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Essay / Research Paper Abstract
An 8 page analysis of this case and others which illustrate the evolution in the way we view our government’s association with religion. The author specifically reviews the adherence to the so-called Exception clause of the Constitution, a clause tested through three separate theories: the Lemon test, O'Connor's endorsement test, and Rosenberger's neutrality theory. Bibliography lists 2 sources.
Page Count:
8 pages (~225 words per page)
File: AM2_PPpledge.rtf
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Unformatted sample text from the term paper:
In recent years controversy has heightened regarding the appropriate place of God in our government.
The 2002 Ninth Circuit Court of Appeals case of Newdow v. U.S. Congress is exemplary of that controversy. In it it was determined that the use of the
phrase "under God" in the Pledge of Allegiance was unconstitutional. The phrase, not originally a component of the Pledge, had been added in 1954 as a means of distinguishing
between ourselves and what we perceived as the godless Communist countries. The Pledge, in its entirety, had come to represent an important element of American ideology and Americans as
a whole were stunned by the Newdow v. Congress ruling. Even Congress rebelled against the ruling by making a decided effort to publicly recite the Pledge in its entirety
just after the ruling was levied. The intent of this paper is to cut through the controversy surrounding this ruling and to examine the Constitutional basis on which it
was formulated. The Newdow v. U.S. Congress ruling is best analyzed through a consideration of its adherence to the so-called Exception clause of
the Constitution, a clause tested through three separate theories: the Lemon test, OConnors endorsement test, and Rosenbergers neutrality theory. The Establishment clause is based in the initial wording
of the Bill or Rights which states: "Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof." The Establishment Clause is a terribly misunderstood
...