H.Res. 132House108th Congress (2003-2005)Passed Congress

Expressing the sense of the House of Representatives that the Ninth Circuit Court of Appeals ruling in Newdow v. United States Congress is inconsistent with the Supreme Court's interpretation of the first amendment and should be overturned, and for other purposes.

Sponsored by Doug OseRep. Doug Ose (R-CA)
Introduced March 6, 2003

Legislative Activity

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15 earlier actions
HouseFloor Latest Action

Motion to reconsider laid on the table Agreed to without objection.

March 20, 2003 • 10:57 AM

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HouseIntro Referral

Introduced in House

March 6, 2003

HouseIntro Referral

Referred to the House Committee on the Judiciary.

March 6, 2003

HouseCommittee

Referred to the Subcommittee on the Constitution.

March 6, 2003

HouseCommittee

Subcommittee on the Constitution Discharged.

March 7, 2003

HouseCommittee

Committee Consideration and Mark-up Session Held.

March 12, 2003

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 22 - 2.

March 12, 2003

HouseCommittee

Reported by the Committee on Judiciary. H. Rept. 108-41.

March 18, 2003

HouseCalendars

Placed on the House Calendar, Calendar No. 13.

March 18, 2003

HouseFloor

Mr. Sensenbrenner moved to suspend the rules and agree to the resolution.

March 19, 2003 • 11:36 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H1976-1981)

March 19, 2003 • 11:37 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H. Res. 132.

March 19, 2003 • 11:37 AM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

March 19, 2003 • 12:14 PM

HouseFloor

Considered as unfinished business. (consideration: CR H2137)

March 20, 2003 • 10:49 AM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 400 - 7, 15 Present (Roll no. 77).(text: CR 3/19/2003 H1976-1977)

March 20, 2003 • 10:57 AM

HouseFloor

On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 400 - 7, 15 Present (Roll no. 77). (text: CR 3/19/2003 H1976-1977)

March 20, 2003 • 10:57 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

March 20, 2003 • 10:57 AM

Floor Debate

23 members

What members said about H.Res. 132 on the floor

11 Republicans11 Democrats1 Independent
Frank R. Wolf
Rep. Frank R. WolfR-VA-10 · Jul 22, 2003

Mr. Chairman, I yield myself 10 minutes. I am pleased to begin consideration of H.R. 2799, the Departments of Commerce, Justice, State, the Judiciary and related agencies appropriations bill for…

Jose E. Serrano
Rep. Jose E. SerranoD-NY-16 · Jul 22, 2003

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I would like to start off where the gentleman from Virginia (Mr. Wolf) left off, and that is thanking both staffs for the work…

David R. Obey
Rep. David R. ObeyD-WI-7 · Jul 22, 2003

Mr. Chairman, let me simply say that I will be supporting this bill, and I appreciate the approach taken by the subcommittee chairman in putting the bill together. He has, I think, been most fair and…

Ron Paul
Rep. Ron PaulR-TX-14 · Jul 22, 2003

Mr. Chairman, I offer an amendment. The Clerk will designate the amendment. Mr. Chairman, my amendment is very simple and clear. It is to strike the funds for UNESCO. We have been out of UNESCO since…

Anthony D. Weiner
Rep. Anthony D. WeinerD-NY-9 · Jul 22, 2003

Mr. Chairman, will the gentleman yield? Mr. Chairman, I do not ascribe venal intent on the part of the gentleman from New York (Mr. Serrano) or the chairman. This was switched at the last moment. But…

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Mark Udall
Rep. Mark UdallD-CO-2 · Mar 25, 2003

Mr. Speaker, last week Colorado experienced a very heavy snowstorm--in fact, it was a blizzard in many areas. This was good news for our state, which has been suffering from a serious drought.…

F. James Sensenbrenner, Jr.
Rep. F. James Sensenbrenner, Jr.R-WI-5 · Mar 19, 2003

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 132) expressing the sense of the House of Representatives that the Ninth Circuit Court of Appeals ruling in Newdow v.…

W. J. (Billy) Tauzin
Rep. W. J. (Billy) TauzinR-LA-3 · Jul 22, 2003

Mr. Chairman, I move to strike the requisite number of words. (Mr. TAUZIN asked and was given permission to revise and extend his remarks.) Mr. Chairman, I rise in opposition to the amendment. Mr.…

Bernard Sanders
Rep. Bernard SandersI-VT · Jul 22, 2003

Mr. Chairman, I move the Committee do now rise. Mr. Chairman, I demand a recorded vote. Mr. Chairman, I move to strike the last word. Mr. Chairman, I move to strike the requisite number of words. Mr.…

