’’ is on our currency or under attack from terrorist both at home and the U.S. District Court. singing the song ‘‘God Bless America.’’ These abroad. Congress should send a clear mes- Writing for the majority, Judge Alfred T. phrases are a form of ceremonial deism, not sage to the nation that we believe the Pledge Goodwin found that Newdow had standing as an establishment of religion. Anyone who of Allegiance continues to unite us. a parent to ‘‘challenge a practice that inter- thinks the Pledge of Allegiance will lead us to Mr. Speaker, I urge passage of this resolu- feres with his right to direct the religious edu- abandon democracy and establish a theocracy tion. cation of his daughter.’’ Following the prece- is wrong. I hope they will come to realize that Mrs. ROUKEMA. Mr. Speaker, I am dent establish by the Supreme Court in related attempt to extinguish the phrase ‘‘God’’ from shocked and appalled by the U.S. Court of school prayer cases, the Court ultimately de- the public forum is really an attempt to extin- Appeals for the Ninth Circuit’s ruling of the cided that the 1954 Act, which placed the

VerDate May 23 2002 03:42 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 9920 E:\CR\FM\A27JN7.061 pfrm72 PsN: H27PT2 B057 Case:H4134 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD104 Date— HOUSE Filed: 05/05/2010 EntryJune ID:27, 5443428 2002 words ‘‘under God’’ in the Pledge was uncon- irresponsible rulings. My constituents deserve tion than any other speech. Religion should be stitutional because it violated the Establish- better, the people of the nation deserve better, a more highly protected value, not a less pro- ment Clause of the First Amendment. The rul- and the constitution deserves better. tected value. At the very least it deserves ing will affect nine states in the western United Mr. Speaker, yesterday the 9th Circuit Court equal protection. States: Alaska, Arizona, California, Hawaii, of Appeals ruled that the Pledge of Allegiance If this case is allowed to stand what will be Idaho, Montana, Nevada, Oregon, and Wash- is unconstitutional. This is an outrage to me, next? Our national motto ‘‘In God We Trust’’ ington. to Congress, to the man on the street, and to which is emblazoned on our money and above This decision will not be implemented for the children who will be told they can no the Speaker of the House’s chair? Or the sing- several months, and an appeal to the Su- longer say the pledge in school! I am livid over ing of songs such as ‘‘God Bless America’’ or preme Court will likely be the next step. I urge the court’s brainless decision. I pledge to sup- ‘‘America the Beautiful’’ in public? Or how Attorney General Ashcroft to take steps to port every effort to overturn this horrible deci- about congressional prayers or the president’s begin these proceedings as soon as possible. sion. periodic invocation of the deity? Or maybe Congress already is protesting this decision The court’s decision stating that the words even the crosses at Arlington National Ceme- ‘‘under God’’ amounts to a government en- as well. The day the decision was announced, tery and our national military cemeteries dorsement of religion shows just how out of members of the House of Representatives across the country? step these liberal judges are with the Amer- gathered on the steps of the Capitol building The Pledge, like the National Anthem, is ican people. They state that saying God is and proudly recited that Pledge of Allegiance. one of few remaining vestiges of the old idea akin to saying Jesus, Vishnu, or Zeus. This is In addition, on Thursday, June 27, H. Res. of civic inculcation. It reminds us that despite 459 was introduced on the House floor. This blatantly nearsighted because the term God refers to God in the concept that is personal the fact that we are all from diverse ethnic, re- legislation expresses the view of Congress ligious, and racial backgrounds we remain a that Newdow v. U.S. Congress was erro- to every single person and does not refer to any certain idea of deity. Furthermore, the part of the same republic. The key to our unity neously decided. If necessary, I would support is a shared commitment to the republican a constitutional amendment protecting the Pledge of Allegiance is not a prayer or a religious practice and thus the recitation of the ideas of liberty and justice. The sanctioning of right to recite the pledge in schools and other our oath under God is not merely an assertion public settings. pledge is not a religious exercise but rather it is an expression of support and loyalty for the of religious belief, but an appeal for divine As cited in H. Res. 459, the Pledge of Alli- blessing of this rather strange and mysterious ance, including the phrase ‘‘One Nation, under United States. In Justice Brennan’s concurring opinion in School District of Abington Town- grand experiment. Out Pledge, National An- God,’’ reflects the historical fact that a belief in them, national motto and civic prayers help re- God permeated the founding and development ship v. Schempp, 374 U.S. 203, 304 (1963) he stated, ‘‘the reference to divinity in the revised mind our citizens that there are more spiritual of our Nation. This is evident in many other ties that bind us than natural affinities that di- cultural elements, including our currency and pledge of allegiance . . . may merely recognize the historical fact that our Nation was be- vide us. many patriotic songs, such as ‘‘God Bless Mr. NETHERCUTT. Mr. Speaker, I rise in America.’’ In this time of uncertainty, it is im- lieved to have been founded ‘under God.’ Thus reciting the pledge may be no more of support of House Resolution 459, to express portant to remember and uphold the symbols the sense of Congress that the decision made of our Nation, which honor our heritage and a religious exercise than the reading aloud of Lincoln’s Gettysburg Address, which contains in Newdow v. U.S. Congress was erroneous. draw us together as one people. Yesterday, the Ninth Circuit Court of Ap- Mr. GILMAN. Mr. Speaker, I rise in re- an allusion to the same historical fact.’’ And Justice Blackmun writing for the Court in peals, the Federal Court that has jurisdiction sponse to the U.S. 9th Circuit Court of Ap- over my constituents in Eastern Washington, peals’ declaration that the Pledge of Alle- County of Allegheny v. American Civil Lib- erties Union Greater Pittsburgh Chapter, 109 ruled that our nation’s Pledge of Allegiance is giance is unconstitutional because it contains unconstitutional. The Ninth Circuit has a long the words ‘‘under God’’ which were added by S. Ct. 3086, 3106 (1989) stated. ‘‘Our previous opinions have considered in dicta the history of bad rulings, and has had more deci- Congress in 1954. sions overturned by the Supreme Court than The Federal Court’s decision is an insult to motto and the Pledge characterizing them as any other circuit. This decision once again our Nation and a disgrace and an absurdity of consistent with the proposition that govern- proves that the Ninth Circuit needs a common- justice. It is an obvious misinterpretation of the ment may not communicate an endorsement sense judge from the Eastern District of Constitution, one which violates the basic prin- of religious belief.’’ Washington to bring a voice of reason to the ciples of reason and good judgment. Even before Congress added ‘‘under God’’ The ruling, if allowed to stand, means in 1954 to the pledge, the Supreme Court had federal appellate bench. schoolchildren in the nine western states cov- ruled no one could be forced to recite the The Pledge of Allegiance, recited by Ameri- ered by the Court (Alaska, Arizona, California, pledge. The court’s decision yesterday said cans of every age, is an affirmation of our Hawaii, Idaho, Montana, Nevada, Oregon and simply having to hear it every day violates the principles of democracy, justice and individual Washington) can no longer recite the Pledge. First Amendment ban on the establishment of liberty. The declaration of our being ‘‘one na- Accordingly, I urge the Attorney General to religion. However, as Judge Fernandez points tion under God’’ is at the heart and soul of expeditiously appeal this decision to the Su- out in his dissenting opinion, ‘‘in West Virginia America and her distinguished history. preme Court. Each day that this unbelievable Board of Education v. Barnette the Supreme This case and decision should serve as a finding stands is another day that the Federal Court did not say that the Pledge could not be strong reminder to the U.S. Senate that it judiciary should hide its head in embarrass- recited in the presence of Jehovah’s Witness should fulfill its responsibilities to confirm ment. children; it merely said that they did not have President Bush’s judicial nominees. Mr. SIMPSON. Mr. Speaker, I rise today to to recite it. That fully protected their constitu- Mr. Speaker, the ruling in Newdow v. U.S. condemn the absurd logic of the Ninth Circuit tional rights by precluding the government Congress eliminates a constitutionally pro- Court of Appeals in its decision regarding the from trenching upon ‘the sphere of intellect tected ‘‘genuine choice’’ by disallowing stu- Pledge of Allegiance and renew my call for and spirit. As the Court pointed out, their reli- dents across the Nation from proclaiming their much needed reform to stop the unchecked giously based refusal’ to participate in the love for these United States through the abuses of this court. ceremony would not interfere with or deny Pledge of Allegiance. To do so is wrong. We We in the West have long known the Ninth rights of others to do so.’’ must encourage our Nation’s youth to believe Circuit is a court out of touch with reality. Yes- Essentially this court has with this opinion in whatever religion they choose, for those be- terday’s ruling, however, marks a new low for developed the idea of a coercive environment. liefs set guiding principles that turn our youth this court and is an affront to the principles on However, the law doesn’t normally condition into the outstanding leaders of tomorrow. which our nation was founded. ones behavior on how it will affect others Mr. UNDERWOOD. Mr. Speaker, I rise The Ninth Circuit, without question, is the around them. Instead, we are told to avert our today in support of House Resolution 459 ex- most overturned appeals court in the nation. eyes and turn our heads away from something pressing the sense of the House of Rep- The 1996–1997 session alone saw 95 percent we find objectionable. In Cohen v. California, resentatives that the court ruling in Newdow v. of its cases reviewed by the Supreme Court the Court found that epithets on the back of a U.S. Congress as erroneously decided. By overturned—and the wholesale rejection of war protestor’s jacket, worn in public places, supporting this resolution we recognize the this court’s decision continues to this day. was constitutionally protected speech—the meaning of the Pledge of Allegiance and em- I call upon my colleagues in the House to rights of unwilling viewers do not outweigh the brace the significance of its recitation by our support legislation I put forward last year that speaker’s. With this decision, the court gives nation’s schoolchildren. would split the Ninth Circuit into two courts any statement which may appear to be reli- Since arriving in Congress in 1993, I have and put an end to this cycle of wasteful and gious, no matter how innocuous, less protec- had the privilege of leading this House in the

VerDate May 23 2002 03:42 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 9920 E:\CR\FM\A27JN7.066 pfrm72 PsN: H27PT2 B058 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD105 Date— HOUSE Filed: 05/05/2010 Entry ID:H4135 5443428 Pledge of Allegiance several times upon con- That is why I stand in support of House Reso- Istook Miller, George Serrano vening at the beginning of the day. It is an lution 459. Jackson (IL) Miller, Jeff Sessions Jackson-Lee Mink Shadegg honor to express my support for the principles Mr. SENSENBRENNER. Mr. Speak- (TX) Mollohan Shaw and ideals of freedom, democracy, liberty and er, I yield back the balance of my time. Jefferson Moore Shays justice, the very foundation of this great na- The SPEAKER pro tempore (Mr. Jenkins Moran (KS) Sherman John Moran (VA) Sherwood tion, the nation that our flag and pledge cele- SHIMKUS). The question is on the mo- Johnson (CT) Morella Shimkus brates. tion offered by the gentleman from Johnson (IL) Murtha Shows The ruling by the U.S. Court of Appeals for Wisconsin (Mr. SENSENBRENNER) that Johnson, E. B. Myrick Shuster the 9th Circuit in this case is unfortunate in Johnson, Sam Napolitano Simmons the House suspend the rules and agree Jones (NC) Neal that it fails to recognize the meaning that the to the resolution, H. Res. 459. Simpson Jones (OH) Nethercutt Skeen Pledge of Allegiance has in our lives, its pur- The question was taken. Kanjorski Ney Skelton Kaptur pose in protection the principles of our democ- The SPEAKER pro tempore. In the Northup Slaughter Keller Norwood Smith (MI) racy, and its remembering of the sacrifice opinion of the Chair, two-thirds of Kelly Nussle Smith (NJ) made by our nation’s veterans in defense of Kennedy (MN) Obey those present have voted in the affirm- Smith (TX) Kennedy (RI) Olver this nation and in support of all for which we ative. Smith (WA) Kerns Ortiz stand and in which we believe. Snyder Mr. SENSENBRENNER. Mr. Speak- Kildee Osborne Under the logic of this ruling the people of er, I object to the vote on the ground Kilpatrick Ose Solis Guam won’t be able to sing the Guam Hymn. that a quorum is not present and make Kind (WI) Otter Souder Our hymn, which is sung daily in Guam’s King (NY) Owens Spratt the point of order that a quorum is not Kingston Oxley Stearns schools not only acknowledges God, it asks present. Kirk Pallone Stenholm for His protection as in ‘Yu’os prutehi islan The SPEAKER pro tempore. Evi- Kleczka Pascrell Strickland Stump Guam. dently, a quorum is not present. Knollenberg Pastor For our elders, for our children, and for gen- Kolbe Paul Stupak The Sergeant at Arms will notify ab- Kucinich Payne Sullivan erations to come, may the pledge continue to sent Members. LaHood Pelosi Sununu stand strong for all Americans and may it re- The vote was taken by electronic de- Lampson Pence Sweeney Langevin Peterson (MN) Tancredo main the words by which we pledge allegiance vice, and there were—yeas 416, nays 3, to the ideals of liberty and justice for all and Lantos Peterson (PA) Tanner answered ‘‘present’’ 11, not voting 5, as Larsen (WA) Petri Tauscher recognize that we are indeed one nation, follows: Larson (CT) Phelps Tauzin under God. Latham Pickering Taylor (MS) Mr. BLUMENAUER. Mr. Speaker, at a time [Roll No. 273] LaTourette Pitts Taylor (NC) when meaningful debate is at a minimum in YEAS—416 Leach Platts Terry Lee Pombo Thomas Abercrombie Chambliss Fletcher this Congress, it is embarrassing that this res- Levin Pomeroy Thompson (CA) Aderholt Clay Foley olution has been brought to the floor in this Lewis (CA) Portman Thompson (MS) Akin Clayton Forbes Lewis (GA) Price (NC) Thornberry manner. Issues of great consequence to this Allen Clement Ford Lewis (KY) Pryce (OH) Thune nation, like reducing prescription drug costs, Andrews Clyburn Fossella Linder Putnam Armey Coble Frelinghuysen Thurman protecting investors and ensuring corporate Lipinski Quinn Tiahrt Baca Collins Frost LoBiondo Radanovich accountability, and producing a budget that al- Bachus Combest Gallegly Tiberi Lofgren Rahall Tierney lows us to meet our military needs and protect Baird Condit Ganske Lowey Ramstad Social Security, are being short-changed. Baker Conyers Gekas Toomey Lucas (KY) Rangel Towns Baldacci Cooksey Gephardt Lucas (OK) The Ninth Circuit Court of Appeals decided Regula Turner Baldwin Costello Gibbons Luther Rehberg yesterday the case of Newdow v. U.S. Con- Udall (CO) Ballenger Cox Gilchrest Lynch Reyes Udall (NM) gress on the Pledge of Allegiance. One day Barcia Coyne Gillmor Maloney (CT) Reynolds Upton later, we by-pass the committee process and Barr Cramer Gilman Maloney (NY) Riley Visclosky rush this resolution to the floor. In my personal Barrett Crane Gonzalez Manzullo Rivers Bartlett Crenshaw Goode Vitter opinion, the Court’s decision is an over-reac- Markey Rodriguez Barton Crowley Goodlatte Mascara Roemer Walden tion to language that has been part of the civic Bass Cubin Gordon Matheson Rogers (KY) Walsh and governmental life of the United States Becerra Culberson Goss Matsui Rogers (MI) Wamp Bentsen Cummings since this nation’s founding. Every American Graham McCarthy (MO) Rohrabacher Waters Bereuter Cunningham Granger McCarthy (NY) Ros-Lehtinen Watkins (OK) responds in our own ways to the invocation of Berkley Davis (CA) Graves McCollum Ross Watson (CA) God on our currency, in solemn oaths and Berry Davis (FL) Green (TX) McCrery Rothman Watts (OK) other customary circumstances. Our individual Biggert Davis (IL) Green (WI) McGovern Roybal-Allard Waxman Bilirakis Davis, Jo Ann Grucci liberties have not been threatened by these McHugh Royce Weiner Bishop Davis, Tom Gutknecht McInnis Rush Weldon (FL) expressions, including the words ‘‘under God’’ Blagojevich Deal Hall (OH) McIntyre Ryan (WI) Weldon (PA) in the Pledge of Allegiance. However, I would Blunt DeFazio Hall (TX) McKeon Ryun (KS) Weller Boehlert DeGette hope we would allow this decision to work its Hansen McKinney Sabo Wexler Boehner Delahunt Harman McNulty Sanchez Whitfield way through the judicial process rather than Bonilla DeLauro Hart Meehan Sanders Wicker engage in political grandstanding. Bonior DeLay Hastert Meek (FL) Sandlin Wilson (NM) I refuse to dignify this trivialization of the Bono DeMint Hastings (WA) Meeks (NY) Sawyer Wilson (SC) Boozman Deutsch Hayes legislative process and I vote ‘‘present.’’ Menendez Saxton Wolf Borski Diaz-Balart Hayworth Mica Schaffer Woolsey Mr. POMEROY. Mr. Speaker, I am pleased Boswell Dicks Hefley Millender- Schakowsky Wu to state my strong support for H. Res. 459. Boucher Dingell Herger McDonald Schiff Wynn Yesterday, a three-judge panel of the U.S. Boyd Doggett Hill Miller, Dan Schrock Young (AK) Brady (PA) Dooley Hilleary Miller, Gary Sensenbrenner Young (FL) Court of Appeals for the 9th Circuit ruled 2 to Brady (TX) Doolittle Hilliard 1 that the Pledge of Allegiance is unconstitu- Brown (FL) Doyle Hinchey NAYS—3 Brown (OH) Dreier Hinojosa tional because it describes the United States Honda Scott Stark Brown (SC) Duncan as ‘‘one Nation, under God.’’ This decision is Hobson Bryant Dunn Hoeffel ANSWERED ‘‘PRESENT’’—11 absurd, and it flies in the face of reason and Burr Edwards Hoekstra a 7th Circuit decision upholding the Pledge. Burton Ehlers Holden Ackerman Gutierrez Oberstar Blumenauer Hastings (FL) Immediate action must be taken against the Buyer Ehrlich Holt Velazquez Callahan Emerson Hooley Capuano McDermott Watt (NC) court’s latest decision. I call upon the Adminis- Calvert Engel Horn Frank Nadler Camp tration to ask the full 9th Circuit to reconsider English Hostettler NOT VOTING—5 the case or take the matter directly to the Su- Cannon Eshoo Houghton Cantor Etheridge Hoyer Berman LaFalce Traficant preme Court. The phrase ‘‘under God’’ was Capito Evans Hulshof Greenwood Roukema added to the Pledge at the height of the Cold Capps Everett Hunter War. The American values in force when this Cardin Farr Hyde 1616 phrase was added are still shared today, as Carson (IN) Fattah Inslee b Carson (OK) Ferguson Isakson we rebuild as a nation from the tragedy that Castle Filner Israel Mr. GUTIERREZ changed his vote impacted our lives on September 11, 2002. Chabot Flake Issa from ‘‘yea’’ to ‘‘present.’’

VerDate May 23 2002 00:01 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.079 pfrm72 PsN: H27PT2 B059 Case:H4136 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD106 Date— HOUSE Filed: 05/05/2010 EntryJune ID:27, 5443428 2002 Mr. NADLER and Mr. MCDERMOTT as I may consume. During consider- This is a very difficult year for the changed their vote from ‘‘nay’’ to ation of this resolution, all time yield- Committee on Appropriations, and I ‘‘present.’’ ed is for the purpose of debate only. commend the gentleman from Ohio So (two-thirds having voted in favor On Wednesday, the Committee on (Mr. HOBSON) and the gentleman from thereof) the rules were suspended and Rules met and granted an open rule for Massachusetts (Mr. OLVER) for bringing the resolution was agreed to. the Military Construction Appropria- to this House a very fine bill, given the The result of the vote was announced tions Act for the fiscal year 2003. H.R. limited amount of funds allocated for as above recorded. 5011 recognizes the dedication and com- military construction needs. A motion to reconsider was laid on mitment of our troops by providing for Mr. Speaker, the President’s fiscal the table. their most basic needs, improved mili- year 2003 request for military construc- Stated for: tary facilities, including housing and tion was $1.6 billion, or 15 percent Mr. GREENWOOD. Mr. Speaker, on rollcall medical. below the fiscal year 2002 enacted lev- No. 273 I was unavoidably detained by duties Mr. Speaker, we must honor the most els. However, included in the defense related to my investigation of Worldcom in a basic commitments we have made to emergency response fund as part of the interview room without audible vote notification the men and women of our Armed defense appropriations bill was ap- bells. Had I been present, I would have voted Forces. We must ensure reasonable proximately $594 million worth of mili- ‘‘yea.’’ quality of life to recruit and retain the tary construction projects. These best and the brightest to America’s f projects were subsequently transferred fighting forces. Most importantly, we over to the jurisdiction of the military PROVIDING FOR CONSIDERATION must do all in our power to ensure a construction request, resulting in the OF H.R. 5011, MILITARY CON- strong, able, dedicated American mili- bill before us today. This combined re- STRUCTION APPROPRIATIONS tary, so that this Nation will be ever quest for military construction, there- ACT, 2003 vigilant and ever prepared. H.R. 5011 provides nearly $1.2 billion fore, now contains $542 million more Mrs. MYRICK. Mr. Speaker, by direc- than the President requested but still tion of the Committee on Rules, I call for barracks and $151 million for hos- pital and medical facilities for troops remains $522 million below last year’s up House Resolution 462 and ask for its enacted levels. immediate consideration. and their families. It also provides $2.9 Mr. Speaker, I believe it is incum- The Clerk read the resolution, as fol- billion to operate and maintain exist- bent upon all of us, the administration lows: ing housing units and $1.3 billion for and Congress alike, to ensure that our H. RES. 462 new housing units. Military families also have a tremen- forces have appropriate operational Resolved, That at any time after the adop- dous need for quality child care, espe- and training facilities, maintenance tion of this resolution the Speaker may, pur- and production facilities, and research suant to clause 2(b) of rule XVIII, declare the cially single parents and families in House resolved into the Committee of the which one or both parents may face and development facilities. Yet each of Whole House on the state of the Union for lengthy deployments. To help meet these categories face significant reduc- consideration of the bill (H.R. 5011) making this need, the bill provides $18 million tions in funding in this bill. appropriations for military construction, for child development centers. According to the Pentagon, 68 per- family housing, and base realignment and Mr. Speaker, this is a fair and an cent of the Department’s facilities closure for the Department of Defense for open rule for consideration of the fiscal have serious deficiencies that might the fiscal year ending September 30, 2003, and year 2003 military construction appro- impede mission readiness or they are for other purposes. The first reading of the priations bill. I urge my colleagues to bill shall be dispensed with. All points of so deteriorated that they cannot sup- order against consideration of the bill are support the rule and the underlying port mission requirements. The current waived. General debate shall be confined to bill. reductions in funding for construction the bill and shall not exceed one hour equal- Mr. Speaker, I reserve the balance of in these facility categories mean that ly divided and controlled by the chairman my time. the rates at which buildings are ren- and ranking minority member of the Com- Mr. MCGOVERN. Mr. Speaker, I yield ovated or replaced has just increased mittee on Appropriations. After general de- myself such time as I may consume, from 83 years to 150 years. bate the bill shall be considered for amend- and I thank the gentlewoman from Mr. Speaker, I keep hearing that we ment under the five-minute rule. Points of North Carolina (Mrs. MYRICK) for yield- are engaged in a long-term struggle order against provisions of the bill for failure ing me the customary 30 minutes. against a global enemy. So I find it dif- to comply with clause 2 of rule XXI are Mr. Speaker, we have before us a fair waived. During consideration of the bill for and open rule for H.R. 5011, the mili- ficult to believe that while we can find amendment, the Chairman of the Committee tary construction appropriations for the funds to increase the defense budg- of the Whole may accord priority in recogni- et by $48 billion, we cannot find the tion on the basis of whether the Member of- fiscal year 2003. The rule provides for 1 hour of general debate, waives all funds to bring our operational facilities fering an amendment has caused it to be up to standard. printed in the portion of the Congressional points of order against consideration of Record designated for that purpose in clause the bill, allows for all germane amend- Mr. Speaker, I firmly believe that 8 of rule XVIII. Amendments so printed shall ments to be offered with priority ac- our uniformed men and women and be considered as read. At the conclusion of corded to those preprinted in the CON- their families deserve decent housing consideration of the bill for amendment the GRESSIONAL RECORD, and provides for and accommodations, both here at Committee shall rise and report the bill to one motion to recommit with or with- home and abroad. We need to ensure the House with such amendments as may out instructions. that all personnel in all branches of have been adopted. The previous question service have a quality place to live and shall be considered as ordered on the bill and This is a fair rule, and I urge my col- amendments thereto to final passage with- leagues to vote for it. work, both at home and abroad; and I out intervening motion except one motion to I would like to express my apprecia- commend the committee for con- recommit with or without instructions. tion for the work of the gentleman tinuing to provide increased funding SEC. 2. House Resolution 421 is laid on the from Ohio (Mr. HOBSON), the chairman, for dormitories in overseas construc- table. and the gentleman from Massachusetts tion; but again, through no fault of the The SPEAKER pro tempore (Mr. (Mr. OLVER), the ranking member of committee, the funding provided does ISAKSON). The gentlewoman from North the Subcommittee on Military Con- not come near to meeting the need. Ac- Carolina (Mrs. MYRICK) is recognized struction, along with the gentleman cording to the Department of Defense, for 1 hour. from Florida (Mr. YOUNG), the Com- 180,000 of the 300,000 units of military Mrs. MYRICK. Mr. Speaker, for the mittee on Appropriations chairman, housing are substandard. Mr. Speaker, purpose of debate only, I yield the cus- and the gentleman from Wisconsin (Mr. this is a national scandal. tomary 30 minutes to the gentleman OBEY), the ranking member, for con- We also need to ensure that security from Massachusetts (Mr. MCGOVERN), tinuing the tradition of strong bipar- is improved around all our military and I believe this is the first time we tisan support in the drafting of the bases, installations and other sites have done a rule together, welcome, military construction appropriations both in the United States, its terri- pending which I yield myself such time bill. tories and abroad. I know that this is a

