Gotta Keep 'Em Separated

H.R.2389 : To amend title 28, United States Code, with respect to the jurisdiction of Federal courts over certain cases and controversies involving the Pledge of Allegiance.
Sponsor: Rep Akin, W. Todd [MO-2] (introduced 5/17/2005)
Cosponsors: (197)
Committees: House Judiciary; Senate Judiciary
Latest Major Action: 8/4/2006 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.

Excerpt from text: Except as provided in subsection (b), no court created by Act of Congress shall have any jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide any question pertaining to the interpretation of, or the validity under the Constitution of, the Pledge of Allegiance, as defined in section 4 of title 4, or its recitation.

Anybody paying attention to current affairs knows what this is about. Congress, or more accurately, their vocal religious constituents, are nervous about Michael Newdow and his Pledge of Allegiance case. This legislation, if passed, would prevent the Pledge from changing based on unconstitutionality.

Hello -- Does ANYBODY remember basic eighth grade civics? The Supreme Court is supposed to determine constitutionality. That is their job. The legislative branch makes the laws, and to keep them in check, the courts can rule they are unconstitutional. This is called checks and balances and it works because of something called the separation of powers.

Maybe reporters should get together and whenever a member of Congress gives a press conference, a designated reporter (picked at random) should ask a question about the Constitution. I have a feeling Jon Stewart and Stephen Colbert would get a lot of good footage from questions like, "What are the five things guaranteed by the first amendment?" or "Which article of the Constitution gives Congress the right to regulate interstate commerce?" I have a feeling it would play out much like Rep. Westmoreland, who was asked to name the ten commandments he wanted displayed in Congress. "Ummmm. Don't murder. Don't lie. Don't steal. Ummmmm. I can't name them all."