David E. Price
Rep. David E. PriceD-NC-4 · Jul 22, 2003

Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, I rise as a cosponsor of the Hinchey amendment. The FCC's decision of June 2 to loosen the rules on concentrated media…

John D. Dingell
Rep. John D. DingellD-MI-15 · Jul 22, 2003

Mr. Chairman, I move to strike the requisite number of words. (Mr. DINGELL asked and was given permission to revise and extend his remarks.) Mr. Chairman, I begin by expressing my great affection and…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Mar 19, 2003

Mr. Speaker, I thank the gentleman for yielding time to me. Mr. Speaker, I come from a State that has a long tradition in supporting religious freedom. In fact, it was Thomas Jefferson who wrote the…

Fred Upton
Rep. Fred UptonR-MI-6 · Jul 22, 2003

Mr. Chairman, I make a point of order. Mr. Chairman, on page 81, ``Federal Communications Commission, salaries and expenses,'' I believe that it is an authorization on an appropriations bill. It is…

Show 11 more
Mike Pence
Rep. Mike PenceR-IN-6 · Jul 22, 2003

Mr. Chairman, as my colleagues are aware, I had an amendment that would have been considered today that I am also offering today as freestanding legislation regarding the United Nations Reassessment…

Richard Burr
Rep. Richard BurrR-NC-5 · Jul 22, 2003

Mr. Chairman, I move to strike the requisite number of words. (Mr. BURR asked and was given permission to revise and extend his remarks.) Mr. Chairman, I rise in opposition to the amendment. Clearly…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-8 · Mar 19, 2003

Mr. Speaker, I rise in opposition to this resolution. I rise in opposition because it is wrong in its principles, it is wrong on the stated findings, it is wrong on its facts. Let me just go through…

John N. Hostettler
Rep. John N. HostettlerR-IN-8 · Jul 22, 2003

Mr. Chairman, I offer an amendment. Mr. Chairman, on June 26, 2002, in Newdow v. U.S. Congress, a three-member panel of the Ninth U.S. Circuit Court of Appeals ruled that a California school…

Steve Chabot
Rep. Steve ChabotR-OH-1 · Mar 19, 2003

Mr. Speaker, I rise in support of House Resolution 132 expressing the sense of the House that the Ninth Circuit Court of Appeals ruling in Newdow v. United States Congress is inconsistent with the…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-17 · Jul 22, 2003

Mr. Chairman, will the gentleman yield? Mr. Chairman, I absolutely agree with everything the gentleman from Vermont said. I support what he is trying to do about the PATRIOT Act. I do not very often…

Maurice D. Hinchey
Rep. Maurice D. HincheyD-NY-22 · Jul 22, 2003

Mr. Chairman, I offer an amendment. Mr. Chairman, this government, our government, derives its just power from the consent of the governed. Those words form the basic founding principle of this…

Doug Bereuter
Rep. Doug BereuterR-NE-1 · Jul 22, 2003

Mr. Chairman, this Member rises to express his support for H.R. 2799, a bill making appropriations for the Departments of Commerce, Justice, State and the Judiciary for FY 2004. In particular, this…

Dave Weldon
Rep. Dave WeldonR-FL-15 · Jul 22, 2003

Mr. Chairman, I offer an amendment. Mr. Chairman, technology proceeds at a rapid rate, bringing great benefits to humankind from treatments of disease to greater wealth and greater knowledge of our…

Mark Udall
Rep. Mark UdallD-CO-2 · Jul 22, 2003

Mr. Chairman, I rise to state my disappointment with and strong opposition to this bill. It is one thing to make government more lean; it is another thing to cut jobs year in and year out at…

Bill Delahunt
Rep. Bill DelahuntD-MA-10 · Mar 19, 2003

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, judges certainly should not be immune from criticism. I mean, healthy debate on the merits of judicial decisions is an important…

Bill Text

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Engrossed in HouseIssued March 20, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 132 Engrossed in House (EH)]