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Vol. 148 WASHINGTON, THURSDAY, JUNE 27, 2002 No. 88 Senate The Senate met at 9:31 a.m. and was and music of the Fourth of July cele- THANKING THE CHAPLAIN called to order by the President pro bration sounding in our souls. We pray Mr. DASCHLE. Mr. President, I know tempore [Mr. BYRD]. together today, remembering the first I speak for all of our colleagues in The PRESIDENT pro tempore. The prayer of dependence prayed for the thanking Chaplain Ogilvie for his won- prayer to Almighty God, the supreme delegates to the Continental Congress derful prayer this morning. He spoke Judge of the world, will be led by the in 1774 that eventually led to the Dec- for all of us. We are one nation under Senate Chaplain, the Rev. Dr. Lloyd J. laration of Independence in 1776. God, and we reaffirm that today as Ogilvie. Dr. Ogilvie, please. Now before the fireworks begin, work Americans—not as Republicans or as in us the fire of that same dependence Democrats—and we do so proudly. PRAYER on You that has been the secret of The Chaplain, Dr. Lloyd John truly great leaders throughout our his- f Ogilvie, offered the following prayer: tory. We pray for the women and men SCHEDULE Almighty God, Creator, Sustainer of this Senate. Enlarge their hearts Mr. DASCHLE. Mr. President, there and Providential source of all our until they are big enough to contain will be a vote on cloture at 10:30 this blessings. We praise you for the free- the gift of Your Spirit; expand their morning. The time between now and dom of religion in America guaranteed minds until they are capable of think- then will be divided equally between by the Bill of Rights and the Constitu- ing Your thoughts; deepen their mu- the Republican leader or his designee, tion. There is no separation between tual trust so that they can work har- who will have the first half of the time, God and State. With gratitude we de- moniously for what is best for this Na- and the Democratic leader or his des- clare our motto ‘‘In God we trust.’’ tion. You know all the legislation to be ignee for the second half. Senators Though that trust may be expressed in debated and voted on before recess. different religions, we do proclaim You should be aware that within the next 50 Grant the Senators an unprecedented as ultimate Sovereign of our Nation. minutes, we will have a cloture vote, dependence on You, an unreserved de- Our Founders declared their trust in and we will proceed in an effort to try sire to seek Your will, and an unlim- You and in each stage of our develop- to complete work on the Defense bill ited supply of Your supernatural ment You have guided us through peril today. strength. and prosperity, peace and war. Thank I yield the floor. With renewed dependence on You and You for Your faithfulness to respond to renewed interdependence on one an- f our confession of trust in You. It is with reverence that in a moment other as fellow patriots, help us to be RESERVATION OF LEADER TIME willing, in the spirit of our Founders, we will repeat the words of commit- The PRESIDENT pro tempore. Under ment to trust You which are part of to stake our reliance on You and pledge our lives, fortunes, and sacred the previous order, the leadership time our Pledge of Allegiance to our flag: is reserved. ‘‘One Nation under God, indivisible.’’ honor for the next stage of Your strat- Help us to savor these words this egy for America: God bless America! f Amen. morning. May we never lose a profound MORNING BUSINESS sense of awe and wonder over the privi- f lege You have given us to live in this The PRESIDENT pro tempore. Under religiously free land. Renew our sense PLEDGE OF ALLEGIANCE the previous order, there will now be a period for the transaction of morning of accountability to You, and never The PRESIDENT pro tempore [Mr. take for granted the freedom we enjoy business not to extend beyond the hour BYRD] led the Pledge of Allegiance, as of 10:30 a.m., with Senators permitted or the accountability we have to You. follows: As we declare our convictions in the to speak therein for up to 10 minutes Pledge, we affirm that patriotism is an I pledge allegiance to the Flag of the each. The first half of the time shall be United States of America, and to the Repub- essential expression of our trust in under the control of the Republican lic for which it stands, one nation under God, leader or his designee; the second half You. indivisible, with liberty and justice for all. Specifically for today and its press- of the time shall be under the control ing agenda and challenges we affirm we f of the majority leader or his designee. are one Senate united under You to Who seeks recognition? lead a nation that is free to say con- RECOGNITION OF THE MAJORITY Mr. NICKLES. Mr. President, I sug- fidently, ‘‘In God We Trust.’’ LEADER gest the absence of a quorum. God our Sovereign, we continue the The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The work of this busy week with the words majority leader is recognized. clerk will call the roll.

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Vol. 148 WASHINGTON, THURSDAY, JUNE 27, 2002 No. 88—Part II Senate NATIONAL DEFENSE AUTHORIZA- amount authorized to be appropriated by munities, tragedies we have already TION ACT FOR FISCAL YEAR 2003 section 421 for military personnel is hereby seen won in recent difficulties in our increased by $1,800,000. region. We cannot afford to play Rus- (Continued) (d) AVAILABILITY.—Of the amount author- sian roulette with the safety, health, AMENDMENT NO. 4060 ized to be appropriated by section 421 for and security of our citizens. Mr. WYDEN. Mr. President, I call up military personnel, as increased by sub- I urge my colleagues to support the amendment No. 4060 that I offer on be- section (d), $1,800,000 shall be available for up to 26 additional personnel for the Oregon Wyden-Smith amendment that we have half of myself and Senator SMITH of Or- Army National Guard. worked on with both the majority and egon. (e) OFFSET.—The amount authorized to be the minority for many days. The PRESIDING OFFICER. The appropriated by section 301(a)(1) for oper- I reserve my time to speak later in clerk will report. ation and maintenance for the Army is here- The assistant legislative clerk read by reduced by $4,800,000, with the amount of the debate. as follows: the reduction to be allocated to Base Oper- The PRESIDING OFFICER. The Sen- ations Support (Servicewide Support). ator from Oregon. The Senator from Oregon [Mr. WYDEN], for himself and Mr. SMITH of Oregon, proposes Mr. WYDEN. Mr. President, the Pa- Mr. SMITH of Oregon. I thank my an amendment numbered 4060. cific Northwest must have a search and colleague for being a partner in this Mr. WYDEN. Mr. President, I ask rescue capability. The vast expanses of cause to preserve in the Pacific North- unanimous consent reading of the Federal land in our part of the country west a search and rescue capability. amendment be dispensed with. mean our citizens constantly face the Mr. President, I rise today to intro- The PRESIDING OFFICER. Without risk of disasters and accidents, far duce an amendment with Senator objection, it is so ordered. from help. Local communities, many of WYDEN to preserve a truly invaluable The amendment is as follows: them with tiny populations, do not search and rescue capability in the Pa- (Purpose: To authorize with an offset, have the resources to provide search cific Northwest. $4,800,000 for personnel and procurement and rescue services to the extraor- On May 30, all eyes in Oregon and for the Oregon Army National Guard for dinarily large surrounding wilderness across the nation watched as brave Or- purposes of Search and Rescue (SAR) and areas. egonians put themselves in harms way Medical Evacuation (MEDEVAC) missions The amendment I offer this afternoon to rescue climbers on Mt. Hood. in adverse weather conditions) on behalf of myself and Senator SMITH The rescuers included members of the At the end of subtitle A of title X, add the is a compromise. It would not have Oregon National Guard, the Portland following: Mountain Rescue, and the Air Force SEC. 1010. AVAILABILITY OF AMOUNTS FOR OR- been our first choice. In an effort to EGON ARMY NATIONAL GUARD FOR work with our colleagues and appeal to Reserve 939th Air Rescue Wing, whose SEARCH AND RESCUE AND MEDICAL our colleagues on a bipartisan basis, we members have been lauded for scores of EVACUATION MISSIONS IN ADVERSE offer this compromise to preserve a rescues on Mt. Hood and the Oregon WEATHER CONDITIONS. Coast, not to mention rescues in our (a) INCREASE IN AUTHORIZATION OF APPRO- search and rescue capability in our re- neighboring state of Washington. In PRIATIONS FOR ARMY PROCUREMENT.—The gion. Without this capability, the Pa- amount authorized to be appropriated by cific Northwest faces the certain loss of fact this rescue wing volunteers for section 101(1) for procurement for the Army lives for disasters, fires, and accidents these types of rescues. for aircraft is hereby increased by $3,000,000. that are unique to our region. Recently, nine climbers were swept (b) AVAILABILITY.—Of the amount author- This amendment authorizes a total of into a 20-foot deep crevasse on Mt. ized to be appropriated by section 101(1) for $4.8 million to the Oregon National Hood. Tragically, three of the climbers procurement for the Army for aircraft, as in- Guard to upgrade three Blackhawk hel- did not survive, but the skills of the creased by subsection (a), $3,000,000 shall be rescuers ensured that others would sur- available for the upgrade of three UH–60L icopters of the National Oregon Guard Blackhawk helicopters of the Oregon Army to the capabilities of the UH–60Q vive. National Guard to the capabilities of UH–60Q search and rescue helicopters similar This rescue highlighted the skills of Search and Rescue model helicopters, includ- to upgrades in the past. It would in- the Rescue Wing and the importance ing Star Safire FLIR, Breeze-Eastern Exter- crease the authorization for military Oregonians place on the Wing’s capa- nal Rescue Hoist, and Air Methods COTS personnel by $1.8 million to ensure the bilities in the region. While adverse Medical Systems upgrades, in order to im- Oregon Guard can respond to emer- wind conditions most likely sent one of prove the utility of such UH–60L Blackhawk gencies that require rapid medical at- the helicopters into an inevitable helicopters in search and rescue and medical crash, the highly skilled pilot of the evacuation missions in adverse weather con- tention. ditions. Particularly during this season we 939th ensured that the crew survived (c) INCREASE IN AUTHORIZATION OF APPRO- are concerned about the host of possi- and that all on the ground were PRIATIONS FOR MILITARY PERSONNEL.—The bilities that can strike our local com- unharmed.

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VerDate May 23 2002 01:07 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JN6.057 pfrm12 PsN: S27PT2 B062 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 109 Date— SENATE Filed: 05/05/2010 Entry ID:S6225 5443428 Thompson Voinovich Wyden The PRESIDING OFFICER (Mr. CAR- TO REAFFIRM THE REFERENCE TO Thurmond Warner Torricelli Wellstone PER) appointed Mr. LEVIN, Mr. KEN- ONE NATION UNDER GOD IN THE NEDY, Mr. BYRD, Mr. LIEBERMAN, Mr. PLEDGE OF ALLEGIANCE NAYS—2 CLELAND, Ms. LANDRIEU, Mr. REED, Mr. The PRESIDING OFFICER. Under a Byrd Feingold AKAKA, Mr. NELSON of Florida, Mr. previous order, the Senate will proceed NOT VOTING—1 NELSON of Nebraska, Mrs. CARNAHAN, to the consideration of S. 2690. Helms Mr. DAYTON, Mr. BINGAMAN, Mr. WAR- The clerk will report the bill by title. The bill (S. 2514), as amended, was NER, Mr. THURMOND, Mr. MCCAIN, Mr. The assistant legislative clerk read passed. SMITH of New Hampshire, Mr. INHOFE, as follows: The PRESIDING OFFICER. The pro- Mr. SANTORUM, Mr. ROBERTS, Mr. AL- The bill (S. 2690) to reaffirm the reference visions of the order will be executed. LARD, Mr. HUTCHINSON, Mr. SESSIONS, to ‘‘One Nation Under God’’ in the Pledge of Ms. COLLINS, and Mr. BUNNING con- Allegiance bill. f ferees on the part of the Senate. The PRESIDING OFFICER. The Sen- DEPARTMENT OF DEFENSE AU- ator from Arkansas. THORIZATION ACT FOR FISCAL f Mr. HUTCHINSON. At 3:20 this after- YEAR 2003 noon we will vote on a piece of legisla- The bill (S. 2515) to authorize appro- PROVIDING FOR CONDITIONAL AD- tion I introduced to reaffirm Congress’ priations for fiscal year 2003 for mili- JOURNMENT OR RECESS OF commitment to the Pledge of Alle- tary activities of the Department of BOTH HOUSES OF CONGRESS giance and our national motto ‘‘In God Defense, to prescribe personnel Mr. DASCHLE. I ask unanimous con- we trust.’’ I hope my colleagues will strengths for such fiscal year for the join me in this reaffirmation. Many al- Armed Forces, and for other purposes, sent that the Senate proceed to the immediate consideration of the adjourn- ready have. was considered, ordered to be engrossed I ask unanimous consent the list of ment resolution, that the concurrent for a third reading, read the third time, 32 Senators as original cosponsors be resolution be agreed to, and the motion and passed. printed in the RECORD to reconsider be laid upon the table . (The bill will be printed in a future There being no objection, the mate- without intervening action or debate. edition of the RECORD.) rial was ordered to be printed in the The PRESIDING OFFICER. Without f RECORD, as follows: objection, it is so ordered. MILITARY CONSTRUCTION AU- ORIGINAL COSPONSORS OF S. 2690 The concurrent resolution (S. Con. THORIZATION ACT FOR FISCAL Mr. Sessions, Mr. Lott, Mr. Nichols, Mr. Res. 125) was agreed to, as follows: YEAR 2003 Burns, Ms. Collins, Mrs. Hutchison, Mr. S. CON. RES. 125 Helms, Mr. Inhoff. The bill (S. 2516) to authorize appro- Mr. Campbell, Mr. Roberts, Mr. DeWine, Resolved by the Senate (the House of Rep- priations for fiscal year 2003 for mili- Mr. McConnell, Mr. Shelby, Mr. Bennett, Mr. resentatives concurring), That when the Sen- tary construction, and for other pur- Stevens, Mr. Voinovich. ate recesses or adjourns at the close of busi- Mr. Phil Gramm, Mr. George Allen, Mr. poses, was considered, ordered to be en- ness on Thursday, June 27, 2002, or Friday, Ensign, Mr. Bob Smith, Mr. Bunning, Mr. grossed for a third reading, read the June 28, 2002, on a motion offered pursuant Enzi, Mr. Hagel, Mr. Lugar. third time, and passed. to this concurrent resolution by its Majority Mr. Bond, Mr. Murkowski, Mr. Craig, Mr. (The bill will be printed in a future Leader or his designee, it stand recessed or Thomas, Mr. Crapo, Mr. Brownback, Mr. adjourned until 12:00 noon on Monday, July edition of the RECORD.) Domenici, Mr. Kyl, Mr. Zell Miller. f 8, 2002, or until such other time on that day as may be specified in the motion to recess Mr. HUTCHINSON. Yesterday’s deci- DEPARTMENT OF ENERGY NA- or adjourn, or until Members are notified to sion by the Ninth Circuit Court of Ap- TIONAL SECURITY ACT FOR FIS- reassemble pursuant to section 2 of this con- peals in Newdow v. U.S. Congress was, CAL YEAR 2003 current resolution, whichever occurs first; in a word, outrageous. It is inexplicable and that when the House adjourns on the leg- The bill (S. 2517) to authorize appro- that this man so seriously objected to islative day of Thursday, June 27, 2002, Fri- his daughter having to listen and priations for fiscal year 2003 for defense day, June 28, 2002, or Saturday, June 29, 2002, activities of the Department of Energy, on a motion offered pursuant to this concur- watch others recite the pledge at their and for other purposes, was considered, rent resolution by its Majority Leader or his school. Keep in mind, in this country ordered to be engrossed for a third designee, it stand adjourned until 2:00 p.m. no one can be forced to recite the reading, read the third time, and on Monday, July 8, 2002, or until Members Pledge of Allegiance. It is simply a passed. are notified to reassemble pursuant to sec- matter of respect. (The bill will be printed in a future tion 2 of this concurrent resolution, which- It is appalling that this court took ever occurs first. edition of the RECORD.) the time and judicial resources to re- Mr. REID. Mr. President, I now ask SEC. 2. The Majority Leader of the Senate suscitate this case which the district unanimous consent that the Senate and the Speaker of the House, acting jointly court had already dismissed for failing after consultation with the Minority Leader to state a claim. This complaint was a proceed to the consideration of Cal- of the Senate and the Minority Leader of the endar No. 379, H.R. 4546, the House House, shall notify the Members of the Sen- mess. The plaintiff, Dr. Newdow, who companion measure; that all after the ate and House, respectively, to reassemble at represented himself, asked a Federal enacting clause be stricken and the such place and time as they may designate court to order the President to change text of S. 2514, as passed by the Senate, whenever, in their opinion, the public inter- a law. The court took great pains to be inserted in lieu thereof; that the bill est shall warrant it. find a claim in Mr. Newdow’s com- be read a third time, passed and the plaint and then to rule in his favor. motion to reconsider be laid upon the f He did this at a time when Federal table; that the Senate insist on its judicial resources are very strained. amendment, request a conference with MORNING BUSINESS The Nation is trying to function in the the House on the disagreeing votes of speedy manner required by the sixth the two Houses, and that the Chair be Mr. DASCHLE. Mr. President, I ask amendment, with 89 judicial vacancies, authorized to appoint conferees on the unanimous consent that the Senate a staggering number, representing 10 part of the Senate, with the above oc- now proceed to a period for morning percent of the Federal judiciary. curring without further intervening ac- business until the hour of 3:20 p.m., According to the Judicial Con- tion or debate. when I understand the next vote will ference, in the past three decades, a The PRESIDING OFFICER. Without occur. U.S. Courts of Appeals judges’ average objection, it is so ordered. The PRESIDING OFFICER. Without caseload increased by nearly 200 per- The bill (H.R. 4546), as amended, was objection, it is so ordered. cent. In light of these strained re- read the third time and passed. The PRESIDING OFFICER (Mrs. sources, it is appalling to me that the (The bill will be printed in a future CARNAHAN). The Senator from Arkan- court took time to resuscitate this edition of the RECORD.) sas. very flawed case.

VerDate May 23 2002 01:07 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JN6.033 pfrm12 PsN: S27PT2 B063 Case:S6226 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 110 Date— SENATE Filed: 05/05/2010 EntryJune ID:27, 5443428 2002 The Pledge of Allegiance plays a very of Arkansas will make an outstanding normal classroom setting, as has the important part in the citizenship expe- jurist on the Federal bench. He is su- prayer at football games. rience of every American. It is part of premely well qualified as a former I will just say we hope the courts will the patriotic thread that weaves us all member of the Arkansas Supreme reconsider some of their interpreta- together in times of crisis and times of Court. He understands the proper role tions of the establishment clause and celebration. of the judiciary. the free exercise clause of the first If the ninth circuit’s interpretation I applaud the committee’s unanimous amendment and help heal the hurt in of the establishment clause stands, vote today. I believe if we did not have this country. many national ceremonies and celebra- the vacancies on the Federal bench to The PRESIDING OFFICER. The hour tions will be negatively impacted. the extent that we now have them, the of 3:20 has arrived. Singing of songs with references to God decision from the Ninth Circuit would Mr. DASCHLE. Madam President, I on government property will be prohib- not have occurred. In Judge Smith’s wish to announce this will be a final ited. For example, songs such as ‘‘Star confirmation hearings last month, he rollcall vote of the day and the week. Spangled Banner,’’ ‘‘God Bless Amer- expressed his unshakable respect for an Our next rollcall vote will occur Tues- ica,’’ and ‘‘America the Beautiful,’’ adherence to precedent. He said even day morning following the July Fourth which Americans sing every Fourth of when it goes against his personal be- recess. Senators should be on notice July on the steps of this building. But liefs, he would follow precedence. that we will have a vote that morning such references are not just important Clearly, we need people like Lavenski and votes throughout the day and the in ties of celebration. On September 11 Smith on the bench. week. we stood on the steps of the Capitol I am pleased that the Judiciary Com- I yield the floor. and sang ‘‘God Bless America.’’ Count- mittee has taken this step. I am also The PRESIDING OFFICER. The less Americans uttered the phrase pleased that the Senate will, today, question is on the engrossment and ‘‘God Bless America’’ and prayed to- make clear to the Federal judiciary, third reading of the bill. gether in public spaces. This ruling our reaffirmation of our Pledge of Alle- The bill was ordered to be engrossed could prohibit that. giance and our national motto ‘‘In God for a third reading and was read the Judge Ferdinand Fernandez wisely we trust.’’ third time. dissented from this decision. His words I suggest the absence of a quorum. The PRESIDING OFFICER. The bill have been quoted before. He said it The PRESIDING OFFICER. The having been read the third time, the beautifully. Such phrases as ‘‘In God clerk will call the roll. question is, Shall the bill pass? we trust’’ or ‘‘under God’’ have no The assistant bill clerk proceeded to The yeas and nays have been ordered. tendency to establish a religion in this call the roll. The clerk will call the roll. country or to suppress anyone’s exer- Mr. HUTCHINSON. Madam Presi- The senior assistant bill clerk called cise or nonexercise of religion. He went dent, I ask unanimous consent that the the roll. on, in eloquent terms, and defends his order for the quorum call be rescinded. Mr. NICKLES. I announce that the dissent. The PRESIDING OFFICER. Without Senator from North Carolina (Mr. I believe this ruling will be soundly objection, it is so ordered. HELMS) is necessarily absent. rejected. I was so pleased that yester- Mr. HUTCHINSON. Madam Presi- I further announce that if present day the majority leader and the minor- dent, I ask unanimous consent that and voting the Senator from North ity leader moved the Senate very Senator ZELL MILLER be added as an Carolina (Mr. HELMS) would vote quickly in expressing its disapproval original cosponsor on the bill on which ‘‘yea.’’ immediately following the ruling yes- we are about to vote. The PRESIDING OFFICER. Are there terday. The Ninth Circuit is not unfa- The PRESIDING OFFICER. Without any other Senators in the Chamber de- miliar with going out on a limb, and objection, it is so ordered. siring to vote? the Supreme Court is not unfamiliar Mr. HUTCHINSON. I suggest the ab- The result was announced—yeas 99, with striking it down. This circuit is sence of a quorum. nays 0, as follows: the most overturned circuit in the The PRESIDING OFFICER. The [Rollcall Vote No. 166 Leg.] country. clerk will call the roll. YEAS—99 There is certainly nothing wrong The assistant bill clerk proceeded to Akaka Dorgan Lugar with pushing the envelope and using an call the roll. Allard Durbin McCain original interpretation on novel issues Mr. SESSIONS. Madam President, I Allen Edwards McConnell ask unanimous consent the order for Baucus Ensign Mikulski of law, but this court repeatedly makes Bayh Enzi Miller rulings which countervail standing the quorum call be dispensed with. Bennett Feingold Murkowski precedent. Instead of administering The PRESIDING OFFICER. Without Biden Feinstein Murray justice, it seems some judges in the objection, it is so ordered. Bingaman Fitzgerald Nelson (FL) Mr. SESSIONS. Madam President, I Bond Frist Nelson (NE) ninth circuit are far more interested in Boxer Graham Nickles making social policy statements. It is would like to speak in support of the Breaux Gramm Reed not what the Constitution asks them legislation proposed by Senator HUTCH- Brownback Grassley Reid INSON from Arkansas. I am a cosponsor Bunning Gregg Roberts to do and it is not what the American Burns Hagel Rockefeller people pay them for. and helped draft this legislation. I Byrd Harkin Santorum The first amendment prohibits Con- would say this: This is not an itty- Campbell Hatch Sarbanes gress from passing any law establishing bitty issue. This is a big issue. The Cantwell Hollings Schumer Congress and States and cities have Carnahan Hutchinson Sessions a religion. Coming as they did from a Carper Hutchison Shelby land with an established religion where been expressing a desire to have, and be Chafee Inhofe Smith (NH) those of other faiths were not well tol- allowed to have, an expression of faith Cleland Inouye Smith (OR) erated, they set the highest value on in the public life of America. The Clinton Jeffords Snowe Cochran Johnson Specter freedom of religion. But they were not courts have been on a trend for decades Collins Kennedy Stabenow advocating freedom from religion. now to constrict that. Conrad Kerry Stevens By passing this legislation today the The opinion out of the Ninth Circuit Corzine Kohl Thomas is not as aberrational as some would Craig Kyl Thompson Senate will make clear that we under- Crapo Landrieu Thurmond stand the Founders’ intention. We will think. The Supreme Court, in my view, Daschle Leahy Torricelli reiterate our support for the Pledge of has been inconsistent and unclear. It Dayton Levin Voinovich Allegiance as codified and our national has cracked down on some very small DeWine Lieberman Warner Dodd Lincoln Wellstone motto, ‘‘In God we trust.’’ instances of public expression of faith. Domenici Lott Wyden Finally, I commend the Judiciary Our courts have made decisions such as Committee today in voting out the constraining a valedictorian’s address NOT VOTING—1 nomination of Lavenski Smith to the at a high school. Certainly our prayer Helms Eighth Circuit Court of Appeals. in schools has been rigorously con- The bill (S. 2690) was passed, as fol- Lavenski Smith, who is from the State stricted or eliminated in any kind of lows:

