[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 378 Agreed to Senate (ATS)]
108th CONGRESS
2d Session
S. RES. 378
Designating June 14, 2004, as ``National Pledge of Allegiance to the
Flag Day''.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 14, 2004
Mr. Cornyn (for himself, Mrs. Feinstein, Mr. Craig, Mr. Grassley, Mr.
Chambliss, Mr. Graham of South Carolina, and Mr. DeWine) submitted the
following resolution; which was considered and agreed to
_______________________________________________________________________
RESOLUTION
Designating June 14, 2004, as ``National Pledge of Allegiance to the
Flag Day''.
Whereas the United States flag is a unique symbol of the United States and its
ideals;
Whereas millions of Americans instinctively look to the United States flag with
reverence, in times of national crisis and triumph alike;
Whereas no other American symbol has been as universally honored as the United
States flag;
Whereas the United States flag has always played a unique role in honoring the
men and women of the Armed Forces who have died in defense of the United
States;
Whereas to the countless families of loved ones who have died in defense of the
United States, the United States flag is a treasured possession and a
poignant memory of their loss;
Whereas the Second Continental Congress adopted the Stars and Stripes as the
official flag of the United States on June 14, 1777;
Whereas Congress has designated June 14 as Flag Day (36 U.S.C. 110);
Whereas the Pledge of Allegiance is recited by millions of Americans who wish to
demonstrate their loyalty and allegiance to the flag of the United
States and to the republic for which it stands;
Whereas President Eisenhower signed into law the modern version of the Pledge of
Allegiance on June 14, 1954 (Joint Resolution entitled ``Joint
Resolution to amend the pledge of allegiance to the flag of the United
States of America'', Public Law 83-396, approved June 14, 1954), making
Flag Day, 2004, the 50th anniversary of the modern version of the Pledge
of Allegiance;
Whereas a 3-judge panel of the United States Court of Appeals for the Ninth
Circuit ruled in Newdow v. United States Congress, 328 F.3d 466 (9th
Cir. 2002), that the words ``under God'' in the Pledge of Allegiance
violate the establishment clause of the first amendment of the
Constitution of the United States when recited voluntarily by students
in public schools;
Whereas on June 14, 2004, the Supreme Court issued a decision, Elk Grove Unified
School District v. Newdow (docket number 02-1624), that reversed the
decision of the United States Court of Appeals for the Ninth Circuit in
the Newdow case solely on procedural grounds, but that leaves unresolved
whether the Supreme Court agrees with the decision of the United States
Court of Appeals for the Ninth Circuit to strike down the Pledge of
Allegiance as unconstitutional;
Whereas Congress, in 1954, believed that it was acting constitutionally when it
revised the Pledge of Allegiance;
Whereas the Senate believes that the Pledge of Allegiance, as revised in 1954
and as recodified in 2002 (4 U.S.C. 4), is a fully constitutional
expression of patriotism; and
Whereas the Senate has twice acted by unanimous consent to authorize the Senate
Legal Counsel to defend the constitutionality of the Pledge of
Allegiance in the Federal courts (Senate Resolution 134, 108th Congress,
agreed to May 8, 2003, and Senate Resolution 292, 107th Congress, agreed
to June 26, 2002): Now, therefore, be it
Resolved, That the Senate--
(1) supports and reveres the United States flag and the
Pledge of Allegiance;
(2) strongly disapproves of the decision by the 3-judge
panel of the United States Court of Appeals for the Ninth
Circuit in Newdow v. United States Congress; and
(3) hereby designates June 14, 2004, as ``National Pledge
of Allegiance to the Flag Day''.
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