In the House of Representatives, U.S.,

March 20, 2003.
Whereas on June 26, 2002, the Ninth Circuit Court of Appeals, in Newdow v.
United States Congress (292 F.3d 597; 9th Cir. 2002) (Newdow I), held
that the Pledge of Allegiance to the Flag as currently written to
include the phrase, ``one Nation, under God'', unconstitutionally
endorses religion, that such phrase was added to the pledge in 1954 only
to advance religion in violation of the establishment clause, and that
the recitation of the pledge in public schools at the start of every
school day coerces students who choose not to recite the pledge into
participating in a religious exercise in violation of the establishment
clause of the first amendment;
Whereas on February 28, 2003, the Ninth Circuit Court of Appeals amended its
ruling in this case, and held (in Newdow II) that a California public
school district's policy of opening each school day with the voluntary
recitation of the Pledge of Allegiance to the Flag ``impermissibly
coerces a religious act'' on the part of those students who choose not
to recite the pledge and thus violates the establishment clause of the
first amendment;
Whereas the ninth circuit's ruling in Newdow II contradicts the clear
implication of the holdings in various Supreme Court cases, and the
spirit of numerous other Supreme Court cases in which members of the
Court have explicitly stated, that the voluntary recitation of the
Pledge of Allegiance to the Flag is consistent with the first amendment;
Whereas the phrase, ``one Nation, under God'', as included in the Pledge of
Allegiance to the Flag, reflects the notion that the Nation's founding
was largely motivated by and inspired by the Founding Fathers' religious
beliefs;
Whereas the Pledge of Allegiance to the Flag is not a prayer or statement of
religious faith, and its recitation is not a religious exercise, but
rather, it is a patriotic exercise in which one expresses support for
the United States and pledges allegiance to the flag, the principles for
which the flag stands, and the Nation;
Whereas the House of Representatives recognizes the right of those who do not
share the beliefs expressed in the pledge or who do not wish to pledge
allegiance to the flag to refrain from its recitation;
Whereas the effect of the ninth circuit's ruling in Newdow II will prohibit the
recitation of the pledge at every public school in 9 states, schooling
over 9.6 million students, and could lead to the prohibition of, or
severe restrictions on, other voluntary speech containing religious
references in these classrooms;
Whereas rather than promoting neutrality on the question of religious belief,
this decision requires public school districts to adopt a preference
against speech containing religious references;
Whereas the constitutionality of the voluntary recitation by public school
students of numerous historical and founding documents, such as the
Declaration of Independence, the Constitution, and the Gettysburg
Address, has been placed into serious doubt by the ninth circuit's
decision in Newdow II;
Whereas the ninth circuit's interpretation of the first amendment in Newdow II
is clearly inconsistent with the Founders' vision of the establishment
clause and the free exercise clause of the first amendment, Supreme
Court precedent interpreting the first amendment, and any reasonable
interpretation of the first amendment;
Whereas this decision places the ninth circuit in direct conflict with the
Seventh Circuit Court of Appeals which, in Sherman v. Community
Consolidated School District (980 F.2d 437; 7th Cir. 1992), held that a
school district's policy allowing for the voluntary recitation of the
Pledge of Allegiance to the Flag in public schools does not violate the
establishment clause of the first amendment;
Whereas Congress has consistently supported the Pledge of Allegiance to the Flag
by starting each session with its recitation;
Whereas the House of Representatives reaffirmed support for the Pledge of
Allegiance to the Flag in the 107th Congress by adopting House
Resolution 459 on June 26, 2002, by a vote of 416-3; and
Whereas the Senate reaffirmed support for the Pledge of Allegiance to the Flag
in the 107th Congress by adopting Senate Resolution 292 on June 26,
2002, by a vote of 99-0: Now, therefore, be it
Resolved, That it is the sense of the House of Representatives that--
(1) the phrase ``one Nation, under God,'' in the Pledge of
Allegiance to the Flag reflects that religious faith was central to the
Founding Fathers and thus to the founding of the Nation;
(2) the recitation of the Pledge of Allegiance to the Flag,
including the phrase, ``one Nation, under God,'' is a patriotic act, not
an act or statement of religious faith or belief;
(3) the phrase ``one Nation, under God'' should remain in the Pledge
of Allegiance to the Flag and the practice of voluntarily reciting the
pledge in public school classrooms should not only continue but should
be encouraged by the policies of Congress, the various States,
municipalities, and public school officials;
(4) despite being the school district where the legal challenge to
the pledge originated, the Elk Grove Unified School District in Elk
Grove, California, should be recognized and commended for their
continued support of the Pledge of Allegiance to the Flag;
(5) the Ninth Circuit Court of Appeals ruling in Newdow v. United
States Congress has created a split among the circuit courts, and is
inconsistent with the Supreme Court's interpretation of the first
amendment, which indicates that the voluntary recitation of the pledge
and similar patriotic expressions is consistent with the first
amendment;
(6) the Attorney General should appeal the ruling in Newdow v.
United States Congress, and the Supreme Court should review this ruling
in order to correct this constitutionally infirm and historically
incorrect holding; and
(7) the President should nominate and the Senate should confirm
Federal circuit court judges who interpret the Constitution consistent
with the Constitution's text.
Attest:

Clerk.