VerDate May 23 2002 01:07 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JN6.038 pfrm12 PsN: S27PT2 B064 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 111 Date— SENATE Filed: 05/05/2010 Entry ID:S6227 5443428 S. 2690 and education, Justice William O. Douglas, That pledge is recited by many thousands of Be it enacted by the Senate and House of Rep- in writing for the Court stated: ‘‘The First public school children—and adults—every resentatives of the United States of America in Amendment, however, does not say that in year... Art galleries supported by public rev- Congress assembled, every and all respects there shall be a sepa- enues display religious paintings of the 15th SECTION 1. FINDINGS. ration of Church and State. Rather, it stu- and 16th centuries, predominantly inspired Congress finds the following: diously defines the manner, the specific by one religious faith. The National Gallery (1) On November 11, 1620, prior to embark- ways, in which there shall be no concern or in Washington, maintained with Government ing for the shores of America, the Pilgrims union or dependency one on the other. That support, for example, has long exhibited signed the Mayflower Compact that de- is the common sense of the matter. Other- masterpieces with religious messages, nota- clared: ‘‘Having undertaken, for the Glory of wise the State and religion would be aliens bly the Last Supper, and paintings depicting God and the advancement of the Christian to each other—hostile, suspicious, and even the Birth of Christ, the Crucifixion, and the Faith and honor of our King and country, a unfriendly. Churches could not be required Resurrection, among many others with ex- voyage to plant the first colony in the north- to pay even property taxes. Municipalities plicit Christian themes and messages. The ern parts of Virginia,’’. would not be permitted to render police or very chamber in which oral arguments on (2) On July 4, 1776, America’s Founding Fa- fire protection to religious groups. Police- this case were heard is decorated with a no- thers, after appealing to the ‘‘Laws of Na- men who helped parishioners into their table and permanent—not seasonal—symbol ture, and of Nature’s God’’ to justify their places of worship would violate the Constitu- of religion: Moses with the Ten Command- tion. Prayers in our legislative halls; the ap- separation from Great Britain, then de- ments. Congress has long provided chapels in peals to the Almighty in the messages of the clared: ‘‘We hold these Truths to be self-evi- the Capitol for religious worship and medita- Chief Executive; the proclamations making dent, that all Men are created equal, that tion.’’. Thanksgiving Day a holiday; ‘so help me they are endowed by their Creator with cer- (13) On June 4, 1985, in the decision of the God’ in our courtroom oaths—these and all tain unalienable Rights, that among these Supreme Court of the United States in Wal- other references to the Almighty that run are Life, Liberty, and the Pursuit of Happi- lace v. Jaffree, 472 U.S. 38 (1985), in which a through our laws, our public rituals, our ness’’. mandatory moment of silence to be used for ceremonies would be flouting the First (3) In 1781, Thomas Jefferson, the author of meditation or voluntary prayer was held un- Amendment. A fastidious atheist or agnostic the Declaration of Independence and later constitutional, Justice O’Connor, concurring could even object to the supplication with the Nation’s third President, in his work ti- in the judgment and addressing the conten- which the Court opens each session: ‘God tion that the Court’s holding would render tled ‘‘Notes on the State of Virginia’’ wrote: save the United States and this Honorable ‘‘God who gave us life gave us liberty. And the Pledge of Allegiance unconstitutional Court.’’’. because Congress amended it in 1954 to add can the liberties of a nation be thought se- (9) On June 15, 1954, Congress passed and cure when we have removed their only firm the words ‘‘under God,’’ stated ‘‘In my view, President Eisenhower signed into law a stat- the words ‘under God’ in the Pledge, as codi- basis, a conviction in the minds of the people ute amending the Pledge of Allegiance to that these liberties are of the Gift of God. fied at (36 U.S.C. 172), serve as an acknowl- read: ‘‘I pledge allegiance to the Flag of the edgment of religion with ‘the legitimate sec- That they are not to be violated but with His United States of America and to the Repub- ular purposes of solemnizing public occa- wrath? Indeed, I tremble for my country lic for which it stands, one Nation under sions, [and] expressing confidence in the fu- when I reflect that God is just; that his jus- God, indivisible, with liberty and justice for ture.’’’. tice cannot sleep forever.’’. all.’’. (14) On November 20, 1992, the United (4) On May 14, 1787, George Washington, as (10) On July 20, 1956, Congress proclaimed States Court of Appeals for the 7th Circuit, President of the Constitutional Convention, that the national motto of the United States in Sherman v. Community Consolidated School rose to admonish and exhort the delegates is ‘‘In God We Trust’’, and that motto is in- District 21, 980 F.2d 437 (7th Cir. 1992), held and declared: ‘‘If to please the people we scribed above the main door of the Senate, that a school district’s policy for voluntary offer what we ourselves disapprove, how can behind the Chair of the Speaker of the House recitation of the Pledge of Allegiance includ- we afterward defend our work? Let us raise a of Representatives, and on the currency of standard to which the wise and the honest the United States. ing the words ‘‘under God’’ was constitu- can repair; the event is in the hand of God!’’. (11) On June 17, 1963, in the decision of the tional. (5) On July 21, 1789, on the same day that Supreme Court of the United States in Ab- (15) The 9th Circuit Court of Appeals erro- it approved the Establishment Clause con- ington School District v. Schempp, 374 U.S. 203 neously held, in Newdow v. U.S. Congress, (9th cerning religion, the First Congress of the (1963), in which compulsory school prayer Cir. June 26, 2002) that the Pledge of Alle- United States also passed the Northwest Or- was held unconstitutional, Justices Goldberg giance’s use of the express religious ref- dinance, providing for a territorial govern- and Harlan, concurring in the decision, stat- erence ‘‘under God’’ violates the First ment for lands northwest of the Ohio River, ed: ‘‘But untutored devotion to the concept Amendment to the Constitution, and that, which declared: ‘‘Religion, morality, and of neutrality can lead to invocation or ap- therefore, a school district’s policy and prac- knowledge, being necessary to good govern- proval of results which partake not simply of tice of teacher-led voluntary recitations of ment and the happiness of mankind, schools that noninterference and noninvolvement the Pledge of Allegiance is unconstitutional. and the means of education shall forever be with the religious which the Constitution (16) The erroneous rationale of the 9th Cir- encouraged.’’. commands, but of a brooding and pervasive cuit Court of Appeals in Newdow would lead (6) On September 25, 1789, the First Con- devotion to the secular and a passive, or to the absurd result that the Constitution’s gress unanimously approved a resolution even active, hostility to the religious. Such use of the express religious reference ‘‘Year calling on President George Washington to results are not only not compelled by the of our Lord’’ in Article VII violates the First proclaim a National Day of Thanksgiving for Constitution, but, it seems to me, are pro- Amendment to the Constitution, and that, the people of the United States by declaring, hibited by it. Neither government nor this therefore, a school district’s policy and prac- ‘‘a day of public thanksgiving and prayer, to Court can or should ignore the significance tice of teacher-led voluntary recitations of be observed by acknowledging, with grateful of the fact that a vast portion of our people the Constitution itself would be unconstitu- hearts, the many signal favors of Almighty believe in and worship God and that many of tional. God, especially by affording them an oppor- our legal, political, and personal values de- SEC. 2. ONE NATION UNDER GOD. tunity peaceably to establish a constitution rive historically from religious teachings. (a) REAFFIRMATION.—Section 4 of title 4, of government for their safety and happi- Government must inevitably take cog- United States Code, is amended to read as ness.’’. nizance of the existence of religion and, in- follows: (7) On November 19, 1863, President Abra- deed, under certain circumstances the First ‘‘§ 4. Pledge of allegiance to the flag; manner ham Lincoln delivered his Gettysburg Ad- Amendment may require that it do so.’’. of delivery dress on the site of the battle and declared: (12) On March 5, 1984, in the decision of the ‘‘The Pledge of Allegiance to the Flag: ‘I ‘‘It is rather for us to be here dedicated to Supreme Court of the United States in Lynch pledge allegiance to the Flag of the United the great task remaining before us—that v. Donelly, 465 U.S. 668 (1984), in which a city States of America, and to the Republic for from these honored dead we take increased government’s display of a nativity scene was which it stands, one Nation under God, indi- devotion to that cause for which they gave held to be constitutional, Chief Justice Burg- visible, with liberty and justice for all.’, the last full measure of devotion—that we er, writing for the Court, stated: ‘‘There is should be rendered by standing at attention here highly resolve that these dead shall not an unbroken history of official acknowledg- facing the flag with the right hand over the have died in vain—that this Nation, under ment by all three branches of government of heart. When not in uniform men should re- God, shall have a new birth of freedom—and the role of religion in American life from at move their headdress with their right hand that Government of the people, by the peo- least 1789. . . [E]xamples of reference to our and hold it at the left shoulder, the hand ple, for the people, shall not perish from the religious heritage are found in the statu- being over the heart. Persons in uniform earth.’’. torily prescribed national motto ‘In God We should remain silent, face the flag, and (8) On April 28, 1952, in the decision of the Trust’ (36 U.S.C. 186), which Congress and the render the military salute.’’. Supreme Court of the United States in President mandated for our currency, see (31 (b) CODIFICATION.—In codifying this sub- Zorach v. Clauson, 343 U.S. 306 (1952), in which U.S.C. 5112(d)(1) (1982 ed.)), and in the lan- section, the Office of the Law Revision Coun- school children were allowed to be excused guage ‘One Nation under God’, as part of the cil shall make no change in section 4, title 4, from public schools for religious observances Pledge of Allegiance to the American flag. United States Code, but shall show in the

VerDate May 23 2002 01:07 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JN6.032 pfrm12 PsN: S27PT2 B065 Case:S6228 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 112 Date— SENATE Filed: 05/05/2010 EntryJune ID:27, 5443428 2002 historical and statutory notes that the 107th between Denver and Colorado Springs do some fuels reduction in the Congress reaffirmed the exact language that had burned in excess of 137,000 acres, Coconino Forest. They were prevented has appeared in the Pledge for decades. much of it in the all-important South from doing so by an environmental SEC. 3. REAFFIRMING THAT GOD REMAINS IN Platte watershed of the City of Denver. lawsuit under the Endangered Species OUR MOTTO. While the fire is now 70 percent con- Act which contended that the fuels re- (a) REAFFIRMATION.—Section 302 of title 36, duction would disturb the goshawk, a United States Code, is amended to read as tained, over 1,200 residents are at risk follows: and many lost their homes. In fact, 618 small hawk. Later that same year, there was a fire that did start in that ‘‘§ 302. National motto homes and structures burned, and it has cost over $26 million so far in fight- forest, and it destroyed everything in ‘‘ ‘In God we trust’ is the national motto.’’. its path, including the goshawk nests. (b) CODIFICATION.—In codifying this sub- ing this fire. The Forest Service tells section, the Office of the Law Revision Coun- us much of this fire is in an area of dis- Now we have almost the same cata- cil shall make no change in section 302, title eased and stressed timber, some of strophic fire in the White River Na- 36, United States Code, but shall show in the which they have been attempting to tional Forest. historical and statutory notes that the 107th clean up, but opponents are delaying Time and again, we hear from Colo- Congress reaffirmed the exact language that this needed management through rado firefighters who are frustrated has appeared in the Motto for decades. courtroom appeals and litigation. they can’t seem to get ahead of the Mr. DASCHLE. I move to reconsider It is important to note that large fires. I submit we cannot seem to get the vote. parts of the area that has burned are in ahead of some of the lawsuits that Mr. LOTT. I move to lay that motion the areas that were designated as block our responsible management of on the table. roadless during the Clinton administra- the forests, and we won’t be able to get The motion to lay on the table was tion, under the Clinton management any place under control until we do. agreed to. plan. This year so far, we have had over 300 fires nationwide, and the fire season is f We have the Million Fire near the little town of South Fork, CO, near Wolf just starting. UNANIMOUS CONSENT REQUEST— The science is certain: Thinning for- Creek Pass. That fire is not big by the H.R. 3009 ests at natural levels significantly re- standards of this summer, but it has al- duces the threat of wildfires. Yet the Mr. DASCHLE. Madam President, I ready consumed over 8,500 acres, and it constant threat of environmental law- ask the Chair to lay before the Senate is right on the outskirts of the town of suits has resulted in what has been de- a message from the House with respect South Fork. We have lost 13 homes and scribed by the Forest Service as ‘‘anal- to H.R. 3009. buildings in that fire. The resource The PRESIDING OFFICER. The ysis paralysis.’’ The Forest Service is managers tell us it is burning in an now forced to study and assess pro- clerk will state the message. area of spruce and ponderosa pine al- Mr. LOTT. Reserving the right to ob- posed actions, not for the right rea- ready killed by insects. sons, but because of any potential ac- ject, Madam President. History shows many of proposed sal- tion in the courts, in anticipation of a Mr. DASCHLE. I withdraw the re- vage sales on the Rio Grande National flurry of lawsuits and appeals by some quest, Madam President. Forest have also been opposed by oppo- extreme groups. Dale Bosworth, Chief Mr. REID. Madam President, I sug- nents of cleaning the forests, and they of the Forest Service, testified before gest the absence of a quorum. have had difficulty getting proactive our committee that they are now using The PRESIDING OFFICER. The thinning and sanitation harvesting over 40 percent of their agency work clerk will call the roll. through the NEPA process. The agency and a good deal of their resources, The senior assistant bill clerk pro- tells us that nearly 100 additional about $250 million a year, that could ceeded to call the roll. homes and commercial buildings are have gone to save lives and property. Mr. CAMPBELL. Madam President, I currently threatened and that the Instead, they are using it to prepare for ask unanimous consent that the order town’s watershed is also in the line of court actions against opponents of for the quorum call be rescinded. fire. cleaning the forest. The PRESIDING OFFICER. Without Finally, just near where I live in Du- Environmental groups are proud of objection, it is so ordered. rango, CO, what is called the Mis- that obstruction-through-litigation Mr. CAMPBELL. Madam President, I sionary Ridge fire, which I am sure you strategy because every dollar we spend ask unanimous consent to speak for 6 have seen on CNN and a number of in litigating is one less dollar we spend minutes as in morning business. other networks, is 15 miles from the on managing the forest. They do ac- The PRESIDING OFFICER. Without town of Durango, CO—in fact, I can see knowledge, however, that forests are objection, it is so ordered. it from my front porch—and it is burn- unnaturally dense. f ing that way. Ten subdivisions are en- In Colorado, normally we have 50 dangered, over 1,150 residences are FOREST MANAGEMENT trees per acre. But now we see stands being evacuated, and we have lost 71 of 200, 500, and 800 trees per acre, rep- Mr. CAMPBELL. Madam President, I homes and outbuildings. The municipal resenting unmanageable fuel loads. rise today to talk about forest manage- watersheds of the towns of Durango Many of these trees are dying from in- ment, although I am certainly sad it and Bayfield are threatened, as well as sect infestation, which increases the has taken the current catastrophic numerous businesses, radio towers, and fire risk. Yet environmentalists still wildfires out West to get some atten- homes. oppose any thinning or removal of dead tion on this issue. The interesting part of that fire is it timber except if it is near homes or On May 18, before most of the fires is burning mostly in RARE II roadless around homes. They argue that had started and were underway, I held areas. Last week, when I was home, the thinning other parts of the forest a field hearing for the Energy Com- fire was only about 2 miles from the grants unnecessary footholds for the mittee in Golden, CO, to review coordi- city limits of the town of Durango with ‘‘big, bad’’ timber industry that will nation of firefighting efforts. The four zero containment and certainly has ravage the landscape. It is interesting intergovernmental witnesses all ex- had a devastating impact on the mo- that what they completely ignore is pressed serious concern that Colorado’s rale of the community, on the struc- that industry thinning on national for- unnaturally dense forests pose serious tures, and on tourism, which is the ests is done under very close scrutiny risk of unnaturally hot burning and un- backbone and mainstay of our econ- of the National Environmental Policy manageable fires, increasing the dan- omy. Act. ger to both people and property. Unfor- All of those fires I have mentioned What about lawsuits in the name of tunately, that worry became a very have really been eclipsed and over- animals? On the one hand, environ- real, unimaginable reality for much of shadowed by the huge fire in Arizona in mentalists sue land managers to keep the West. the Coconino National Forest, not far them from thinning because the action In our State alone just this year, we from the White River National Forest. might disturb all manner of species. On have had over 350,000 acres burn. As of I am reminded of 1996, when there the other hand, they ignore the com- yesterday, the Hayman fire east of I–25 was an effort by the Forest Service to plete devastation that catastrophic

VerDate May 23 2002 01:07 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JN6.032 pfrm12 PsN: S27PT2 B066 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 113 Date— SENATE Filed: 05/05/2010 Entry ID:S6231 5443428 I will be giving a statement with re- An interesting fact about these three As we can see from this case that has gard to this matter later, but in con- judges is that two of the three are ac- everyone up in arms, these circuit sideration of Senator REID’s and oth- tually on senior status which means judges do make a difference, and that ers’ time, I thought I would make this they are not considered active judges is why President Bush’s Circuit Court unanimous consent request first and and are semi-retired. The fact that nominees are being held up. He and I make my statement on this matter semi-retired judges were deciding is an agree that we should not be putting later. indication in and of itself that there judges on the appellate courts who will The PRESIDING OFFICER. Is there are problems in this circuit court and render decisions such as this. The judg- objection? there are clearly major problems in the ment of such judges really has to be Mr. REID. Reserving the right to ob- Ninth Circuit Court of Appeals. questioned by the vast majority of ject. Mr. President, we have been arguing Americans. The PRESIDING OFFICER. The Sen- for years about how the Ninth Circuit Despite the vacancies and the judi- ator from Nevada. should be changed. It is a huge circuit cial emergencies on the Ninth Circuit Mr. REID. Mr. President, as we which includes not only Hawaii and and all the federal circuits, the Senate speak, there are negotiations going on California, but Nevada, Arizona, Idaho, continues to have a problem con- at the White House dealing with a wide Oregon, Washington, and Montana as firming judges without undue and un- range of appointments and nomina- well. It is not surprising that the states justifiable delay. There are some 45 ju- tions. I hope this can be worked out. I in the circuit also have very different dicial nominees pending before the was confident a day or two ago that the cultural views of the world. Therefore, Senate at one level or another. Yet, we majority leader and the Republican geographically and ideologically, many have not confirmed one judge since be- leader, together with the White House, Senators encompassed by the Ninth fore the Memorial Day Recess. had worked something out on nomina- Circuit want it split into at least two, As I have already noted, as of this tions on which we could move forward, if not three, circuits. morning, there were 15 judges on the The Ninth Circuit is also by far the but that did not come to be. We also Executive Calendar who are ready to court that has been reversed the most know there is someone on the other go if a few Senators would only let by the United States Supreme Court. side of the aisle who has asked that we them. Three of the 15 are Circuit Court Indeed, the 9th Circuit decisions that judges. And there are several circuits on his behalf object, and I am doing have been reviewed by the Supreme around the country that are having that now. I object. Court have been reversed over 80% of The PRESIDING OFFICER. The ob- real problems handling their caseloads the time over the last 6 years. And because they do not have enough jection has been heard. these have not been close cases in the The Republican leader. judges to fill all of their seats—indeed Supreme Court either. On average, the one circuit, the Sixth, has half of its 16 Mr. LOTT. Mr. President, I under- Ninth Circuit’s decisions have received stand there may be another unanimous judgeships vacant. just two votes from the Supreme Around the country there are 89 judi- consent request in a moment, but it Court’s nine justices. cial vacancies. Thirty-one are Circuit could lead to some discussion back and Mr. President, I should also point Court vacancies, 17 of which have been forth, so at this time I yield myself that one of the judges who did decide declared judicial emergencies by the leader time so I can address the issue to hold that the Pledge of Allegiance to Administrative Office of the Courts and that was just objected to. the flag is unconstitutional was Ste- the Judiciary Committee is holding 11 The PRESIDING OFFICER. The Sen- phen Reinhardt. This active judge, who nominees President Bush has named to ator has that right. was appointed in the last year of fill those 17 emergencies. There are Mr. LOTT. Mr. President, the Senate, Jimmy Carter’s Presidency, holds the currently 57 vacancies at the District the American people, and the House of record for the most unanimous rever- Court level, 18 of which have been de- Representatives have all expressed sals by the Supreme Court in a single clared judicial emergencies. their outrage at the decision by the court term—five. He has been reversed I expect we are going to hear argu- Ninth Circuit Court of Appeals yester- a total of 11 times since the court’s ments back and forth about the num- day which ruled that the Pledge of Al- 1996–1997 term. He has been involved in bers, well, it is because you guys did legiance is unconstitutional because it such infamous, ridiculous decisions as not confirm enough judges during the contains the phrase ‘‘under God.’’ Peo- striking down California’s ‘‘three President Clinton’s last 2 years. But ple are understandably stunned and strikes and you’re out’’ criminal law whatever the history may have been, find it not only unbelievable, but inde- this spring. He has a long record of we have a problem now with our cir- fensible. other extremely unpopular and, in my cuits that must and can be fixed. Senators and the American people opinion, inaccurate and unfounded in- Mr. President, another example of are shocked that two Federal circuit terpretations of the law and/or the how important these judicial appoint- judges were capable of making such an Constitution. So, this judge has en- ments can be and what the effect on absurd decision. The fact that they did gaged in a pattern of using his position the nation can be is the decision hand- points up, once again, how vitally im- on the court to become an activist for ed down by the Supreme Court today portant these Federal judicial appoint- social change instead of interpreting by a 5–4 vote upholding Cleveland’s ments are in guiding not only the the law as passed and voted on by Con- school voucher program. Frankly, I country’s present, but its future as gress or as written by the Nation’s was amazed it was that close. Again, it well. Judges are important at every Framers. points up the importance of even a sin- level, but particularly at the appellate Twenty-eight active judges are au- gle judge on the Supreme Court or on a court, the circuit court level. thorized for the Ninth Circuit and five circuit court. This preposterous decision about the of those seats are vacant. Due to the I think that says a lot about the real Pledge of Allegiance, which Senators heavy caseload in the Circuit, all five reasons behind what is going on in the have been outraged about, was handed of those vacancies have been declared Committee with the President’s judi- down by three circuit court judges who judicial emergencies by the Adminis- cial nominees. There are a number of voted 2–1 that reciting the Pledge vio- trative Office of the Courts. President people in the Senate who say that if lated the Constitution’s Establishment Bush has nominated individuals to fill the President tries to put a conserv- Clause protections. three of those five vacancies, one from ative, strict constructionist judge on I should note that the vigorous dis- Hawaii who is supported by both of the the Supreme Court who will follow the sent in the case was filed by Judge Fer- Democrat Senators from his state has law and not write it from the bench as dinand Fernandez, who was appointed pending on the Executive Calendar the judges did in the Pledge of Alle- by the first President Bush, and who since May 16, another from California giance case they are going to oppose went into great detail since echoed by has been held up in the Committee him no matter how temperamentally, many members of this chamber—as to since June 22nd of last year without professionally, intellectually, or ethi- why the other two judges views and even a hearing, and the third from Ne- cally qualified he or she is. reading of the law are both unfounded vada has been in the Committee for However, as I have said before, many and inappropriate. two months. of us on this side of the aisle, voted for

