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Washington, D.C. -- Congressman Ernest Istook (R-Warr Acres) will vote this evening to protect the Pledge of Allegiance from anti-religious activists who would remove God from any expression in the public sphere.
“Out of control activist judges are working with anti-religious zealots to try to remove ‘under God’ from the Pledge of Allegiance,” said Istook. “These people are intolerant -- they object to hearing God mentioned in school or any public place -- but that doesn't give them the right to censor the rest of us!”
“Americans overwhelmingly oppose attempts to prohibit school children across America from reciting ‘under God’ in the Pledge. It is our responsibility as lawmakers to curtail the efforts of these rogue judges who are legislating from the bench.”
H.R. 2389, the Pledge Protection Act, would prohibit any federal court – including the U.S. Supreme Court in an appellate situation – from hearing or deciding any question pertaining to the interpretation of, or the validity under the Constitution of, the Pledge of Allegiance (4 U.S.C. 4).
The Constitution gives Congress explicit authority to limit the jurisdiction of federal courts. Article III, Section 2, Clause 2 of the U.S. Constitution details the authority of the Supreme Court “with such Exceptions, and under such Regulations as the Congress shall make.”
The bill would not affect any state court’s ability to hear a state case regarding the Pledge, though any decision from such a case would affect only that one state. Further, H.R. 2389 provides two exceptions to the above prohibition. The bill’s prohibition would not apply to:
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any congressionally established court created to make regulations regarding the territory of the United States;
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District of Columbia Superior Court, and
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District of Columbia Court of Appeals.
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