VerDate May 23 2002 01:07 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JN6.106 pfrm12 PsN: S27PT2 B067 Case:S6232 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 114 Date— SENATE Filed: 05/05/2010 EntryJune ID:27, 5443428 2002 Justice Ginsburg when she went MCCAIN says he is going to object to leader, and I have said it on a number through the Senate when President any and all nominations until he gets of occasions, this is not tit for tat, this Clinton was in office. We knew we some sort of guarantee with regard to is not payback time. would not agree with most if not all of a nominee for the Federal Election I served and practiced law for many her future decisions but we felt we had Commission (FEC). Her nomination years and argued cases before the to admit that she was competent, eth- was not agreed to for 5 months, and Ninth Circuit. I have two sons in the ical, and qualified for the job despite now that the President has started the Ninth Circuit—Leif Reid is the admin- our philosophically differences with routine vetting process in order to for- istrative assistant for the circuit her. mally send her nomination to the Sen- judge; the other was a law clerk to the There are several other Clinton ate, Senator MCCAIN is saying that if chief judge—and I am familiar with the judges, particularly one or two out in the nomination is not moved on imme- circuit. There are very fine men and the California circuit, that I voted diately, he is going to hold up every women serving in that court. I am not whose future decisions I will probably single nomination pending in the Sen- here today to defend in any way Presi- live to regret for as long as I live. But ate. dent Nixon’s appointment to the court there is something worse than bad The investigation and FBI clearance or President Carter’s appointment to judges, I guess, and that is no judges, process, for all nominees—and this is a the court the two people who wrote which then expands the power of the Democrat nominee—usually takes that decision. We would all acknowl- bad judges like Judge Goodwin and about 2 months now and she will have edge it is wrong. I am confident that Judge Reinhardt that are on the Cir- to go through that process the same as the Ninth Circuit, when they meet en cuit Courts of Appeal now. everyone else. So, the President could banc, will stay that decision made by I will take a moment to note that the not appoint her right now if he wanted the two judges. Supreme Courts 5-to-4 decision on to. She has not had the clearance UNANIMOUS CONSENT REQUEST school vouchers will prove immensely check. So, evidently every nominee is Mr. REID. I ask unanimous consent important to thousands of low-income going to be held up today, this week, that upon completion of the county re- parents whose children are trapped in and all of July over a single nominee to form bill, the Senate proceed to imme- failing schools. Low-income children the FEC. That means that lifetime ap- diate consideration of Calendar No. 414, need an education even more than pointments of Federal judges on the S. 2039, the National Aviation Capacity other children since it is often their circuit and district courts, both Demo- Expansion Act for 2002. only means of escaping poverty for the crat and Republican, some who have The PRESIDING OFFICER. Is there rest of their lives. So, when public been waiting for a year or more, will objection? schools are not succeeding, they and have to wait for months on this single Mr. FITZGERALD. I object. their parents shouldn’t be sentenced to nominee who could not be confirmed The PRESIDING OFFICER. The ob- failure year after year. They deserve a today even if everyone was in agree- jection is heard. system and a process that offers them ment about her. Mr. REID. It is unfortunate we can- a hand up, and if need be a hand out of I do not get it, Mr. President. I think not get consent to move forward with a failing school, to find another avenue this is a real sad commentary and not this bill. It is a bill that enjoys strong to succeed. The Supreme Court upheld becoming, quite frankly, of the Senate, bipartisan support. a process where the money that is if she should allow this unjustifiable In April, the Commerce Committee being expended on their child in a fail- obstruction of all nominees to occur. voted 19 to 4 in favor of this very im- ing school, or in a school that is drug I have made an effort, as has Senator portant legislation. More than 60 Sen- infested or riddled with crime, can be DASCHLE. I thought we had made real ators indicated their support by send- used instead to lift the child out of the progress and were ready to go forward ing a letter to the two leaders asking failure and into a setting where they with an agreement that would move for this bill to come before the Senate can get an real academically sound nonjudicial nominations, judicial immediately. I simply believe this is a education. Is that such an awful result nominees, marshals, U.S. attorneys, national priority. I have flown into for the thousands of low-income chil- and a lot of folks who have been wait- O’Hare many times and understand dren trapped in dysfunctional and failing a long time. Then we hit a stone how busy and important that airport is ing schools? wall yet again. for the country, not just for the people In Philadelphia, PA, I understand the I had hoped that one way to do over- of Illinois. I believe we have the votes State has taken over the running of come this obstacle would be to move to pass this bill and to do so very the public schools. What a tragedy. these nominees en bloc. As everyone quickly. When Cleveland’s system was failing, knows, I do not usually move to Execu- I say to my friend, the junior Senator the city seized the initiative to try and tive Calendar nominations on my own from Illinois, to object to this point improve things, and so have other because that is normally the majority only delays the inevitable and stands areas. In this Cleveland’s case, they leader’s prerogative, but if all else in the way of addressing a national put in place a voucher program that is fails, you have to take advantage of aviation capacity problem in the Chi- working. It is helping children get an whatever avenue is available to you. cago region which affects the whole education that will last the rest of I hope the American people, and the country. It jeopardizes jobs and stalls their lives. Senate, will take another look at these economic development. I am very dis- Mr. President, getting back to the judicial nominations—and how we can appointed. absurd decision in San Francisco, it is move them and get them confirmed. If Mr. DURBIN. Will the Senator yield? easy for us all to say the Pledge of Al- it is a continuation of tit for tat when Mr. REID. I am happy to yield to my legiance with gusto and mean it, but will it ever end? Maybe it will fall to friend. we need to look behind this decision— my lot—no pun intended—to some day Mr. DURBIN. I thank the majority how in the world it happened. It is that say that we are going to end this, and whip for the unanimous consent re- America’s voters understand that these we are going to move these nomina- quest and would like to ask him a ques- Federal judgeships, and who fills them, tions unless there is a big ethical prob- tion as to whether he has any plans or do make a difference in the kind of so- lem or they are obviously not qualified. discussion with the majority leader in ciety that not only will we live in, but I yield the floor. reference to proceeding on this matter. our children’s children will live in. The PRESIDING OFFICER. The Sen- Mr. REID. I have spoken to the ma- That is why I have tried to find a way ator from Nevada. jority leader on several occasions. This to get an agreement to move the Presi- Mr. REID. Before the Republican legislation enjoys strong support and is dent’s eminently qualified nominees. leader leaves, I am not going to give a a priority for the majority leader. It is Senator DASCHLE and I have been long statement regarding judicial ap- fair to say the majority leader will use talking about it for about 3 weeks. I pointments because I have done that all appropriate avenues to bring this thought we had it all worked out. I on a number of occasions. Suffice it to legislation to final passage. think, frankly, we did have it worked say, the majority leader went through When an impressive coalition and out, but now our friend Senator this. As has been said by the majority supermajority of the Senate, labor,

VerDate May 23 2002 01:07 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JN6.132 pfrm12 PsN: S27PT2 B068 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 115 Date— SENATE Filed: 05/05/2010 Entry ID:S6233 5443428 business, aircraft controllers, pilots, time we will use any appropriate Nevada. Let me explain for a moment airlines, general aviation, and five means to bring this issue forward. We what the issue is before us so those who former Secretaries of Transportation will not be enslaved by the threat of are not familiar with it can come to write, call, or in some way visit with filibuster. I say to my colleague from understand it. O’Hare is pretty well the majority leader in support of this the State of Illinois, if he will accept a known across America. It is our busiest legislation, it is hard for the majority debate on this issue for a reasonable airport. In the year 2001, despite Sep- leader to ignore this, I respond to my period of time, offer the amendments, tember 11, it turned out to have more friend. and bring it up for a vote, I will accept flights and passengers than virtually Mr. DURBIN. If the majority whip the consequences. Let the Senate make any airport in America. will continue to yield, the purpose of its decision, yes or no. If the merits of But O’Hare is an airport that was de- this unanimous consent request was to his argument are compelling, he will signed and built in 1959, 43 years ago, make it clear on the record what I per- succeed. If they are not compelling, he with an anticipated annual volume of sonally believed would occur when my will lose. The same is true for my posi- 20 million passengers. It now has some colleague from the State of Illinois ob- tion. That is the nature of the legisla- 67 million passengers annually. The jected. There were some who said that tive body. It is the nature of fair play. runways that were designed in 1959 would not happen, that once this bill I hope my colleague from the State of were designed to standards and expec- had been reported from the committee, Illinois will reconsider his dedication tations of that era—standards and ex- had gone through the regular order, to these delays. pectations that have changed dramati- with two hearings before the Senate NINTH CIRCUIT OPINION cally. Commerce Committee, on which my Mr. REID. Mr. President, while I still What we have seen in 43 years is larg- colleague from Illinois serves, a hear- have the floor, I will respond more spe- er planes, more frequent flights, ing both in Chicago as well as in Wash- cifically to my friend, but I want to go changes in air traffic control. All of ington, when ample opportunity had off subject a little bit with some good these have challenged O’Hare and every been given both sides to present their news. airport in the country to modernize. point of view, when amendments were As I just stated, I had a couple of But O’Hare has been stuck with the considered and offered by my colleague sons who worked the Ninth Circuit. My same runway configuration now for from Illinois, when the final vote on son Leif Reid is administrative assist- over 40 years. the committee was a substantial bipar- ant to the Ninth Circuit. He just called Part of it has to do with politics be- tisan vote of 19 to 4, it was the belief— the cloakroom and indicated the Ninth cause in my State of Illinois the Gov- and I am sorry to say the mistaken be- Circuit stayed the order that was ernor has the final word when it comes lief—of some of my colleagues in the issued yesterday. The pledge is intact. to the construction of airports. Politi- Senate that my colleague from Illinois He is faxing me the opinion of the cally, it meant that a Democratic would accept a debate on this issue and court. mayor of Chicago and a Republican would accept the consequences, up or I am, frankly, amazed they did it as mayor from some other part of our down. quickly as they did, but I am happy State would rarely find common Apparently that is not to be the case. they did this. ground or agreement on the future of It leads us in a position, today, where Back to O’Hare, again I am speak- O’Hare. But last year, there was finally those colleagues on the floor who have ing—and I rarely do this, but on this a breakthrough. Gov. George Ryan, a any doubt in their mind should have it occasion I am speaking for the major- Republican, and Mayor Richard Daley dispelled. The objection by the Senator ity leader of the Senate, TOM DASCHLE. of Chicago, a Democrat, came to an from Illinois makes it clear that he is Senator DASCHLE has authorized me to agreement about how to change prepared to delay this as long as pos- say to Senator DURBIN that he will use O’Hare, modernize it, improve it, and sible. all his options, all the options of the make it safer. Many people thought it The Senator from Nevada has put his Senate, to pass this legislation this could not occur, but it did happen, and finger on the issue. What is at stake is year. because of that decision and because of the safety of O’Hare, the world’s busi- On behalf of the many people who that agreement we now have a chance est airport. What is at stake is the effi- support this legislation, I say to my to make that airport modern and safe ciency of that airport. What is at stake friend, Senator DURBIN, he has done by 21st century standards. are hundreds of thousands of jobs in Il- great work on this issue. I appreciate Some say that seems to be obvious. linois and literally the future of our the support of Senator GRASSLEY and Who would object to it? It turns out economy. That may sound like hyper- Senator HARKIN but especially the Sen- that a handful of communities around bole from a Senator, but what I have ator from Illinois for his hard work on O’Hare naturally are concerned about said is supported by the Chamber of behalf of frustrated fliers everywhere. the prospects of changing flight pat- Commerce on a national and State We have frustrated fliers at McCarran terns or expanding service to that air- basis, the national AFL–CIO and the in Las Vegas, the sixth busiest airport port. They would object, as one might State AFL–CIO, all of the major busi- in America. This is unfortunate to expect. ness organizations, economic develop- frustrated fliers. When fliers at O’Hare The elected officials in that area cre- ment organizations which support this are less frustrated, we have more peo- ated a coalition to oppose these bill and oppose the position taken by ple coming to Las Vegas. It affects not changes at O’Hare. My colleague in the the junior Senator from Illinois. only the Chicago area, the State of Illi- Senate, the junior Senator from Illi- This is not a bill just being offered by nois, but the entire country. That is a nois, has announced his opposition to me but, rather, with the cooperation massive airport and is a feeder to the any plans to change O’Hare. I under- and the active participation of my col- rest of the world. stand that. But there comes a moment league, Senator GRASSLEY of Iowa, I salute Senator DURBIN for such pain time when you have to say: What is Senator HARKIN as well, and a bipar- tience. The Senate is going to act on in the best interests of our entire tisan coalition. As the majority whip this legislation in some way. There are State? What is in the best interests of has noted, 61 Senators have signed on ways to do this. We are going to do it the region? What is in the best inter- in support of this bill and sent a letter in some way, shape, or form, and we ests of the Nation? to the majority leader and Republican will do it as quickly as we can. The I think what the people of Illinois leader to indicate that support. My Senator has the full support of the ma- have said in overwhelming numbers is junior colleague from the State of Illi- jority leader. they believe this historic agreement is nois certainly does not have that kind Mr. DURBIN. I ask unanimous con- in our best interests. We have the sup- of support. He has said he is going to sent to be recognized for 10 minutes in port, as I mentioned earlier, of the Na- try to delay this and try to avoid it for morning business. tional Chamber of Commerce, the Illi- as long as possible. The PRESIDING OFFICER. Without nois State Chamber of Commerce, the In making this unanimous consent objection, it is so ordered. National AFL–CIO, the Illinois State and making this statement, I hope it is Mr. DURBIN. Mr. President, I again AFL–CIO, the Airline Pilots Associa- clear on the record that at this point in thank my colleague from the State of tion, the air traffic controllers, general

VerDate May 23 2002 01:07 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JN6.108 pfrm12 PsN: S27PT2 B069 Case:June 09-2473 27, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 116 Date— SENATE Filed: 05/05/2010 Entry ID:S6237 5443428 GETTING ANSWERS working inside the agencies. These are democratic theory, clearly shows that Mr. DORGAN. Mr. President, during employees of the FBI and other agen- power is granted from ‘‘above.’’ Not England’s darkest hour in 1940, Win- cies who are blowing the whistle on ‘‘above’’ from a judge’s bench, but ston Churchill spoke of an unwavering agency managers who fail to see the higher—from an Almighty Power. sense of purpose. ‘‘You ask, what is our gravity of this situation and refuse to Every major assertion of our funda- aim? I can answer in one word: it is take appropriate actions. mental political thought references victory, victory at all costs, victory in For example, Minneapolis FBI agents God, and not in passing, but as a cor- spite of all terror,’’ he told members of were admonished by their superiors for nerstone of human life. Parliament. sharing information with the CIA in Sometimes it is again literally a cor- Sixty years later, we here in the the case of suspected terrorist, nerstone. The Jefferson Memorial has United States are fighting a different Zacarias Moussaoui, who had links to quotes from that great man, which kind of terror, terrorists who hide in Osama bin Laden. That is unaccept- contain references to God carved into caves and plan the murder of thousands able. These agencies need to work to- the stone. The Lincoln Memorial also of innocent Americans, but our resolve gether. Preventing the next terrorist has a testament to that President’s to defeat it matches that of Churchill. act is a tough job, and we will succeed commitment to God cut into the very Some have expressed concerns that the only if we have all of the resources marble. Anyone reading his Second In- investigations of how our intelligence working full time and cooperating augural must know his view of a daily and law enforcement authorities han- fully. presence of God in the affairs of man In recent months and weeks, the dled information prior to 9–11 will and in the political life of this nation. head of Homeland Security has warned weaken our efforts to defeat terrorists. The Holocaust Memorial facade quotes Frankly, I think the questions that our country the terrorist attacks scriptures. So does our Library of Con- are being raised will strengthen our ef- against the Untied States could happen gress, Union Station, Constitution forts to defeat terrorism. We have a lot at any time. That’s why these agencies Hall, and many others. of good men and women working in the and their officials have to be fighting Even William Shakespeare’s Puck is CIA, the FBI and other agencies. But the battle against terrorists, not turf quoted referring to God over outside evidence, we have learned in recent battles between their agencies. the Folger Shakespeare Theater—in a Big, bureaucratic and slow doesn’t months, suggests that there is a layer quote that I think rings especially true get it anymore. We deserve better from regarding certain court rulings—‘‘Lord, of bureaucracy and resistance in the these agencies. What if there is critical management of some of these critical What fools these mortals be.’’ Lord, information right now in the posses- what foolish rulings these judges make. agencies that stifles the efforts of good sion of one agency that is not sharing law enforcement and good intelligence There has already been discussions on it with another? Are those who dropped this floor regarding our coins, our when tracking terrorists. the ball last year in these agencies. We have to fix that. Our job is to pre- money, and this very Chamber. I don’t The same ones we now rely on to prevent the next act of terror and if the bring these up just to worry aloud as to vent another terrorist nightmare? bureaucracy is clogging the arteries of The answer to these questions is why whether they are soon to be ruled our intelligence and law enforcement this is such an urgent matter. We, the against as well, but to show that our agencies, then we have to get rid of it. President, the Congress and the Amer- nation was incorporated under God, Consider this: six months after Mo- ican people, deserve the unvarnished and an attempt to excise God from this hammed Atta and MarwanAl-Shehhi facts so that we can move ahead and Republic is wrong and lacking in his- flew huge jets into the World Trade protect our country, so I say let’s do torical and legal insight. Our citizens are free from an official Center, the U.S. Immigration and Nat- these investigations. Let’s make sure uralization Service inexplicably sent that they don’t turn into a circus. As state religion—not forced to be free notice their visa status had been Sergeant Joe Friday used to say, ‘‘Just from religious thought. When President Eisenhower signed changed from travel to student. In re- the facts, ma’am.’’ Let’s use those the law adding ‘‘under God’’ to the cent weeks, reports indicate a Phoenix facts to make the changes these agen- pledge, he was not doing so in attempt FBI agent alerted headquarters of his cies so that the men and women of the to lead this Nation down a Godly path. suspicions about Middle Eastern men FBI, the CIA and other agencies who It was not using the bully pulpit to at- taking flight lessons. Minneapolis are very capable and serve America agent Coleen Rowley has complained well, are able to do their jobs success- tempt to steer a course. He was affirm- bitterly that her office’s efforts to ob- fully. ing that this nation has already contain a search warrant about a sus- Only then, as Winston Churchill did, sistently and thoroughly incorporated pected highjacker were ignored. Now can we finally win the war against ter- belief in and submission to God. the CIA says that it was tracking two rorism. We separated ourselves from the of those who committed terrorist’s acts United Kingdom under the laws of Na- f on 9–11, but there is controversy over ture’s God, claiming the unalienable whether the FBI was actually notified. PLEDGE OF ALLEGIANCE rights we were endowed with by our As a result the terrorists moved in and Mr. ALLARD. Mr. President, I would Creator and appealing to the Supreme out of our country with ease. These and like to speak on the ridiculous ruling Judge of the world for recititude of our other reports, in recent months, raise of the Ninth U.S. Circuit Court of Ap- intentions. We have continued this way real concerns about how these federal peals. Literally ridiculous; it deserves ever since—no matter what the Ninth intelligence and law enforcement agen- to be ridiculed. It was a 2–1 decision, so might say. cies are working to prevent future acts there is, at least, one judge on the Finally, I want to make it clear that of terrorism. Court who can rule based on the same I am not merely upset about the fact When people begin to raise questions legal and civic theory that the rest of that the Pledge of Allegiance was ruled about these issues, some claim that the the country has been operating under against. I want to also speak against intent is to criticize President Bush. for the last 226 years. the ongoing assault on our basic reli- President Bush, indeed any Presi- I cannot accept removing ‘‘under gious beliefs. As my friend Senator dent, would have moved heaven and God’’ from the Pledge of Allegiance. SESSIONS voiced earlier, this is just an- earth to prevent the catastrophe of 9–11 This ruling is appalling. I never other result of a dangerous and radical if he had received any advance warn- thought I would see the day when say- viewpoint that is held by an irrespon- ing. These inquiries are not about the ing the Pledge of Allegiance would be sible few. Few as they are compared to President or the White House. They are declared unconstitutional by a court. I our citizens as a whole, there are far about the effectiveness of our Federal certainly did not think I would see it too many in this body and elsewhere agencies in the war against terrorism on the day I placed my hand on a Holy who express beliefs and support for rad- here at home. Bible and made an Oath at my swear- ical judges that cannot help but lead us The information disclosed in recent ing in. to these types of decisions. We do not months about some of the failures of The Magna Carta of 1215, considered jump from a nation that believes itself these agencies has come from people the initial codification of Western endowed by its Creator with

VerDate May 23 2002 01:07 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JN6.048 pfrm12 PsN: S27PT2 B070 Case:S6238 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 117 Date— SENATE Filed: 05/05/2010 EntryJune ID:27, 5443428 2002 unalienable rights to a nation where we approach Prague: ‘‘We should not and the flight line and renovating the Pledge of Allegiance can be ruled calculate how little we can get away buildings and training facilities. While unconstitutional without many inter- with, but how much we can do to ad- this is certainly a positive develop- vening steps along the way. Those of us vance the cause of freedom.’’ ment, I was concerned with the equip- who oppose the many small steps taken Yet while the Alliance should extend ment at the base, including Soviet-era down this path welcome those who fi- invitations to a number of countries in MiG–29 and MiG–21 aircraft. While the nally stand aghast at where we end up. Prague, I believe it is premature to sin- MiG–21s will be retired, the Bulgarians I hope this body and the Nation will gle out countries for membership at hope to upgrade their MiG–29s by 2004, move to correct the error. this point. Instead, we should continue with the goal of full NATO interoper- f to encourage aspirants to make ability. There are serious questions not progress on their membership action only about whether or not this can ac- REPORT ON TRIP TO BULGARIA, plans and move forward with demo- tually be done, but also whether this is MACEDONIA, KOSOVO, SLOVAKIA, cratic, economic and judicial reforms. money wisely spent. As NATO con- SLOVENIA AND BRUSSELS As such, during consideration of the siders questions about military capa- Mr. VOINOVICH. Mr. President, over Declaration on NATO Enlargement, I bilities, it will be important to con- the Memorial Day recess, I joined joined Congressman DOUG BEREUTER, sider how NATO members and aspirant seven members of the House of Rep- the chairman of the U.S. delegation, countries can best invest limited de- resentatives to participate in the and other members of the United fense dollars to contribute to the over- spring meeting of the NATO Par- States Congress at the meeting in ab- all mission of the Alliance. As Bulgaria liamentary Assembly. Twice a year, staining from a vote on an amendment continues with defense reforms, this legislators from NATO member coun- that identified seven countries as ready will be one factor to consider. tries and seventeen countries that have for membership in the Alliance. De- Bulgaria must also confront chal- been given ‘‘associate’’ status—includ- spite U.S. concerns, the amendment lenges in other areas, including the ing NATO aspirants and members of was adopted. need to move forward with judicial re- the Partnership for Peace program— While I do not disagree that the forms. The government must take ac- gather to discuss significant issues fac- countries listed in the amendment— tion to combat corruption and orga- ing the Alliance. Bulgaria, Romania, Slovakia, Slovenia, nized crime. I discussed this issue with At the forefront of the agenda this Estonia, Latvia and Lithuania—have Prime Minister Saxe-Coburg-Gothe and year were issues related to the war on made some strides in their prepara- President Purvanov, as well as Foreign terrorism, and questions that will be tions to join NATO, there are serious Minister Passy. Perhaps one of the most eye-opening raised when NATO heads of state meet discussions that must take place be- conversation I had during my trip to in Prague this November, including: tween now and November regarding the Bulgaria was with FBI Special Agent the future direction of the Alliance; selection of new members. Victor Moore, who is working with the the growing gap in military capabili- This spring’s NATO Parliamentary Bulgarian government and local NGOs ties between the United States and our meeting was especially important to to combat human trafficking. As a its host country, Bulgaria, which hopes European allies; and the selection of member of the Helsinki Commission to receive an invitation to join the Al- new members. and an active participant in the annual This was the third year that I have liance in Prague. I remain very inter- meetings of the OSCE Parliamentary participated in the NATO Parliamen- ested in discussion about NATO en- Assembly, I have worked on this issue tary Assembly’s spring gathering. The largement, and while in Sofia, I was with Congressman CHRIS SMITH—who meeting took on a new urgency as the glad to have opportunity to visit with has a long record of work to combat Alliance continues to confront a Prime Minister Simeon Saxe-Coburg- the trafficking of men, women and changed international security envi- Gothe and President Georgi Parvanov children. I also follow the efforts of the ronment in the aftermath of the ter- to discuss Bulgaria’s work to join the Southeast European Cooperative Ini- rorist attacks on September 11th. As Alliance. I also met with Defense Min- tiative (SECI), which aims to combat parliamentarians discussed the mili- ister Nikolay Svinarov and Foreign trans-border crime in the region. tary campaign in Afghanistan and the Minister Solomon Passy, who I have SECI has spearheaded an initiative to role of NATO in the war on terror, I re- met with previously in my office in combat human trafficking in southeast minded my European counterparts of Washington, DC. Europe, and Vic Moore’s efforts are the need to invest in the defense budg- My first official visit outside of the tied directly to their objectives. Of his ets of their respective countries. With- NATO session was with Bulgaria’s De- eleven years in the FBI, he spent nine out fundamental military capabilities fense Minister, Nikolay Svinarov. Just of them working on drug enforcement such as strategic airlift and command minutes before our meeting, Mr. in New York City. In Bulgaria, he is and control systems, the European con- Svinarov spoke to the NATO PA’s working to give law enforcement per- tribution to the global war on ter- Committee on Defense and Security, sonnel the skills they need to inves- rorism will continue to be limited. outlining Bulgaria’s plans to move for- tigate and prosecute human trafficking It was clear throughout the meeting ward with defense reforms. His presen- cases. The Bulgarian government has that the events of 9–11 have impacted tation was clear, and I congratulated formed a multi-agency task force, discussions in many areas, including him on his effort to describe Bulgaria’s which has liberated more than 160 expansion of the Alliance. During con- progress on the defense portion of the women, issued 60 arrest warrants and sideration of a Declaration on NATO membership action plan (MAP). While captured approximately 60 traffickers. Enlargement, I introduced an amend- noting the progress that has been This important work should continue. I ment calling attention to the signifi- made, I encouraged him to follow believe it is important that the govern- cant threats that terrorism and the through on the vision that he articu- ment take continued steps to strength- proliferation of weapons of mass de- lated to the NATO parliamentarians. I en the rule of law and reform the judi- struction pose to NATO countries, and was impressed with Bulgaria’s plan; cial systems. This will be important as recognizing that as NATO considers en- however, it is evident that there is still NATO evaluates the progress of aspi- largement, the Alliance remains open a lot of work to be done to implement rant countries later this year. to tolerant, democratic societies, their ambitious agenda for military re- In all of my conversations in Sofia, which embrace values that terrorism form. one thing was clear: the people of Bul- seeks to destroy. My impressions were reaffirmed sev- garia, and the members of government As the meeting progressed, I also ex- eral days later when I visited Graf who represent them, want to join pressed my strong support for a robust Ignatievo air base, near the city of NATO. Over a breakfast meeting with round of enlargement during the Sum- Plovdiv. The enthusiasm of the officers members of the U.S. delegation at the mit of the Alliance in Prague later this and pilots at the base was evident. home of our Ambassador to Bulgaria year. I share the President’s vision of Since 2001, the Bulgarian government Jim Pardew, President Parvanov said enlargement, articulated in Warsaw, has invested in modernization of base that there is complete public and polit- Poland last June, when he said that as infrastructure, upgrading the runway ical consensus on NATO in Bulgaria.

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A bill to establish a United States- for the construction and renovation of public (Mr. DOMENICI) was added as a cospon- Canada customs inspection pilot project; to schools; to the Committee on Finance. sor of S. 326, a bill to amend title XVIII the Committee on Finance. f of the Social Security Act to eliminate By Mr. HUTCHINSON (for himself, Mr. the 15 percent reduction in payment SESSIONS, Mr. LOTT, Ms. COLLINS, Mr. SUBMISSION OF CONCURRENT AND rates under the prospective payment BURNS, Mrs. HUTCHISON, Mr. HELMS, SENATE RESOLUTIONS Mr. INHOFE, Mr. CAMPBELL, Mr. ROB- system for home health services and to ERTS, Mr. DEWINE, Mr. SHELBY, Mr. The following concurrent resolutions permanently increase payments for ALLEN, Mr. ENSIGN, Mr. SMITH of New and Senate resolutions were read, and such services that are furnished in Hampshire, Mr. BENNETT, Mr. STE- referred (or acted upon), as indicated: rural areas. VENS, Mr. VOINOVICH, Mr. GRAMM, Mr. By Mr. BIDEN (for himself, Mr. THUR- S. 346 MCCONNELL, Mr. BROWNBACK, Mr. MOND, Mr. CONRAD, Mr. CLELAND, At the request of Mr. MURKOWSKI, the NICKLES, Mr. BUNNING, Mr. ENZI, Mr. Mrs. CLINTON, Mr. ROCKEFELLER, Mr. name of the Senator from Missouri HAGEL, Mr. LUGAR, Mr. BOND, Mr. MILLER, Mr. DEWINE, Mr. COCHRAN, (Mr. BOND) was added as a cosponsor of MURKOWSKI, Mr. CRAIG, Mr. THOMAS, Mr. DURBIN, Mr. LUGAR, Ms. COLLINS, S. 346, a bill to amend chapter 3 of title Mr. CRAPO, Mr. DOMENICI, Mr. KYL, Mr. SESSIONS, Mr. KERRY, Mr. Mr. MILLER, Mr. ALLARD, and Mr. 28, United States Code, to divide the BREAUX, Mr. DODD, Mr. DORGAN, Mr. Ninth Judicial Circuit of the United WARNER): HELMS, Mr. BAUCUS, Mrs. BOXER, Mr. S. 2690. A bill to reaffirm the reference to JOHNSON, Ms. LANDRIEU, Mr. GRASS- States into two circuits, and for other one Nation under God in the Pledge of Alle- LEY, Mr. ROBERTS, Mr. LEVIN, Mr. purposes. giance; considered and passed. REID, Mr. LEAHY, Mr. MCCAIN, Mr. S. 454 By Mr. FEINGOLD: HOLLINGS, Mr. SARBANES, Mr. At the request of Mr. BINGAMAN, the S. 2691. A bill to amend the Communica- VOINOVICH, Mr. INHOFE, Mrs. MURRAY, name of the Senator from California tions Act of 1934 to facilitate an increase in Mr. GREGG, Ms. MIKULSKI, Mr. programming and content on radio that is (Mrs. BOXER) was added as a cosponsor DOMENICI, Mr. HUTCHINSON, Mrs. LIN- locally and independently produced, to fa- of S. 454, a bill to provide permanent COLN, Mr. SANTORUM, Mr. CRAPO, Mr. cilitate competition in radio programming, funding for the Bureau of Land Man- BUNNING, Mr. CRAIG, Mr. STEVENS, radio advertising, and concerts, and for other agement Payment in Lieu of Taxes pro- Mr. AKAKA, Mr. NELSON of Florida, purposes; to the Committee on Commerce, Mr. CARPER, Mr. INOUYE, Mr. HAGEL, gram and for other purposes. Science, and Transportation. Mr. FEINGOLD, Mr. WARNER, Mr. S. 572 By Mr. CORZINE (for himself, Mr. BINGAMAN, and Mr. DAYTON): At the request of Mr. CHAFEE, the TORRICELLI, Mr. DURBIN, and Mr. S. Res. 293. A resolution designating the name of the Senator from Georgia (Mr. NELSON of Florida): week of November 10 through November 16, S. 2692. A bill to provide additional funding CLELAND) was added as a cosponsor of 2002, as ‘‘National Veterans Awareness for the second round of empowerment zones S. 572, a bill to amend title XIX of the Week’’ to emphasize the need to develop edu- and enterprise communities; to the Com- Social Security Act to extend modi- cational programs regarding the contribu- mittee on Finance. tions of veterans to the country; to the Com- fications to DSH allotments provided By Mr. DORGAN (for himself and Mr. mittee on the Judiciary. under the Medicare, Medicaid, and CORZINE): By Mrs. FEINSTEIN (for herself, Mr. SCHIP Benefits Improvement and Pro- S. 2693. A bill to amend the Internal Rev- SPECTER, Mr. DASCHLE, Mr. DODD, tection Act of 2000. enue Code of 1986 to encourage retirement Mr. TORRICELLI, Mr. FEINGOLD, Mr. savings for individuals by providing a refund- S. 677 DAYTON, Ms. STABENOW, Mr. DURBIN, able credit for individuals to deposit in a So- At the request of Mr. FRIST, his name Mr. JEFFORDS, Mr. KENNEDY, Mr. cial Security Plus account, and for other was added as a cosponsor of S. 677, a INOUYE, Ms. CANTWELL, Mr. LEAHY, purposes; to the Committee on Finance. bill to amend the Internal Revenue Mr. WYDEN, Mrs. BOXER, Mr. REED, By Mr. ALLEN (for himself and Mr. Code of 1986 to repeal the required use Mr. AKAKA, Mr. HARKIN, Mrs. CLIN- WARNER): of certain principal repayments on S. 2694. A bill to extend Federal recogni- TON, Mr. REID, Mrs. MURRAY, Mr. CORZINE, Mr. BINGAMAN, Ms. MIKUL- mortgage subsidy bond financing to re- tion to the Chickahominy Tribe, the Chicka- deem bonds, to modify the purchase hominy Indian Tribe—Eastern Division, the SKI, Mr. BAYH, Mr. LEVIN, Mr. Upper Mattaponi Tribe, the Rappahannock WELLSTONE, Mr. KERRY, Ms. COLLINS, price limitation under mortgage sub- Tribe, Inc., the Monacan Tribe, and the Mr. LIEBERMAN, Ms. LANDRIEU, Mr. sidy bond rules based on median family Nansemond Tribe; to the Committee on In- EDWARDS, Mr. SMITH of Oregon, Mr. income, and for other purposes. IDEN CHUMER HAFEE dian Affairs. B , Mr. S , Mr. C , Mr. S. 999 SARBANES, Mr. KOHL, Mrs. CARNAHAN, By Mr. FRIST (for himself, Mr. FEIN- At the request of Mr. BINGAMAN, the Mr. CARPER, Mr. NELSON of Florida, GOLD, and Mr. LUGAR): name of the Senator from Delaware S. 2695. A bill to amend the Foreign Assist- and Mr. CLELAND): (Mr. BIDEN) was added as a cosponsor of ance Act of 1961 to extend the authority for S. Res. 294. A resolution to amend rule debt reduction, debt-for-nature swaps, and XLII of the Standing Rules of the Senate to S. 999, a bill to amend title 10, United debt buybacks to nonconcessional loans and prohibit employment discrimination in the States Code, to provide for a Korea De- credits made to developing countries with Senate based on sexual orientation; to the fense Service Medal to be issued to tropical forests; to the Committee on For- Committee on Rules and Administration. members of the Armed Forces who par- eign Relations. By Mr. CAMPBELL (for himself, Mr. ticipated in operations in Korea after By Mr. BINGAMAN: AKAKA, Mr. DOMENICI, Mr. COCHRAN, the end of the Korean War. and Ms. STABENOW): S. 2696. A bill to clear title to certain real S. 1156 property in New Mexico associated with the S. Res. 295. A resolution commemorating At the request of Mr. SMITH of Or- Middle Rio Grande Project, and for other the 32nd Anniversary of the Policy of Indian purposes; to the Committee on Energy and Self-Determination; to the Committee on egon, the name of the Senator from Natural Resources. the Judiciary. Virginia (Mr. ALLEN) was added as a By Mr. REID (for himself, Mrs. BOXER, By Mr. DASCHLE: cosponsor of S. 1156, a bill to amend the Mrs. CLINTON, Mr. LIEBERMAN, and S. Con. Res. 125. A concurrent resolution Consumer Product Safety Act to pro- Mr. SARBANES): providing for a conditional adjournment or vide that low-speed electric bicycles S. 2697. A bill to require the Secretary of recess of the Senate and a conditional ad- are consumer products subject to such the Interior to implement the final rule to journment of the House of Representatives; Act. phase out snowmobile use in Yellowstone considered and agreed to. S. 1220 National Park, John D. Rockefeller Jr. Me- By Mr. REID (for himself, Mr. CRAIG, morial Parkway, and Grand Teton National Mrs. FEINSTEIN, and Ms. STABENOW): At the request of Mr. BREAUX, the Park, and snowplane use in Grand Teton Na- S. Con. Res. 126. A concurrent resolution name of the Senator from Georgia (Mr. tional Park; to the Committee on Energy expressing the sense of Congress regarding MILLER) was added as a cosponsor of S. and Natural Resources. Scleroderma; to the Committee on Health, 1220, a bill to authorize the Secretary By Mr. ROCKEFELLER: Education, Labor, and Pensions. of Transportation to establish a grant S. 2698. A bill to establish a grant program f program for the rehabilitation, preser- for school renovation, and for other pur- vation, or improvement of railroad poses; to the Committee on Health, Edu- ADDITIONAL COSPONSORS track. cation, Labor, and Pensions. S. 326 By Mr. ROCKEFELLER: S. 1339 S. 2699. A bill to amend the Internal Rev- At the request of Ms. COLLINS, the At the request of Mr. LEAHY, the enue Code of 1986 to expand the incentives name of the Senator from New Mexico name of the Senator from Utah (Mr.

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, FRIDAY, JUNE 28, 2002 No. 89 House of Representatives The House was not in session today. Its next meeting will be held on Monday, July 8, 2002, at 2 p.m. Senate FRIDAY, JUNE 28, 2002

The Senate met at 9:31 a.m. and was to the Senate from the President pro The ACTING PRESIDENT pro tem- called to order by the Honorable tempore (Mr. BYRD). pore. Without objection, it is so or- DEBBIE STABENOW, a Senator from the The legislative clerk read the fol- dered. State of Michigan. lowing letter: f U.S. SENATE, PRAYER PRESIDENT PRO TEMPORE, SCHEDULE The Chaplain, Dr. Lloyd John Washington, DC, June 28, 2002. Mr. DASCHLE. Madam President, Ogilvie, offered the following prayer: To the Senate: the Senate will be in a period of morn- Gracious God of progress, our hearts Under the provisions of rule I, paragraph 3, ing business with Senators permitted are filled with gratitude. Thank You of the Standing Rules of the Senate, I hereby to speak for up to 10 minutes each. I for answered prayer. You have been appoint the Honorable DEBBIE STABENOW, a have already announced there will be with the Senators through these in- Senator from the State of Michigan, to per- tensely busy weeks. You have honored form the duties of the Chair. no rollcall votes today. The next roll- ROBERT C. BYRD, call vote will occur on Tuesday morn- their commitment to hard work. President pro tempore. Thank You for the legislation that has ing, July 9. been accomplished. We praise You that Ms. STABENOW thereupon assumed I will use my leader time this morn- You guide and provide. When we seek the chair as Acting President pro tem- ing; if my time exceeds the 10 minutes, Your direction, goals can be set and pore. I ask the time be taken off leader time. The ACTING PRESIDENT pro tem- achieved to Your glory. f Now we ask You to bless the Sen- pore. Without objection, it is so or- ators as they return to their States to RESERVATION OF LEADER TIME dered. work with their constituencies for the The ACTING PRESIDENT pro tem- f Fourth of July recess. While they enjoy pore. Under the previous order, the a break from the pressures here in ACCOUNTING REFORM AND INVES- leadership time is reserved. Washington, refresh them with rest, re- TOR PROTECTION WILL BE THE newal, and rejuvenation. Give them f FIRST ORDER OF BUSINESS quality time with their families and WHEN WE RETURN friends. You are our Lord and Saviour. MORNING BUSINESS Mr. DASCHLE. Madam President, Amen. The ACTING PRESIDENT pro tem- our form of government rests on two f pore. Under the previous order, there pillars. One is democracy. The other is PLEDGE OF ALLEGIANCE will now be a period for the transaction free enterprise. We are the strongest, of morning business, with Senators most successful nation in the world be- The Honorable DEBBIE STABENOW led permitted to speak therein for up to 10 cause we have maintained the strength the Pledge of Allegiance, as follows: minutes each. of both of those pillars. I pledge allegiance to the Flag of the In my capacity as a Senator from We are the most durable democracy United States of America, and to the Repub- lic for which it stands, one nation under God, Michigan, I suggest the absence of a in the world because our system is con- indivisible, with liberty and justice for all. quorum. stantly refreshed by new leaders and The clerk will call the roll. new ideas. If leaders fail, they can be f The legislative clerk proceeded to voted out of office. If ideas fail, they APPOINTMENT OF ACTING call the roll. can be either discarded or improved. PRESIDENT PRO TEMPORE Mr. DASCHLE. Mr. President, I ask The strength of the system rests on The PRESIDING OFFICER. The unanimous consent the order for the the fact that—while not perfect—our clerk will please read a communication quorum call be dispensed with. Government is open and accountable.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S6297

VerDate May 23 2002 05:24 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A28JN6.000 pfrm17 PsN: S28PT1 B073 Case:S6306 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 120 Date— SENATE Filed: 05/05/2010 EntryJune ID:28, 5443428 2002 Essay 10.] It is, that in a democracy, the peo- ‘‘under God’’ were included in the America as ‘‘one Nation, under God, in- ple meet and exercise the government in per- Pledge of Allegiance. divisible, with liberty and justice for son; in a republic they assemble and admin- Now I see in the morning paper that all.’’ ister it by their representatives and agents. the next thing these misguided atheists That is too much power. A democracy consequently will be confined Specifically, the court in this case to a small spot. A republic may be extended are wanting to do is to challenge the over a large region. words ‘‘In God we trust.’’ has held that the words ‘‘under God’’ To this accidental source of the error may I was a Member of the House of Rep- are unconstitutional because they sup- be added the artifice of some celebrated au- resentatives on that same date, coinci- port the existence of God but deny thors, whose writings have had a great share dentally, June 7, 1 year later, 1955, ‘‘atheistic concepts.’’ Unbelievably, the in forming the modern standard of political when the House voted to add the words Court has held that this runs counter opinions. Being subjects either of an abso- ‘‘In God we trust’’ to the Nation’s coins to the intent of the First Amendment lute, or limited monarchy, they have endeav- and currency. Every time you take out of the U.S. Constitution, because, ac- ored to heighten the advantages or palliate cording to this court, the Establish- the evils of those forms; by placing in com- a dollar bill—that is a pretty popular parison with them, the vices and defects of bill in my lifetime, a dollar bill; here it ment Clause of the First Amendment the republican, and by citing as specimens of is—on it we read the words ‘‘In God we prohibits the government from endors- the latter, the turbulent democracies of an- trust.’’ It is all there. It is on the coins. ing any particular religion, including a cient Greece, and modern Italy. Under the I was a Member of the House of Rep- belief in one God—which the court confusion of names, it has been an easy task resentatives when Congress voted to calls ‘‘monotheism’’—at the expense of to transfer to a republic, observations appli- make that the motto, and here it is, in- atheism. cable to a democracy only, and among oth- scribed, which is said in marble, ‘‘In Take a look at this Bible, which I ers, the observation that it can never be es- God we trust,’’ right here over this hold in my hand. Here it is, the Holy tablished but among a small number of people, living within a small compass of terri- door to the Chamber. Bible. It is the King James version— tory. Over to my left are those words, King James of England. Here is what it Such a fallacy may have been the less per- ‘‘Novus Ordo Seclorum,’’ a new order of says in Psalm No. 127: ceived as most of the governments of antiq- the ages. Except the Lord build the House, they uity were of the democratic species; and even ‘‘E Pluribus Unum,’’ all in one, one labour in vain that build it: except the Lord in modern Europe, to which we owe the great in all. keep the city, the watchman waketh but in principle of representation, no example is Over here, ‘‘Annuit coeptis,’’ God has vain. seen of a government wholly popular, and favored our undertakings. Those are the words written long be- founded at the same time wholly on that Here are these inscriptions. Bring in fore the U.S. Constitution was writ- principle. If Europe has the merit of discov- ering this great mechanical power in govern- your stone masons and take these off ten—written by wise men in many in- ment, by the simple agency of which, the the walls. That is what these per- stances, Solomon, Son of David—long will of the largest political body may be nicious atheists are saying. They want before the Constitution was written, concentred, and its force directed to any ob- everything to suit themselves. long before the court system was estab- ject, which the public good requires; Amer- God have mercy on them. But if they lished in these United States. Those ica can claim the merit of making the dis- have their way, we will have to have are the words: covery the basis of unmixed and extensive stonemasons come into this Chamber Except the Lord build the House, they republics. It is only to be lamented, that any and chisel off these words. labour in vain that build it. of her citizens should wish to deprive her of the additional merit of displaying its full ef- They are not going to have their way. Hear me, Judges! ficacy on the establishment of the com- The people of these United States are In reading the court’s decision, I was prehensive system now under her consider- not going to stand for this. And the astonished by the tortured reasoning of ation. courts had better take notice and kind the majority as opposed to the lucid As the natural limit of a democracy is that of draw back a little bit. After all, if opinion recorded by Judge Fernandez, distance from the central point, which will the American people do not believe in the lone dissenter. In responding to the just permit the most remote citizens to as- it and if they do not support it, that arguments of the majority, Judge semble as often as their public functions de- court decision is not going to be mand; and will include no greater number Fernandez did not see fit to hold that than can join in those functions; so the nat- obeyed. the phrase ‘‘under God’’ violates the ural limit of a republic is that distance from The courts, starting with the Su- Constitution of the United States. the center, which will barely allow the rep- preme Court, need to take a new look How silly, how lucidly silly. resentatives of the people to meet as often as at this first amendment. If anything If the schoolchildren of America were may be necessary for the administration of will ever result in amending the first to be required to commemorate to public affairs. amendment, then continue to go down memory, as they used to be required to * * * * * this road, I say to the courts. They commit many things to memory, the f ought to draw back just a little bit dis- Declaration of Independence, would tant from going down the road they are that ninth circuit judge render such an THE PLEDGE OF ALLEGIANCE presently on. absurd decision concerning the con- Mr. BYRD. Mr. President, we all I am proud to inform my colleagues stitutionality of the Declaration of know that on Wednesday, in a 2-to-1 that I was in the House when Joint Independence? decision, a three-judge panel of the Resolution 243, which was entitled ‘‘A Let’s just select three or four phrases Ninth Circuit Court of Appeals held Joint Resolution to codify and empha- from the Declaration of Independence. that the United States Pledge of Alle- size existing rules and customs per- The Declaration refers to ‘‘Nature’s giance was unconstitutional. The court taining to the display and use of the God.’’ The Declaration also refers to held that the pledge was unconstitu- flag of the United States of America’’ ‘‘the Supreme Judge of the world,’’ tional because in 1954 the Congress had was enacted. That resolution was ap- meaning God. The Declaration refers to the audacity—imagine that—to include proved by the House on June 7, 1954— ‘‘a firm reliance on the protection of a reference to God in its provisions. almost half century ago. divine Providence.’’ This is the Dec- Some say these are just mechanical, The plaintiff in the case that was laration of Independence. It was not ceremonial provisions. Get out of my just decided is a self-described atheist. written by Congress in 1954, as the face. That may be what some people His daughter attends elementary words ‘‘under God’’ were inserted into think, but the majority of people in school in California. The public schools the pledge. This Constitution was not this country I don’t believe are think- there, as elsewhere, begin each school written then. This Declaration of Inde- ing in terms of ceremonial language. day with the Pledge of Allegiance to pendence was not written then. And I was a Member of the U.S. House of the Flag. If this court’s outlandish and who wrote it? In the main, it was writ- Representatives at that time. I am the ill-conceived decision is allowed to ten by Thomas Jefferson, along with only Member of Congress today in ei- stand, it will mean that children in John Adams, Benjamin Franklin, Phil- ther body who can say that I was a public schools in at least nine states ip Livingston, and one other. But there Member of the House of Representa- will no longer be allowed to recite the are at least four or five references to tives on June 7, 1954, when the words pledge of allegiance by referring to ‘‘Providence,’’ to ‘‘the Divinity,’’ to

VerDate May 23 2002 04:45 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\A28JN6.007 pfrm17 PsN: S28PT1 B074 Case:June 09-2473 28, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 121 Date— SENATE Filed: 05/05/2010 Entry ID:S6307 5443428 ‘‘God,’’ to ‘‘the Supreme Judge of the ‘‘areligious’’ or ‘‘neutral’’ about reli- emphasize this—expected that the world’’ in the Declaration of Independ- gion. Some of these critics even claim schools would teach religion and mo- ence. the Founding Fathers were rality. Now, would the same judge render antireligious, that they were bent on Against this backdrop, the First such a misguided, absurd decision con- establishing a completely secular state Amendment is especially enlightening. cerning the Declaration of Independ- in which God has no place. These indi- James Madison, the principal sponsor ence? viduals assert that America’s funda- of the Bill of Rights and later himself Let’s see who signed that Declaration mental origins are basically devoid of President, was a lifelong Episcopalian of Independence. John Hancock—there religious meaning, and that this was who had studied theology at Princeton are several signers. I will just select a the intent of the Founding Fathers. with apparent plans to enter the min- few: John Hancock; George Wythe; Well, nothing could be further from istry. However, on his return to Vir- Richard Henry Lee; Thomas Jefferson; the truth. ginia after college, he changed his Benjamin Harrison, who later would If we read the Federalist essays, if we mind and went into politics primarily become President; Robert Morris, the read other documents, we know that because he was deeply disturbed by the financier of the American Revolution; the intent of the Framers was to keep persecution of Baptists and other non- Benjamin Rush; Benjamin Franklin; the new government from endorsing or conformists in the Old Dominion. He George Clymer; James Wilson of Penn- favoring one religion over another. It therefore entered politics to become an sylvania; Samuel Adams; John Adams; was never meant to prohibit any vol- ardent advocate of religious tolerance. Elbridge Gerry and Roger Sherman. untary expression of religious faith. I Madison declared that, ‘‘the religion What would they think? What would believe that this court’s decision is of every man must be left to the con- these signers of the Declaration think? wrongheaded, destructive, and com- viction and conscience of every man.’’ What would the signers of the Con- pletely contrary to the intent of the Thus, in consultation with John Le- stitution say if they could speak Founders of this great Nation. Instead land, the leading Baptist clergyman in today? What would they say about this of ensuring freedom of religion in a na- Virginia, Madison hammered out the pernicious decision we have just read tion founded in part to guarantee that church/state principles that were even- about? basic liberty, a literal suffocation of tually embodied in the first amend- What would Roger Sherman think? that freedom has been the result. The ment. What would William Livingston think? rights of those who do not believe in a As a result, the institutions of I am wondering, if they could speak Supreme being are being zealously Church and State were officially sepa- today, what would they think? What guarded, to the denigration, I repeat, rated, but the exercise of religion and would Benjamin Franklin say? What the denigration, of the rights of the its influence on society were encour- would Robert Morris think, George millions of people in this country who aged—not discouraged. One of the most perceptive observers Clymer? These are also signers of the do believe. of the early American scene was the Constitution. What would James Wil- The American doctrine of separation celebrated Alexis de Tocqueville. De son think? How about George Read? of church and state forbids the estab- Tocqueville, in summarizing the condi- How about John Dickinson, what would lishment of any particular religion by tion of religion in the United States in he say—John Dickinson of Delaware, the state, but it does not forbid the in- the 1830s, wrote: who signed this Constitution? fluence of religious values in the life of What would George Washington our Nation. Religious faith has always On my arrival in the United States the religious aspect of the country was the first think? He presided over the Constitu- been a basic tenet of American life. thing that struck my attention . . . In tional Convention. What would he say? This is evident throughout the history France I had almost always seen the spirit of What would John Rutledge say? What of America. religion and the spirit of freedom marching would Charles Cotesworth Pinckney The history of the first amendment in opposite directions. say? What would Charles Pinckney in particular is one of the great leg- That is what this court would have say? What would Pierce Butler say? If acies of faith bequeathed by the Found- us do in this country. But, continued they could speak to this—I will use a ing Fathers, but it is one that is little de Tocqueville: word that is pretty widely used—god- understood and sometimes distorted— But in America, I found they were inti- awful decision, what would they say? as it was in the recent court decision. mately united and that they reigned in com- Well, Judge Fernandez said we should In 1791, Congress passed the first 10 mon over the same country . . . Religion . . . recognize ‘‘that the religious clauses in amendments to the Constitution. We must be regarded as the foremost of the po- the Constitution were not designed to refer to these 10 amendments as the litical institutions of the country— drive religious expression out of public Bill of Rights. The very first amend- Meaning this country— thought; they were simply written to ment recognized the importance of re- for if it does not impart a taste for freedom— avoid discrimination.’’ ligion in American life, stating that, We hear the word ‘‘freedom’’ kicked Judge Fernandez acknowledged fur- Congress shall make no law respecting around everywhere today—— ther, that, ‘‘we can run through the lit- an establishment of religion, or prohibit facilitates the use of free institutions. any of tests and concepts which have iting the free exercise thereof, which De Tocqueville grasped what millions floated to the surface from time to the second phrase is just as important of Americans have known, past and time.’’ But, he said, ‘‘when all is said and has equal weight with the pre- present. God has been and continues to and done, the danger that the words ceding clause. The purpose of this tenet be an intimate and profound partici- ‘under God’ in our Pledge of Allegiance was to allow religious faith to flourish, pant in the ongoing history of these will tend to bring about a theocracy or not to suppress it, not to hobble it. United States. Keep that in mind. God suppress somebody’s beliefs is so min- In fact, even earlier—before the pas- has been and continues to be an inti- uscule as to be de minimis.’’ He con- sage of the First Amendment—Con- mate and profound participant in the cluded his dissent by finding that there gress had clarified its attitude toward ongoing history of America. is nothing unconstitutional about the religion when, on August 7, 1789, it offi- Remember the Scriptures: ‘‘Except Pledge of Allegiance, because any dan- cially reenacted the Northwest Ordi- the Lord build the house, they labor in ger presented to first amendment free- nance of 1787, which included an ex- vain that build it.’’ The American peo- doms by the phrase ‘one nation under plicit endorsement of religion. Article ple believe that. God’ is, in his words, ‘‘picayune.’’ III of the Northwest Ordinance of 1787 Through the decades, most Ameri- Well, to that, I would say, ‘‘Amen.’’ stated, ‘‘Religion, morality, and knowl- cans have come to discover the truth of Mr. President, over my many years edge being necessary to good govern- de Tocqueville’s conclusion when he as- in office, I have known other critics, ment and the happiness of mankind, serted that, ‘‘Unbelief is an accident.’’ like the majority of this court, who schools and the means of learning shall Hear that, ye atheists: ‘‘Unbelief is an have attacked the words ‘‘under God’’ forever be encouraged.’’ accident, and faith is the only perma- as they exist in the Pledge of Alle- At that juncture, most schools were nent state of mankind.’’ giance. They have implied that the church enterprises. Congress recog- In the context of this heritage, then, Founding Fathers were essentially nized this, and expected—and I want to it is not surprising that the United

VerDate May 23 2002 04:45 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G28JN6.027 pfrm17 PsN: S28PT1 B075 Case:S6308 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 122 Date— SENATE Filed: 05/05/2010 EntryJune ID:28, 5443428 2002 States—a nation that evolved out of However, nowhere, perhaps, did Jef- Him as the Supreme Disposer of all the American Revolution—should be, ferson’s religious faith have a greater events and the arbiter of the fate of na- at root, a religious nation, from the be- influence than in the words of the Dec- tions.’’ ginning, from the Mayflower Compact, laration of Independence. At one point, These religious expressions were not which in at least four instances refers Jefferson wrote, ‘‘Religion is the alpha just pretense, they were not just cere- to God. and omega of our moral law.’’ He also monial verbiage. Heavens no. Prayer Indeed, most of the men who have pledged that he had ‘‘sworn upon the and worship were held in high regard been President of the United States altar of God eternal hostility against by the remarkable men who led the have been men of exceptional faith. every form of tyranny over the mind of American Revolution, and the Chap- Two Presidents other than James man.’’ In the Declaration, which he laincy of today’s Senate is derived di- Madison John Adams and Benjamin wrote, Jefferson made it clear that re- rectly from the guidance provided by Harrison had considered entering the ligion is not only the root of our moral those great men. During the rocky ses- ministry. James Garfield was a lay law but of our political rights. The sions of the Constitutional Convention preacher in the Disciples church. And Declaration of Independence contains of 1787, the various representatives of Theodore Roosevelt, Benjamin Har- five synonyms for the word ‘‘God,’’ and the several States were locked in heat- rison, William McKinley, and James maintains that freedom itself is a gift ed disagreement over petty preroga- Earl Carter were all Sunday School from God as an element of man’s being. tives with little concern, apparently at teachers at various points during their As, hopefully, we all recall, the Dec- that moment, for the national well- lives. laration of Independence states, with being. The weather had been very hot— Of all of the Presidents, Abraham respect to God: probably as humid as it gets here in Lincoln was among the most theo- Washington at times—and the dele- logically astute and Biblically influ- We hold these truths to be self-evident, gates to the Convention were tired and enced. Paradoxically, he never for- that all men are created equal, that they are endowed by their Creator with certain in- they were edgy. The debates were sty- mally joined any particular church. alienable Rights, that among these are Life, mied and a melancholy cloud seemed Nonetheless, he said the Bible—this is Liberty, and the pursuit of Happiness. . . . to hang over the Convention. what Lincoln was talking about, the We, therefore, the Representatives of the Suddenly, old Dr. Franklin stood to Holy Bible—was ‘‘the greatest gift God United States of America, in General Con- his feet and faced the chair in which has given to man.’’ Hear me, Judge gress, Assembled, appealing to the Supreme sat GEN George Washington. His fa- Goodwin of the Ninth Circuit. This is Judge of the world for the rectitude of our mous double-spectacles were low on his Lincoln speaking, not Robert C. Byrd. intentions. . . . nose, and he broke the silence when he Lincoln said the Bible was ‘‘the great- And for the support of this Declaration, with a firm reliance on the protection of di- addressed George Washington. Frank- est gift God has given to man.’’ And he vine Providence, we mutually pledge to each lin reminded the Convention how, at was an avid reader of the Bible. He other our Lives, our Fortunes, and our sa- the beginning of the war with England, kept a battered old family Bible with cred Honor. . . . the Continental Congress had prayed him in the White House, and his These are various and sundry ex- speeches were laced with Biblical for Divine protection in that very cerpts from the Declaration of Inde- room. ‘‘Our prayers, sir, were heard,’’ quotations. Reporters of his day stated pendence. that his delivery reflected the cadences he declared. ‘‘They were graciously an- Based on this foundation established swered. . . .’’ He then asked, ‘‘And have and rhythms of the King James by Jefferson and the other Founding Version of the English Bible. The first we now forgotten that powerful Fathers, archaeologists in future mil- Friend? Or do we imagine that we no Bible was the Coverdale Bible, written lennia will have little difficulty read- in 1535, the same year Thomas Moore longer need His assistance?’’ ing the evidence of the religious faith He continued on saying: was executed. and traditions that have been part and But Lincoln was not alone among the I have lived, sir, a long time, and the parcel of American history. Every nook Presidents who bore public witness to longer I live, the more convincing proofs I and cranny of this Capitol—and I see of this truth—that God governs in the af- their personal faith. Every President, might add, of this Capital City—pro- fairs of men. And if a sparrow cannot fall to from George Washington through the ground without His notice, is it probable George W. Bush, has included some ref- vides such evidence. In fact, wherever one may go in this great national city, that an empire can rise without his aid? erence to God in his inaugural address. We have been assured, sir, in the sacred I have gone through all the inaugural he or she is constantly reminded of the writings, that ‘‘except the Lord build the addresses. I think there might have strong spiritual awareness of our fore- house, they labor in vain that build it.’’ been one President who was pretty fathers who wrote the Constitution, He selected the same portion of weak in his references to the Supreme who built the schools, who built the Scripture that I picked today, didn’t Judge of the world. But in most cases churches, who hewed the forests, who he? This is Benjamin Franklin talking. they didn’t have any hesitancy about dredged the rivers and harbors, and He went on to say: referring to providence, to God. who created this Republic. I firmly believe this: and I also believe that In his First Inaugural address, Wash- Here in the Senate, for example, the without His concurring aid we shall succeed ington declared, ‘‘No people can be services of an ordained clergyman have in this political building no better than the bound to acknowledge and adore the been employed since 1789. The Senate builders of Babel. . . . Invisible Hand which conducts the af- Chaplain is the embodiment of a cor- Well, today, we follow the Senate fairs of men more than those of the porate faith in God and the symbol of tradition of morning prayer. The Chap- United States. Every step by which the eternal judgment that we Senators lain was among the first officers elect- they have advanced to the character of recognize exists over our legislative ed in the Senate upon adoption of the an independent nation seems to have and personal actions. Moreover, the in- Constitution. In my volumes, ‘‘The been distinguished by some token of stitution of the Senate Chaplaincy is Senate 1789–1989,’’ Senators will find a providential agency.’’ George Wash- itself the result of a historical process chapter on the Senate Chaplain. I hope ington also instituted another custom that reveals much about the long de- they will read it again. To this very that has been followed by every Presi- velopment of American values. day, the first daily order of the busi- dent since, by proclaiming a national For example, the first prayers offered ness in the Senate is a prayer for Di- day of Thanksgiving in late November in Congress were uttered on September vine Guidance by the Chaplain. of 1789. 7, 1774. At the initial meeting of the This, of course, was not perceived by Jefferson, specifically included in his First Continental Congress, Samuel the Framers as an attack on the first plans for the University of Virginia the Adams requested that the convention amendment requiring separation be- proposal that ‘‘proof of the being of begin with prayer. As the Revolu- tween church and state, for the simple God, the Creator, Preserver, and Su- tionary War continued, the Conti- reason that no single church has any- preme Being of the Universe, and Au- nental Congress issued calls for peri- thing to do with it. thor of all morality, and the laws and odic national days of prayer and fast- It is not simply prayer in the Senate obligations these infer, will be the ing, asking the populace ‘‘to reverence that reaffirms the religious history of province of the Professor of ethics.’’ the Providence of God, and look up to the American people. Let us speak

VerDate May 23 2002 04:45 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G28JN6.030 pfrm17 PsN: S28PT1 B076 Case:June 09-2473 28, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 123 Date— SENATE Filed: 05/05/2010 Entry ID:S6309 5443428 briefly of some of the other reminders That this Nation under God, shall have a ments, historic edifices, and patriotic in Washington that reaffirm the propo- new birth of freedom. . . . events for fear of possibly offending sition that our country is founded on Hear that, judges of the Ninth Cir- what is a nonbelieving minority? religious principles. cuit. Hear that, Judge Goodwin of the Must we do so when even the possi- On the Washington Monument, one Ninth Circuit. I have a great judge in bility of offending such a minority is, may read three Biblical quotations on West Virginia named Goodwin. He is a in the words of Judge Fernandez, pica- the 24th landing. One was donated by Federal judge. He is Judge Goodwin. yune? the Sunday school children of the But I daresay he would not have ren- What will the court crier say—‘‘God Methodist Church of Philadelphia who dered that kind of a foolish decision. save this honorable court’’? He will contributed a stone bearing an inscrip- Here are the words that are cut into have to stop there, will he not? He will tion from the Book of Proverbs which the wall by the side of Lincoln: have to say something else. Would he states: That this Nation under God, shall have a say, ‘‘President Bush save this honor- Train up a child in the way he should go, new birth of freedom, and that government able court?’’ Would he say, ‘‘President and when he is old, he will not depart from of the people, by the people, and for the peo- Clinton, save this honorable court?’’ it. ple shall not perish from the earth. One can see how silly such a decision Another inscription on the Wash- In his second inaugural address, this was and how foolish it is to pursue that ington Monument, which was contrib- great President—a Republican, by the line in this country with all of its his- uted by the Methodist Church of New way. See, I do not hold that against tory. York, is also taken from Proverbs and him—in his great second inaugural ad- Obviously, in establishing and main- reads: dress, great President Lincoln made taining a secular government, the The memory of the just is blessed. use of the words ‘‘God,’’ ‘‘Bible,’’ American people never intended to fos- That comes from chapter 22 of Prov- ‘‘prayer,’’ ‘‘providence,’’ ‘‘Almighty,’’ ter an atheistic or a faithless society. erbs, verse 6. and ‘‘divine attributes,’’ and then his In this light, in closing, I recite per- And the third stone bears these words address continues: haps more sincerely than ever the of Christ from the Book of Luke: As was said 3,000 years ago so it still must prayer that climaxes one of our great- Suffer the little children to come unto me, be said, [that] ‘‘the judgements of the Lord est national hymns: and forbid them not, for of such is the king- are true and righteous altogether.’’ dom of heaven. Our fathers’ God to Thee, That was Abraham Lincoln. Near the Washington Monument, of Author of liberty, With malice toward none, with char- To Thee we sing; course, is the Lincoln Memorial. This Long may our land be bright massive shrine pays homage to the ity for all, with firmness in the right as God— With freedom’s holy light; greatness of this simple and heroic Protect us by Thy might, man whose very life was offered on the This is Lincoln talking, Abraham Great God our King. Lincoln talking— altar of liberty. We know of his knowl- f edge of the Bible and his gentleness, With malice toward none, with charity for his power, his determination, and we all, with firmness in the right as God gives INDEPENDENCE DAY know that determination of Lincoln us to see the right, let us strive on to finish Mr. BYRD. Mr. President, the Nation came to us clearly through his features the work we are in, to bind up the Nation’s will honor its birthday on the forth- wounds, to care for him who shall have borne chiseled in granite by the sculptor. coming July 4. That was the day on We can almost hear Lincoln speak the brunt of the battle and for his widow and his orphan—to do all which may achieve and which, in 1826, both Thomas Jefferson the words which are cut into the wall cherish a just and lasting peace among our- and John Adams died. They both died by his side. Mr. President, we need to selves and all nations. on the same day, 50 years exactly from get some stonemasons to go down to Before leaving Washington, a visitor the date on which Thomas Jefferson the Lincoln Memorial. If this judge might make a final stop at the Na- wrote that Declaration of Independence with his pernicious ruling and if the tional Cemetery in Arlington, VA. Here and the Congress approved it. What a atheists are successful in having these coincidence. God works in miraculous words stricken from this Chamber—‘‘In are the peaceful ranks of crosses, stars of David, other religious symbols re- ways, his wonders to perform, does not God We Trust’’—and from the Nation’s he? currency, we will have to have a lot of minding us that our Government has As I look forward to that Fourth of new dollar bills printed and a lot of given its fallen men back to the God July, I know the Senate will not be in new coins. We have to strike those who gave them life. The Tomb of the session. But before we depart, I want to words ‘‘In God We Trust’’ now from the Unknown Soldier stands for all those talk about the event that Senators and bills if these pernicious suits by athe- who have fallen in battle who could not ists are upheld by some misguided be identified—members of all sects, Members of the other body will be cele- judges, like the one who rendered this faiths, and religions. And here, once brating next week back in their home decision. We had better hire some more, we find the acknowledgment of States and districts: Independence Day. stonemasons. That might be a pretty God’s divine power in the eloquent As I think of Independence Day, I good job, come to think of it. Maybe I words: think of Henry Van Dyke’s poem, should just retire at the end of this Here lies in honored glory, an American ‘‘America For Me.’’ term—I would be about 89 then—and soldier known but to God. ’Tis fine to see the Old World, and travel up then I can perhaps get myself a job as Can you imagine, we may have to and down a stonemason. I could go down here to someday get stonemasons to go over Among the famous palaces and cities of re- nown, the Lincoln Monument—I would not do there and take hammers and chisels To admire the crumbly castles and the stat- it—at least I could think in terms of and take those words off that monu- ues of the kings,— being a stonemason and take these ment. But now I think I’ve had enough of anti- words off that Lincoln Memorial. Thus, the connection between God quated things. Listen to what Lincoln says, accord- and the United States of America is So it’s home again, and home again, America ing to the inscription on the Lincoln long established in the minds of most for me! Memorial. Can you just witness those Americans. If we begin now to erase My heart is turning home again, and there I stonemasons going down there and the connection between God and long to be, chipping with chisel and hammer, chip- schoolchildren under the pretense of In the land of youth and freedom beyond the ping out these words? Listen, these are protecting the so-called constitutional ocean bars, words that are cut into the wall by the Where the air is full of sunlight and the flag rights of nonbelievers or atheists, as is full of stars. side of Lincoln on the Lincoln Memo- the Ninth Circuit did, will it not be rial: Oh, London is a man’s town, there’s power in necessary to go a little further, or per- the air; That this Nation under God— haps a great deal further, in the fu- And Paris is a woman’s town, with flowers in Praise God, hallelujah, there they ture? her hair; are. That is Lincoln, that is what he Will we next be forced to remove the And it’s sweet to dream in Venice, and it’s said. name of God from all official docu- great to study in Rome;

VerDate May 23 2002 05:32 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G28JN6.033 pfrm17 PsN: S28PT1 B077 Case:S6310 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 124 Date— SENATE Filed: 05/05/2010 EntryJune ID:28, 5443428 2002 But when it comes to living there is no place Memorial Day and Veterans Day play that they are endowed by their Creator like home. upon our heartstrings like the melan- with certain inalienable rights; that I like the German fir-woods, in green battal- choly sigh of a violin, calling up vi- among these, are life, liberty, and the ions drilled; sions of heroism and sacrifice, of the pursuit of happiness.’’ After that, I like the gardens of Versailles with flashing tears and loss and suffering that are sadly, Americans’ knowledge of the fountains filled; sadly necessary parts of defending our substance of the Declaration drops off But, oh, to take your hand, my dear, and sharply. I hope that perhaps some par- ramble for a day; nation, our people, and our freedom. In the friendly western woodland where na- Columbus Day sounds a bright note of ents will read the Declaration of Inde- ture has her way! discovery and optimism, the shining pendence to their children this July I know that Europe’s wonderful, yet some- promise of new worlds. Flag Day fore- fourth. Or some children will read the thing seems to lack: shadows the patriotism of Independ- Declaration of Independence to their The Past is too much with her, and the peo- ence Day, but no other holiday brings parent, on this 4th. The litany of ple looking back. out such affection and pride in our na- wrongs inflicted upon the colonists by But the glory of the Present it is to make tion and the ideals upon which it is the British crown, designed to incite the Future free,— based. It is as if the July sun heats the rebellion, still retains the power to in- We love our land for what she is and what deep strong current that flows through flame our passions. The actual declara- she is to be. this nation and brings it to the surface, tion that follows, in the last paragraph Oh, it’s home again, and home again, Amer- each year as strong and fresh as ever, of the document, is by contrast, firm ica for me! as powerful as it was in 1776. and solemn, a straightforward and al- I want a ship that’s westward bound to July 4, 1776 was probably much like plough the rolling sea, most lawyerly assertion of separation To the blessed Land of Room Enough beyond July 4, 2002 will be: hot, sunny, sticky from the Crown. the ocean bars, with humidity in the South and East, At the signing of the Declaration, Where the air is full of sunlight and the flag dry in the West, but in 1776, the air which occurred on August 2, 1776, John is full of stars. would have been thick with tension. Hancock was reported to have urged I will think of America in the con- The colonies’ ties with England were unanimity, saying ‘‘There must be no text of Henry Van Dyke’s beautiful tearing apart. The previous year, on pulling different ways. We must hang poem, ‘‘America For Me.’’ I am not re- July 6, 1775, the Congress had issued a together.’’ To which Benjamin Frank- ferring to the movie of several years ‘‘Declaration of the Causes and Neces- lin, with his usual wit, is said to have ago. No one will be battling any alien sity of Taking Up Arms,’’ which de- retorted, ‘‘Yes, we must indeed all invasions. Rather, we will participate tailed American grievances while ex- hang together, or most assuredly we in that most American of all holidays, plicitly denying any intention of sepa- shall all hang separately.’’ Gallows all birthdays certainly, celebrating the rating from Great Britain. King George humor aside, Franklin’s words were founding of this Nation on July 4, 1776. responded by proclaiming a state of re- true. Failure on the part of the sig- That was 226 years ago. bellion in the colonies, and Parliament natories to make the Declaration of Our Nation’s birthday party is a time passed an act that cut off colonial Independence a reality would, for these for picnics, ice cream, parades, and trade. men, mean losing not just a war, but fireworks. It is a time for family and Since January of 1776, everyone had their homes, their possessions, and, in friends to gather under the shade of the been reading and talking about the all likelihood, their lives. These men biggest and the oldest tree around, then-anonymous pamphlet, ‘‘Common were committing treason. Think about camped out in lawn chairs and on blan- Sense,’’ that so eloquently argued for that. These men were committing trea- kets with sweating glasses of cold independence. Rebel forces were fight- son. They were putting their lives, drinks in hand, watching, laughing, as ing, and winning, battles against Brit- their honor, their sacred honor, on the children run through the lawn sprin- ish forces at Lexington, Concord, Fort altar. klers—ha, ha. What a joy that was, to Ticonderoga, Breed’s Hill, and around They were putting everything they run through those lawn sprinklers. Boston. A lot of things going on around had on the line. The final words of the These pages have enjoyed those things. Boston. Unable to conscript sufficient Declaration could not have been light- We did not have lawn sprinklers when forces, King George had resorted to hir- ly written: ‘‘And, for the support of I was a boy, but I knew the joy of the ing mercenary soldiers from Germany this declaration, with a firm reliance summer rain. the ‘‘Hessians.’’ In May, King Louis on the protection of Divine Providence, So while these children are running XVI of France secretly authorized arms we mutually pledge to each other our through the lawn and enjoying the and munitions shipments to the Ameri- lives, our fortunes, and our sacred lawn sprinklers, our minds will shift to cans. In June 1776 the Continental Con- honor.’’ In the months ahead, Amer- hotdogs. When the evening shadows gress appointed a committee to com- ican defeats at the battles of Long Is- gather and the fireflies begin their dis- pose a declaration of independence. land, White Plains, and Fort Lee may play, it is time to pull out the spar- On June 28, 1776, American forces in have made a few signers wish that they klers and watch the fireworks. Small Charleston, South Carolina, fought off had not been swayed by Hancock’s children then, like my granddaughters, a British attack, but on July 2, British plea. Indeed, by September of 1777, the like my great granddaughter, will nes- General Sir William Howe landed an British under Howe had driven Wash- tle against parents or grandparents or army that would reach 32,000 troops, ington’s army toward Philadelphia, great grandparents. They are made including 9,000 Hessian mercenaries, at forcing Congress to flee the city. On timid by the loud booms and shrill Staten Island, New York. The same September 26, 1777, Howe’s forces occu- shrieks of the big rockets, but their day, Congress voted for independence. pied the city where the Declaration of shyness is soon forgotten as the enor- Two days later in Philadelphia, on the Independence was signed. mous chrysanthemum bursts of red, evening of July 4, the Declaration of The Revolutionary War continued for gold, green, and blue burst forth Independence was adopted when John six more difficult years, until a pre- against the dark sky. Hancock, president of the Congress, liminary peace treaty was signed in I can see it from McLean. I can look signed the final draft copy. Paris. Congress would not declare a toward Washington and see these enor- Composed primarily by one man, formal end to the war until April 11, mous chrysanthemums of fireworks, Thomas Jefferson, with changes made 1783. The Treaty of Paris formally end- these bursts of gold, red, yellow, and by after debate among the Congress, ing the war was signed on September 3, blue as they burst against the dark parts of the Declaration of Independ- 1783 and ratified by Congress in Janu- sky. Only when the show is over do ence are well known to many Ameri- ary 1784. small heads and sticky hands hang cans. Many people can recite the open- Mr. President, I think it is good to limp against a parent’s shoulder for a ing words—‘‘When, in the course of remind ourselves of these things from long, sleepy walk back to the car and human events * * * ’’—and more can re- time to time. And remember those men then home. cite the first line of the second para- who were willing to sign their names Many holidays touch deep graph: ‘‘We hold these truths to be self- on the line, committing to the cause wellsprings of feeling in Americans. evident, that all men are created equal; their lives—their lives, their fortunes,

VerDate May 23 2002 04:45 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G28JN6.036 pfrm17 PsN: S28PT1 B078 Case:June 09-2473 28, 2002 Document: 00116058015CONGRESSIONAL Page: RECORD 125 Date— SENATE Filed: 05/05/2010 Entry ID:S6311 5443428 and their sacred honor. What would THE PLEDGE OF ALLEGIANCE phrases, such as ‘‘under God’’ and ‘‘God you have given for their lives had they DECISION Bless America,’’ as part of our civic vo- not won that war? They were putting Mr. THURMOND. Mr. President, I cabulary. their lives on the line. They were com- rise today to express my outrage at the The fact is that religion is central to mitting treason. What a chance they decision reached by the Ninth Circuit our culture and our patriotic identity took—for us. For us! Court of Appeals in Newdow v. U.S. as a nation. As the Supreme Court said in Lynch v. Donnelly, there is ‘‘an un- It is difficult today, accustomed as Congress, in which a three-judge panel held that schoolchildren’s recitation of broken history of official acknowledg- we are to automobiles, air condi- ment by all three branches of govern- tioning, electricity, mobile phones and the phrase ‘‘under God’’ in the Pledge of Allegiance violates the Establish- ment of the role of religion in Amer- instant communications, to imagine ican life.’’ ment Clause of the Constitution. This what those years of war must have I am pleased my colleagues have de- case is the result of yet another at- been like. Weeks might pass before you nounced this ruling. Throughout the tempt by the radical left to wipe away heard or read, by candlelight on a hot history of this great Nation, we have public references to God, and is an un- summer’s night, about a decisive battle invoked the blessings of God without conscionable act of judicial activism. I in a spot that might take you weeks to establishing religion. From prayers be- hope that the Ninth Circuit’s decision reach on horseback. Imagine life as a fore legislative assembly meetings and will ultimately be reversed on appeal, Revolutionary soldier: a wool uniform invocations before college football allowing reason and common sense to if you were lucky, and some French games to the national motto on our prevail. currency, our Constitution has allowed powder and ammunition hanging at Simply put, there is no support in references to God. your waist while you walk in the mid- the law for this ruling, even in the I would also like to say a few words dle of long, dust-covered column be- Ninth Circuit’s own jurisprudence. The about the Ninth Circuit. Several years tween battles, carrying your three- phrase ‘‘under God’’ in the Pledge of ago, it was suggested that the Ninth foot-long, very heavy musket over your Allegiance is very similar to the use of Circuit be broken up. I think that it is shoulder. I can see those boys from ‘‘In God We Trust’’ on currency and as time to reconsider that proposal. The Vermont, can’t you? In the hills of New the national motto, which has been re- Supreme Court reverses the Ninth Cir- Hampshire, Boston—can’t you see peatedly upheld by the courts. In cuit at a much higher rate than other them, plodding along from Lexington Aronow v. United States, the Ninth circuits, indicating the activist propen- on to Concord? Circuit Court of Appeals ruled that the sities of this circuit. Simply put, the phrase does not violate the Establish- In the winter you might have a tent Ninth Circuit is out of the mainstream, ment Clause of the Constitution. The to protect you from the winter, not and the decision in Newdow under- court said, ‘‘Its use is of a patriotic or nearly enough to eat. You might get scores that fact. It is unhealthy for our ceremonial character and bears no true paid only sporadically. Most of us democracy when one circuit routinely resemblance to a governmental spon- could not do that for a weekend, let refuses to follow the law. During the alone for six years. sorship of a religious exercise.’’ It also last six years, the Supreme Court has said that ‘‘it is quite obvious’’ that the reversed 80–90% of Ninth Circuit cases This Independence Day, America is phrase ‘‘has nothing whatsoever to do at the beginning of what promises to be reviewed. While the Supreme Court with the establishment of religion.’’ corrects the Ninth Circuit often, it another kind war—a war against ter- While the Ninth Circuit is the most cannot do so on every questionable rul- rorism. It, too, will be fought on our relevant here because of Wednesday’s ing, and this allows the establishment territory as well as at points far dis- ruling, other circuit courts have of dangerous precedents. tant from us. It will require the same reached the same conclusion. The kind of resolve and commitment, and I am particularly concerned about Tenth Circuit explained in Gaylor v. Wednesday’s ruling because one of the the same reliance on the protection of United States that the national motto Divine Providence, that our Founding judges who joined in the majority opin- ‘‘through historical usage and ubiquity ion was Judge Stephen Reinhardt, Fathers showed. But next week, as we cannot be reasonably understood to whose own confirmation process was celebrate 226 years spent enjoying the convey government approval of reli- marked by controversy in 1980. I served inalienable rights of life, liberty, and gious belief.’’ In cases such as Lynch v. as Ranking Member of the Judiciary the pursuit of happiness, of freedom Donnelly, the Supreme Court has indi- Committee at the time, and I expressed from tyranny, I am confident that cated its approval of these rulings. serious concern over Judge Reinhardt’s Americans will demonstrate the same Even Justice William Brennan, one of fitness to serve as a Federal judge. He fortitude and bravery that our Found- the most liberal Supreme Court jus- was extremely active in politics and ing Fathers displayed. Our ideals are tices of the modern era and one of the known for his very liberal views. Judge too deeply ingrained in us to be lightly most strident advocates for the separa- Reinhardt’s major area of practice was given up. tion of church and state, indicated his labor law, and there was a question as I close with the words from support for this view, saying that to whether he had sufficient experi- Longfellow’s poem, ‘‘The Building Of Americans have ‘‘simply interwoven ence. His record, in my view, called the Ship’’: the motto so deeply into the fabric of into question his ability to serve as an Thou, too, sail on, O Ship of State! our civil polity’’ as to eliminate con- impartial judge. During his tenure of Sail on, O Union, strong and great! stitutional problems. the Ninth Circuit, Judge Reinhardt has Humanity with all its fears, The same reasoning applies to the been reversed an alarming number of With all the hopes of future years, phrase ‘‘under God’’ in the Pledge of times. He was reversed 11 times during Is hanging breathless on thy fate! Allegiance. The use of this phrase sim- the 1996–97 term, and he holds the We know what Master laid thy keel, ply indicates the important role that record for unanimous reversals in one What Workmen wrought thy ribs of steel, religion plays in America, but it does Who made each mast, and sail, and rope, term. What anvils rang, what hammers beat, not establish a religion or endorse a re- I mention the matter of Judge In what a forge and what a heat ligious belief. Reinhardt’s controversial past only to Where shaped the anchors of thy hope! It is also significant that even when address his fitness as a Federal judge. Fear not each sudden sound and shock, the Supreme Court ruled in Engel v. This question is legitimate because cir- ’T is of the wave and not the rock; Vitale that organized prayer is uncon- cuit judges make important decisions ’T is but the flapping of the sail, stitutional in public schools, the Court that affect a lot of people. In the Ninth And not a rent made by the gale! made it clear that the case did not Circuit case, Judge Reinhardt helped In spite of rock and tempest’s roar, apply to patriotic slogans or ceremo- create law that is dangerous in its In spite of false lights on the shore, nial anthems that refer to God. While I Sail on, nor fear to breast the sea! precedent and unsound in its rea- Our hearts, our hopes, are all with thee, have always viewed this case as mis- soning. Our hearts, our hopes, our prayers, our tears, guided, and have for years introduced a Mr. President, once again I want to Our faith triumphant o’er our fears, constitutional amendment to reverse state unequivocally that the Ninth Cir- Are all with thee,—are all with thee! it, even this case supports the use of cuit made a poor decision in the Newdo

VerDate May 23 2002 04:45 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G28JN6.039 pfrm17 PsN: S28PT1 B079 Case:S6312 09-2473 Document: 00116058015CONGRESSIONAL Page: RECORD 126 Date— SENATE Filed: 05/05/2010 EntryJune ID:28, 5443428 2002 case. I hope that this decision will that are considered the major competi- After a while, the firms in these mar- alert all Americans to the dangerous tion or the price leader in that market. kets can develop patterns of behavior judicial activism that plagues the Second, the market strategy of the that are as non competitive as if an ac- Ninth Circuit. Furthermore, I hope major brands generally is to maintain tual agreement had been reached. that this case is reversed on appeal, so market share, and avoid costly price The problem, therefore, is how to de- that many more generations of school- wars which do not result in greater termine whether certain market activ- children will proudly learn the Pledge market shares, but often lead to lower ity is the natural result of the struc- of Allegiance. margins for all of the firms competing ture of the market and purely inde- f in the market. Thus, most of the major pendent decisionmaking, or is the re- brands establish their retail price sim- sult of some tacit agreement or under- HIGH FRUCTOSE CORN SYRUP ply by following the price movements standing or agreed-upon practices that ANTITRUST DECISION of one or more other brands. They do restrict competition. Mr. LEVIN. Mr. President, I wish to not attempt to undercut their rivals; Again, rarely will there be a ‘‘smok- bring to the Senate’s attention a re- rather they seek to maintain their rel- ing gun’’ document pointing out the cent decision of the U.S. Court of Ap- ative competitive position with respect existence of tacit collusion. The best peals for the Seventh Circuit, written to their rivals. way—and in reality the only way to de- by Judge Richard Posner, in the case of Another strategy supporting the rib- termine whether in fact such collusion In Re High Fructose Corn Syrup Anti- bon-like retail price pattern is the in- exists is to look at all of the evidence trust Litigation, found at 2002 U.S. fluence the refiners maintain over the regarding the marketplace and the be- App. LEXIS 11940. Judge Posner’s retail price. Major brand refiners usu- havior of the firms in the market. For unanimous opinion, joined by Circuit ally set the wholesale price paid by example, are the companies acting Judges William Bauer and Michael their dealers on the basis of surveys of independently? To what extent and Kanne, articulates in clear, cogent, and the retail prices of competitors; the re- how do they communicate with each unequivocal language the standard for finer then subtracts an amount consid- other? To what extent do they have the Federal courts in the Seventh Cir- ered to be an adequate margin for the agreements between themselves on cuit to follow in deciding whether cir- retailer, and charges the retailer for terms of sale, supply, storage, or trans- cumstantial evidence of price-fixing or the remainder. In this manner, the portation? To what extent do they tacit collusion should be presented to a dealers receive a fixed margin for their share information? To what extent do jury in antitrust cases. This is a much gasoline, and the benefits and costs of they pursue innovation independently? needed improvement in the state of the retail price changes accrue to the re- At the subcommittee’s hearings we law, and I hope that it will soon be fol- finer rather than the dealer. In reality, heard testimony from several attor- lowed in other circuits as well. therefore, a few refiners rather than neys general, knowledgeable in the Last month, the Permanent Sub- many individual dealers set the retail antitrust laws, including Attorney committee on Investigations, which I price of gasoline for the major brands. General Jennifer Granholm from my chair, completed a 10-month investiga- The resulting retail pricing pattern— home State of Michigan, that the tion into the reasons why gasoline the ribbon-like pattern—is exactly the standards used by the courts in recent prices fluctuate so dramatically and same pattern one would expect to see years have become unduly stringent for why retail gasoline prices seem to go in a market where there is some type plaintiffs seeking to present evidence up and down together at so many gas of collusion between the firms in the of tacit collusion to a jury in an anti- stations. The majority staff issued a market. In a collusive marketplace, trust case. Many courts have been re- comprehensive 400-page report explain- each firm has an agreed-upon market quiring plaintiffs in price-fixing cases ing our findings, and we then held 2 share, and the relative prices of the dif- to present evidence that it was more days of hearings on the report. ferent brands are fixed. likely than not that the conduct com- I will not summarize the entire re- By itself, parallel pricing does not in- plained of was the result of collusion port here, but I would urge anyone indicate collusion. Parallel pricing can before the evidence would be presented terested in how gasoline prices are set develop in a competitive market, as to the jury. In effect, this standard rel- to visit the subcommittee’s Web site, each firm strives independently to ob- egates to the judge on a motion for where the report can be downloaded. tain some advantage from a movement summary judgment the determination I would like to highlight, however, in price, only to be matched by its of the basic factual issues that are nor- several of the issues the subcommittee competitors who seek to deny that mally the province of a jury. Further- examined that are directly relevant to firm any such advantage. more, it essentially requires the plain- the Seventh Circuit’s decision. First, Hence, to establish that firms in a tiff to present evidence amounting to a the subcommittee found that in several market are colluding with one another, ‘‘smoking gun’’ demonstrating collu- of our domestic gasoline markets it is necessary to demonstrate more sion in order to survive a motion for where there is little competition a few than just the existence of parallel or summary judgment by the defendants. oil companies have sufficient market interdependent pricing. A plaintiff, or This standard thus prevents many power to raise the price of gasoline the government, as the case may be, cases that should be presented to a through their decisions on how much must establish either an explicit agree- jury from ever getting to the jury. gasoline to produce. ment on pricing, or present sufficient Judge Posner’s opinion in the High The subcommittee examined retail circumstantial evidence indicating a Fructose Corn Syrup case clarifies the prices in several geographic markets. tacit agreement on pricing. law of the Seventh Circuit that eco- The subcommittee found at various It is rare to find in the modern age, nomic evidence and other evidence in- times in these markets the prices of with many corporations well-schooled dicating firms in a market have an the major brands of gasoline followed a in the antitrust laws, and legions of agreement—either tacit or explicit— ‘‘ribbon-like’’ pattern. The prices of lawyers eager to educate those who are not to compete should be presented to these brands moved up and down to- not, to find an express agreement to fix a jury. The opinion clearly states that gether, usually by about the same prices or restrict supply. Moreover, in in a price-fixing case the question of amount each day, and they maintained markets most susceptible to price-fix- ‘‘whether, when the evidence was con- a constant difference in price with re- ing those with few firms, a high degree sidered as a whole, it was more likely spect to each other. of concentration, homogeneous prod- that the defendants had conspired to The documents reviewed by the sub- ucts, and high barriers to entry, such fix prices than that they had not con- committee indicate that the marketing as the gasoline market—express collu- spired to fix prices’’ should be pre- practices of the various gasoline whole- sion is totally unnecessary to carry out sented to a jury, and that the antitrust salers and retailers in the market con- the purposes of any such conspiracy. In laws do not establish a higher tribute to this pricing pattern. First, highly concentrated markets, the few threshhold for surviving motions for the major brands usually seek to main- firms can observe each other’s behav- summary judgment than other types of tain a constant price difference with ior, determine how they react to var- cases. The plaintiff need not present respect to one or more other brands ious strategies, and react accordingly. one single item that demonstrates an

VerDate May 23 2002 04:45 Jun 29, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\A28JN6.019 pfrm17 PsN: S28PT1 B080 Case:June 09-2473 28, 2002 Document:CONGRESSIONAL 00116058015 RECORDPage: 127— Extensions Date Filed: of Remarks 05/05/2010 Entry ID:E1187 5443428 its 11th Annual Scholarship Awards Dinner on Buck was inducted into the Baseball Hall of to serve as sex slaves.’’ Ironically, these new June 15, 2002 in Orion, Michigan. Fame’s broadcaster’s wing in 1987, received revelations of mass rapes come on the heels As southeastern Michigan is home to a the Pete Rozelle Award by the Pro Football of the release of 1991 Nobel Peace Prize re- thriving Hispanic community, we have the op- Hall of Fame in 1996, and received a lifetime cipient Aung San Suu Kyi. But we harbor no portunity to recognize the accomplishments achievement Emmy in 2000. He was a mem- illusions about the nature of this brutal military and contributions of a fabulous organization ber of both the Broadcasters and the Radio regime. dedicated toward ensuring the prosperity of Hall of Fame. Mr. Speaker, whether they take place in Hispanic communities throughout the nation. His sports-casting abilities were surpassed Burma, Bosnia, or Eastern Congo, rape as a Since its founding in 1973, The Labor Council only by his community involvement. He hap- weapon of war is a grave violation of the Ge- for Latin American Advancement, or LCLAA, pily gave his time to a variety of non-profit neva Conventions and a crime against human- has served as a loyal voice for over 1.5 million causes through the St. Louis area and was ity. I call on the State Department, United Na- Hispanic trade union members in the United campaign chairman of the Cystic Fibrosis tions, and my colleagues in the Congress to States and Puerto Rico currently representing Foundation. He was commended by the city of speak out strongly against the military regime 43 international unions in 45 national chapters. St. Louis for his service, and received the dis- that continues to sanction and condone these The LCLAA’s mission is to achieve social dig- tinguished University of Missouri’s Journalism rapes and other atrocities. nity, economic justice and higher living stand- Award for his outstanding achievements in f ards for every Hispanic worker. The LCLAA broadcasting and citizenship. fulfills this mission by assisting young His- Mr. Speaker, Jack Buck truly was an icon to PLEDGE OF ALLEGIANCE panics in school by establishing educational the people of St. Louis. It is fitting that we support services, organizing recreational ac- pass this resolution honoring this great man. I HON. TODD TIAHRT tivities and mentoring students. Every year the urge my colleagues to join me in support of OF KANSAS LCLAA offers disadvantaged Hispanic stu- this legislation. IN THE HOUSE OF REPRESENTATIVES dents the opportunity for educational advance- f Thursday, June 27, 2002 ment by awarding college scholarships. This year the LCLAA’s Oakland County, Michigan MASS RAPES OF WOMEN AND Mr. TIAHRT. Mr. Speaker, this morning I re- Chapter will give 17 students the opportunity GIRLS IN BURMA cited our Pledge of Allegiance with extra vigor, to receive a college degree by awarding tuition for our nation is under attack—not from terror- scholarships. As a result of generous dona- HON. CYNTHIA A. McKINNEY ists but extremists in our own country. Yester- tions and the undying commitment of the OF GEORGIA day the 9th Federal Appeals court in San LCLAA, these students will achieve a college IN THE HOUSE OF REPRESENTATIVES Francisco ruled that the Pledge is an unconstitutional endorsement of religion and cannot be education and enter fields like medicine, law, Thursday, June 27, 2002 education, business, and many others. recited in schools—CANNOT BE RECITED IN Our great state of Michigan is home to thou- Ms. MCKINNEY. Mr. Speaker, I stand today SCHOOLS. I am sure you share my outrage. sands of Hispanic Americans, patriotic citizens to call attention to the appalling campaign of There is a reason that our Marines in Iwo who give so much to our country every day. terror-through-rape recently uncovered in Jima risked their lives to display the stars and With help from the LCLAA, Hispanic commu- Burma. A report by the Shan Women’s Action stripes. Our flag stands for all that makes this nities throughout the country continue to pros- Network and Shan Human Rights Foundation nation great. From kindergarten on, our chil- per and celebrate their great achievements. reveals a truly horrific campaign of systematic dren are taught respect for our flag—a flag The spirit and enthusiasm of the LCLAA and rape carried out by the military against women that represents this wonderful and, yes, Godly the Hispanic community it represents is an in- and girls—some as young as five years old— nation. Our children are taught that the United valuable asset to our great state and our great in Burma’s Shan State. States represents liberty and justice for all. nation. While Burma’s record of repression is well Our Declaration of Independence, Constitution I urge my colleagues to join me in congratu- known, this new report shines a light on atroc- and even our currency state our country’s relating the Labor Council for Latin American ities previously hidden by the dark clouds of lationship to God. On September 11th, as Advancement’s Oakland County, Michigan dictatorship. The report, based on interviews soon as it was safe enough the first thing Chapter, the student scholarship recipients with girls and women refugees along the Thai- Members of Congress did was to gather on and the entire Hispanic American community land-Burma border, documents the rapes of the steps of this magnificent building and sing of Michigan on this wonderful day, and I salute 625 women and girls by Burmese military ‘‘God Bless America.’’ The judges in California them all for their years of tremendous con- forces against villagers in Burma’s Shan State. are clearly out of touch, not only with the prin- tributions and support. Given the alarming numbers in this limited ref- ciples upon which the Pledge is based but ugee population, it is likely that this is but the f also with the sentiment of the American peo- tip of the iceberg. While the exact scale of this ple. For the past 9 months Americans have HONORING THE LIFE OF JOHN atrocity is unknown, there can be no doubt proudly displayed their love for their nation, as FRANCIS ‘‘JACK’’ BUCK that Burma’s military leaders are using rape well as their faith in God. We realize now on a wide scale as a weapon of war against more than ever that our nation has a special SPEECH OF its own civilian population. charge and thus revere the Pledge more than HON. JERRY F. COSTELLO According to the report, an astounding 83% ever. I am proud of our flag, I am proud of our OF ILLINOIS of the documented rapes were committed by nation and I will proudly recite ‘‘one nation, IN THE HOUSE OF REPRESENTATIVES military officers from 52 different battalions, under God’’ for the rest of my life. usually in front of their own troops. 61% of the f Wednesday, June 26, 2002 cases were gang rapes, and many women Mr. COSTELLO. Mr. Speaker, I rise today to were raped inside military bases. Many were CHANGING THE CORPORATE pay tribute to a man who made a significant held captive and raped repeatedly for months CULTURE difference to many in the St. Louis region, Mr. on end. Many women recounted the terror of John Francis ‘‘Jack’’ Buck. being severely beaten, tortured, or mutilated. HON. DOUG BEREUTER Jack Buck was the voice of the Cardinals. In 25% of the documented cases the women OF NEBRASKA He started calling games in 1954, and was the were murdered after being raped. The report IN THE HOUSE OF REPRESENTATIVES voice that I, along with millions of others also notes how those murdered by the Bur- throughout the Midwest, identify as St. Louis mese military were left in public areas in order Thursday, June 27, 2002 Baseball. We grew up listening to him and are to intimidate and terrorize villagers and family Mr. BEREUTER. Mr. Speaker, this Member deeply saddened by his death. members. commends to his colleagues the following edi- In addition to calling Cardinals games for al- In this report, hundreds of courageous Bur- torial from the June 25, 2002, edition of the most 50 years, he also gained fame for his mese women and girls recount the terror of Lincoln Journal-Star entitled ‘‘Culture Change work on the CBS, NBC and ABC television their experiences. One young Burmese Is Needed in Corporate Crisis.’’ The editorial networks and as the voice of the NFL on the woman told of how she found her five year old suggests that changing America’s business CBS radio network. He called everything from sister ‘‘tied up and crying, with her sexual or- culture is the best long-term solution to the pro bowling to Super Bowls and the World Se- gans bloody . . .’’ Another recounted how she current crisis of business scandal after busi- ries. and other women of her village ‘‘were forced ness scandal. These scandals have caused a

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APPENDIX C

Religion in the Congressional Record (Circa 1954)

Case: 09-2473 Document: 00116058015 Page: 129 Date Filed: 05/05/2010 Entry ID: 5443428

APPENDIX C

RELIGION IN THE CONGRESSIONAL RECORD (Circa 1954)

Congressional Record "Religion" Entries by Year, 1949-1959

250

200

150

100 Number of Entries of Number

0 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 Year

This bar graph was created by counting the number of entries under the heading “Religion” (and associated terms) in each Index volume of the Congressional Record for the years 1949 through 1959. For the five years from 1949-1953, there was an average of 3.2 entries. For the five years from 1955-1959, the average shot up to 176.6 … a greater than fifty-fold increase!

These data clearly reveal the increased influence and involvement of religion in government (and of government in religion) that occurred contemporaneously with Congress spatchcocking “under God” into the Pledge of Allegiance. Two hundred sample titles of these entries follow, after which are provided ten pages of Congressional Record excerpts – mostly related to the Pledge. This evidence further demonstrates how bogus is the claim that it was “history” or “patriotism” underlying the Act of 1954. That Act was purely driven by the majority’s monotheistic religious belief.

C001 Case: 09-2473 Document: 00116058015 Page: 130 Date Filed: 05/05/2010 Entry ID: 5443428

SELECTED CONGRESSIONAL RECORD INDEX ENTRIES 1954-1960

(1) Transcript of Back to God Program1 (37) Our Prayers Could Change World37 (2) Celebration, 300 years of Protestantism2 (38) President Honored for Religious (3) Thank God for Freedom3 Aim38 (4) City Under God4 (39) What Did Jesus Believe About (5) Religion Versus Communism5 Wealth?39 (6) Threats to Christianity and Democracy6 (40) Who Are Disciples of Christ?40 (7) Faith Versus Fear7 (41) Effect of Spiritual Guidance41 (8) “Under God” this Nation lives8 (42) I Speak for Christian Citizenship42 (9) For God and Country9 (43) One Nation Under God43 (10) Meditation, Christ, our hope10 (44) Communists versus God44 (11) Ninety-first Psalm11 (45) Atheists misquote George (12) Proceedings of Dedicatory Prayer Washington45 Breakfast12 (46) God: acknowledge in the (13) Dedication of Crucifix in Gary, Ind.13 Constitution46 (14) Christian in Politics14 (47) Erection of Giant Cross47 (15) Christians in Politics15 (48) Religion in American Life48 (16) Duty of Christian Politician16 (49) This I Believe49 (17) Faith in Our Time17 (50) Christian Impact50 (18) Faiths of Our Presidents18 (51) Christian Life51 (19) Free Government Based on Faith19 (52) Love of Neighbor Is God’s Guided (20) God’s Answer to Communism20 Missile to Peace52 (21) No Coexistence of Religion and (53) Need for Spiritual Values in These Communism21 Times53 (22) One Hundred Years of Spiritual (54) Our Holy Father54 Blessing22 (55) Place of God In Education55 (23) Strengthening America Under God23 (56) Religion Should Accompany Student56 (24) This Nation Under God24 (57) Seeking God’s Way for World Peace57 (25) We Pray or We Perish25 (58) Spiritual Statesmanship58 (26) With Faith and Flag They Called It (59) Spiritual Strength in Cold War59 America26 (60) Supplying Education with Religious (27) Beloved Man of God27 Spirit60 (28) Christian and Debt28 (61) This Nation Under God61 (29) Congressmen Get Prayer Room29 (62) World Must Choose Between Religion (30) Drive to Erect World’s Largest Cross30 and Ruin62 (31) God Meant Us To Find Atom31 (63) Christian and Jew63 (32) God and U.N.32 (64) Eisenhower Should Lead Godly (33) Great Christian33 Against Reds64 (34) Harvesting Lord’s Acre34 (65) Man Who Sees Inside Heaven65 (35) Has Your Home a Prayer Room?35 (66) Our Home and God66 (36) Our Father’s God to Thee36 (67) Prayer - Exposure to God67

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(68) Religious Illiteracy Is Problem for (106) Modern Delusions and God’s Home68 Design106 (69) Supping With Devil69 (107) Politics and Christian Service107 (70) Thanks Be to Providence70 (108) Antichrists on Prowl108 (71) The Christian Leader and Politics71 (109) Christ in Marketplace109 (72) Worship and Work72 (110) Churches Under Open Skies110 (73) World Day of Prayer73 (111) Contemporary Church Heraldry in (74) “I Met God There”74 America111 (75) Christian amendment flier75 (112) Has My Church Left Me?112 (76) Bible ABC Verses76 (113) Holy Week Holds the Answer113 (77) Christ Did Not Wear Crown of Thorns (114) Moses, Prophets, Jesus Fought To To Teach Appeasement77 Erase Inequality114 (78) Christianity, Patriotism, and Myth of (115) Opposes Asking God’s Aid for United National Communism78 States115 (79) Faith That Built America79 (116) 139 Joined Church During Crusade116 (80) Role of Church in American Politics80 (117) Presidential Prayer Breakfast117 (81) Unfair Trial of Jesus81 (118) Religious Imperatives and Foreign (82) Appeal to Churches82 Aid118 (83) Apostolic Blessing83 (119) Religious Overseas Aid119 (84) Christian in Politics84 (120) Uriel, Flame of God120 (85) Christian Survival at Stake85 (121) World Day of Prayer121 (86) Church Versus Dictatorships86 (122) Yes; My Church Has Left Me - Thank (87) Convert Russia Through Prayer87 God122 (88) Cross Against Sky88 (123) Faith of our forefathers123 (89) Direction of Our Gratitude89 (124) Speak for Christian citizenship124 (90) Faith Is Target90 (125) Subsidy for ministers125 (91) God’s Time91 (126) Voting according to religious (92) Ideas Are God’s Weapons for New precepts126 World92 (127) Spiritual faith of our fathers127 (93) Prayer Is Power93 (128) Catholicism and politics128 (94) Why Not Teach Religion?94 (129) God, peace, and you129 (95) Church of Christ95 (130) Protestantism speaks on justice and (96) Mobilizing religious influence96 integration130 (97) Prayer breakfast: proceedings97 (131) Reaffirm Christian faith in Middle (98) Amendment to Constitution recognizing East crisis131 God98 (132) Essay: Christian Principles and (99) Christian Reformed Church in Citizenship132 America99 (133) Proceedings at presidential prayer (100) Errors in trial of Jesus100 breakfast133 (101) Power of prayer101 (134) Aggressive Secularism Undermining (102) Proceedings of sixth annual presidential Nation134 prayer breakfast102 (135) Can-Do Christians135 (103) Atheistic Character of Communism103 (136) Catholic President?136 (104) Church-Related Colleges104 (137) Christian Amendment Resolution137 (105) Importance of Easter and Good (138) Faith138 Friday105 (139) Faith and Learning139

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(140) For God and Country140 (177) Apostate Clergymen Battle for God- (141) In Remembrance of Him141 Hating Communist China177 (142) Our Religious Heritage142 (178) Christianity and Capital Punishment178 (143) Religion Today143 (179) Did God Attend the Summit?179 (144) Religious Acknowledgements in (180) Guide to Atheism180 Political Documents144 (181) How Much God Is There in (145) Religious Education and Democracy145 Government181 (146) Spirituality and Prayer: Weapons (182) Jesus, the Perfect Man182 Against Communism146 (183) Millennium of Christianization183 (147) Ten Commandments147 (184) Washington’s Lady Ambassador for (148) Catholic Can Become President148 Christ184 (149) Catholic in Politics149 (185) What Faith in God Has Meant to (150) Christianity or Communism?150 Me185 (151) Christ United Church of Christ151 (186) Christian Citizenship186 (152) Christian Philosophy of Civil (187) Faith by William Jennings Bryan187 Government152 (188) Shrine of the Immaculate (153) Everybody Prays at Sholl’s153 Conception188 (154) Ex-Coach Blaik Believes in Prayer154 (189) Make yourself a rubberstamp for (155) Foreign Policy and Christian God189 Conscience155 (190) Religious qualificqations for the (156) Jesuit Denounces Racism as Pagan156 Presidency190 (157) Let’s Not Forget Power of Faith157 (191) Spiritual values are our basic need191 (158) Man Sent From God158 (192) Revised Standard Version of the Holy (159) Our Religious Heritage159 Bible: adoption of192 (160) Sunday Change Shocks God Fearing160 (193) World Day of Prayer193 (161) Will Science Ever Replace God?161 (194) Bible: eternal source of strength194 (162) God and Mr. Dulles162 (195) Bible: light that illumines the (163) Khrushchev, Nikita: minute of silent pathway195 prayer to greet163 (196) Good Shepherd and the abundant (164) American spiritual values versus Lenin life196 and Marx164 (197) Holy Week197 (165) Lord’s Day Observance165 (198) In the beginning God198 (166) Vaughn Bible Class166 (199) Prayer rooms, U.S. Capitol199 (167) We Believe in Prayer167 (200) Psalm 23200 (168) We Pay Taxes for Sin168 (169) Lecture: Existence of God169 (170) Proceedings at Presidential Prayer breakfast170 (171) Text on broadcast on Christian amendment171 (172) Christian amendment172 (173) Christ and Politics173 (174) Dedication of “In God We Trust” Plaque in Post Offices174 (175) Power of Prayer175 (176) Union of Church and State176

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49 101-a Cong. Rec. 6603 (1955). 1 100-a Cong. Rec. A1204 (1954). 50 102-a Cong. Rec. A1957 (1956). 2 100-a Cong. Rec. A5288 (1954). 51 102-a Cong. Rec. A6037 (1956). 3 100-a Cong. Rec. A5674 (1954). 52 102-a Cong. Rec. A1589 (1956). 4 100-a Cong. Rec. A5519 (1954). 53 102-a Cong. Rec. A542 (1956). 5 100-a Cong. Rec. A5569 (1954). 54 102-a Cong. Rec. A4893 (1956). 6 100-a Cong. Rec. A3187 (1954). 55 102-a Cong. Rec. A2131 (1956). 7 100-a Cong. Rec. 13977 (1954). 56 102-a Cong. Rec. A2659 (1956). 8 100-a Cong. Rec. 15828 (1954). 57 102-a Cong. Rec. 2272 (1956). 9 100-a Cong. Rec. A5879 (1954). 58 102-a Cong. Rec. 4547 (1956). 10 101-a Cong. Rec. 11120 (1955). 59 102-a Cong. Rec. 9454 (1956). 11 101-a Cong. Rec. 4767 (1955). 60 102-a Cong. Rec. A4122 (1956). 12 101-a Cong. Rec. 1212 (1955). 61 102-a Cong. Rec. A3533 and 9277 (1956). 13 101-a Cong. Rec. 6264 (1955). 62 102-a Cong. Rec. A429 (1956). 14 101-a Cong. Rec. 1698 (1955). 63 102-a Cong. Rec. A2803 (1956). 15 101-a Cong. Rec. A129 (1955). 64 102-a Cong. Rec. A452 (1956). 16 101-a Cong. Rec. 8792 (1955). 65 102-a Cong. Rec. A5129 (1956). 17 101-a Cong. Rec. A4822 (1955). 66 102-a Cong. Rec. 6895 (1956). 18 101-a Cong. Rec. A4625 (1955). 67 102-a Cong. Rec. A1493 (1956). 19 101-a Cong. Rec. A2167 (1955). 68 102-a Cong. Rec. A1650 (1956). 20 101-a Cong. Rec. A2057 (1955). 69 102-a Cong. Rec. A5842 and A6209 (1956). 21 101-a Cong. Rec. 275 (1955). 70 102-a Cong. Rec. A3960 (1956). 22 101-a Cong. Rec. A505 (1955). 71 102-a Cong. Rec. 8031 (1956). 23 101-a Cong. Rec. 11111 (1955). 72 102-a Cong. Rec. A5366 (1956). 24 101-a Cong. Rec. A2982 (1955). 73 102-a Cong. Rec. 2751 (1956). 25 101-a Cong. Rec. A3247 (1955). 74 102-a Cong. Rec. 1519 (1956). 26 101-a Cong. Rec. A145 (1955). 75 102-a Cong. Rec. A700 (1956). 27 101-a Cong. Rec. A150 (1955). 76 103-a Cong. Rec. A4891 (1957). 28 101-a Cong. Rec. A2262 (1955). 77 103-a Cong. Rec. A2221 (1957). 29 101-a Cong. Rec. A836 and A1211 (1955). 78 103-a Cong. Rec. A291 (1957). 30 101-a Cong. Rec. 2872 (1955). 79 103-a Cong. Rec. A4008 (1957). 31 101-a Cong. Rec. 2853 (1955). 80 103-a Cong. Rec. A4184 (1957). 32 101-a Cong. Rec. A4664 (1955). 81 103-a Cong. Rec. 8121 (1957). 33 101-a Cong. Rec. A742 (1955). 82 103-a Cong. Rec. A4124 (1957). 34 101-a Cong. Rec. A1972 (1955). 83 103-a Cong. Rec. A45 (1957). 35 101-a Cong. Rec. A5881 (1955). 84 103-a Cong. Rec. A4236 (1957). 36 101-a Cong. Rec. A2149 (1955). 85 103-a Cong. Rec. A532 (1957). 37 101-a Cong. Rec. A786 (1955). 86 103-a Cong. Rec. A5220 (1957). 38 101-a Cong. Rec. A3368 (1955). 87 103-a Cong. Rec. A1008 (1957). 39 101-a Cong. Rec. A4210 (1955). 88 103-a Cong. Rec. A3083 (1957). 40 101-a Cong. Rec. A1953 (1955). 89 103-a Cong. Rec. A1512 (1957). 41 101-a Cong. Rec. 4942, A2945, A2946, 90 103-a Cong. Rec. A2671 (1957). A2987, A2990, A2991, A2996, and A5468 91 103-a Cong. Rec. A1357 (1957). (1955). 92 103-a Cong. Rec. A4515 (1957). 42 101-a Cong. Rec. A3151 (1955). 93 103-a Cong. Rec. A3467 (1957). 43 101-a Cong. Rec. A3154 (1955). 94 103-a Cong. Rec. A7212 (1957). 44 101-a Cong. Rec. 6265 (1955). 95 103-a Cong. Rec. A154 (1957). 45 101-a Cong. Rec. 13135 (1955). 96 103-a Cong. Rec. 8249 (1957). 46 101-a Cong. Rec. 6848 (1955). 97 103-a Cong. Rec. 2085 (1957). 47 101-a Cong. Rec. 4400 (1955). 98 103-a Cong. Rec. 234 (1957). 48 101-a Cong. Rec. 3217 (1955). 99 103-a Cong. Rec. 6128 (1957).

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100 103-a Cong. Rec. 5848 (1957). 151 105-a Cong. Rec. A5375 (1959). 101 103-a Cong. Rec. 2452 (1957). 152 105-a Cong. Rec. A4536 (1959). 102 104-a Cong. Rec. 2192 (1958). 153 105-a Cong. Rec. A4718 (1959). 103 104-a Cong. Rec. A32 (1958). 154 105-a Cong. Rec. A1529 (1959). 104 104-a Cong. Rec. A3246 (1958). 155 105-a Cong. Rec. A4653 (1959). 105 104-a Cong. Rec. A3578 (1958). 156 105-a Cong. Rec. A4950 (1959). 106 104-a Cong. Rec. A2159 (1958). 157 105-a Cong. Rec. A1278 (1959). 107 104-a Cong. Rec. 10790 (1958). 158 105-a Cong. Rec. A5186 (1959). 108 104-a Cong. Rec. A2214 (1958). 159 105-a Cong. Rec. A5838 (1959). 109 104-a Cong. Rec. A5975 (1958). 160 105-a Cong. Rec. A6542 (1959). 110 104-a Cong. Rec. A6724 (1958). 161 105-a Cong. Rec. A3542 (1959). 111 104-a Cong. Rec. A1257 (1958). 162 105-a Cong. Rec. A648 (1959). 112 104-a Cong. Rec. A3993 (1958). 163 105-a Cong. Rec. 17448 (1959). 113 104-a Cong. Rec. A3199 (1958). 164 105-a Cong. Rec. 5346 (1959). 114 104-a Cong. Rec. A883 (1958). 165 105-a Cong. Rec. A6540 (1959). 115 104-a Cong. Rec. A2494 (1958). 166 105-a Cong. Rec. A1568 (1959). 116 104-a Cong. Rec. A690 (1958). 167 105-a Cong. Rec. A1573 (1959). 117 104-a Cong. Rec. A1119 (1958). 168 105-a Cong. Rec. A4315 (1959). 118 104-a Cong. Rec. 6283 (1958). 169 106-a Cong. Rec. 13735 (1960). 119 104-a Cong. Rec. A927 (1958). 170 106-a Cong. Rec. 3591 (1960). 120 104-a Cong. Rec. A3253 (1958). 171 106-a Cong. Rec. A478 and A410 (1960). 121 104-a Cong. Rec. A1606 (1958). 172 106-a Cong. Rec. A1538 (1960). 122 104-a Cong. Rec. A4976 (1958). 173 106-a Cong. Rec. A6547 (1960). 123 104-a Cong. Rec. A4646 (1958). 174 106-a Cong. Rec. A5504 (1960). 124 104-a Cong. Rec. A5262 (1958). 175 106-a Cong. Rec. 15044 (1960). 125 104-a Cong. Rec. A869 (1958). 176 106-a Cong. Rec. A1578 (1960). 126 104-a Cong. Rec. A7215 (1958). 177 106-a Cong. Rec. A1476 (1960). 127 104-a Cong. Rec. 18591 (1958). 178 106-a Cong. Rec. A6053 (1960). 128 104-a Cong. Rec. A7518 (1958). 179 106-a Cong. Rec. A5421 (1960). 129 104-a Cong. Rec. A3088 (1958). 180 106-a Cong. Rec. A5601 (1960). 130 104-a Cong. Rec. 1918 (1958). 181 106-a Cong. Rec. 3903 and 9337 (1960). 131 104-a Cong. Rec. A7264 (1958). 182 106-a Cong. Rec. A3291 (1960). 132 105-a Cong. Rec. A4622 (1959). 183 106-a Cong. Rec. A2563 (1960). 133 105-a Cong. Rec. 4418 (1959). 184 106-a Cong. Rec. A404 (1960). 134 105-a Cong. Rec. A8440 (1959). 185 106-a Cong. Rec. 17414 (1960). 135 105-a Cong. Rec. A1524 (1959). 186 106-a Cong. Rec. A3910 (1960). 136 105-a Cong. Rec. A5345 (1959). 187 106-a Cong. Rec. 6744 (1960). 137 105-a Cong. Rec. 6158 (1959). 188 106-a Cong. Rec. A170 (1960). 138 105-a Cong. Rec. A174 (1959). 189 106-a Cong. Rec. A5895 (1960). 139 105-a Cong. Rec. A4918 (1959). 190 106-a Cong. Rec. A5673 (1960). 140 105-a Cong. Rec. A1966 (1959). 191 106-a Cong. Rec. A6441 (1960). 141 105-a Cong. Rec. A3369 (1959). 192 106-a Cong. Rec. 8272 (1960). 142 105-a Cong. Rec. 9499 (1959). 193 106-a Cong. Rec. 6009 (1960). 143 105-a Cong. Rec. A7022 (1959). 194 106-a Cong. Rec. 8708 (1960). 144 105-a Cong. Rec. A1125 (1959). 195 106-a Cong. Rec. 8849 (1960). 145 105-a Cong. Rec. A7057 (1959). 196 106-a Cong. Rec. 12072 (1960). 146 105-a Cong. Rec. A8446 (1959). 197 106-a Cong. Rec. 8070 (1960). 147 105-a Cong. Rec. A7354 (1959). 198 106-a Cong. Rec. 10519 (1960). 148 105-a Cong. Rec. 3482 (1959). 199 106-a Cong. Rec. 3403 (1960). 149 105-a Cong. Rec. 12008 (1959). 200 106-a Cong. Rec. 8850 (1960). 150 105-a Cong. Rec. A4465 (1959).

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APPENDIX D

Cover of Rev. R. Harris Slavery Tract

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D001