21st Annual Bill of Rights
Art and Essay Contest, 2004-2005

TOPIC:  Does reciting "Under God" in the Pledge of Allegiance at school violate the Constitution?

1st Prize, High School

by a 12th-grade Pacific Grove High School student

The Pledge of Allegiance was written by Francis Bellamy in 1892 and was meant to be a simple way of affirming loyalty to the United States of America and its founding principles. The addition of the words "under God," in 1954, changed the meaning of the Pledge. It was no longer purely an affirmation of loyalty to country. The pledge became an expression of faith. Now, when expressing allegiance to one nation, the citizen simultaneously expresses allegiance to one God. The religious quality that the words "under God" give to the Pledge of Allegiance make its recitation in schools a clear violation of the Constitution.

What Thomas Jefferson called "a wall of separation between Church and State" in his letter to the Danbury Baptists is a fundamental principle of American government.ⁱ This principle of separation of church and state is defined in the Establishment Clause, found in the First Amendment to the Constitution. The clause states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free expression thereof." The purpose of this passage is to guarantee each citizen's right to practice or not practice religion as they choose without fear of government interference. As president, Thomas Jefferson said, "I consider the government of the US, as interdicted by the Constitution from intermeddling with religious institutions, their doctrines, or exercises."ⁱⁱ James Madison, known as the "father of the Constitution," expressed criticism for government prayer proclamations when he wrote that they "imply...the erroneous idea of a national religion."ⁱⁱⁱ These comments are representative of how the founders intended the Establishment Clause to be interpreted. They believed that the line between government and religious beliefs should be kept completely separate. Centuries later, in the 1992 Supreme Court case Lee v. Weisman, the Establishment Clause and the opinions expressed by Jefferson and Madison were upheld when prayer at high school graduation was ruled unconsitutional because it forced participation in a religious exercise. Thus, the constitution, the founders, and the Supreme Court all assert that government should never impose a religion or specific religious practices on any citizens.

Prior to June 14, 1954, the Pledge of Allegiance read "I pledge allegiance, to the flag, of the United Stats of America, and to the Republic for which it stands: one Nation indivisible, with Liberty and Justice for all." However, on June 14, 1954, Congress unanimously decided to amend the pledge to read "one nation, under God." This change linked government to the specific religious belief that there exists only one Divinity and makes a Judeo-Christian connection by using the word "God." The context in which the words were added is also critical to their interpretation. They were added not in recognition of the God given or natural rights of every human being that the Founding Fathers incited when declaring their independence from Great Britain. They were added, instead, at the height of the McCarthy era to assert America's moral superiorty to Communist states, which viewed religion simply as superstition. In the words of President Eisenhower, the phrase was added to, "affirm the transcendence of religious faith in America's heritage and future" and so that children would "daily proclaim...the dedication of our nation and our people to the Almighty. This reasoning clearly shows that the meaning of the phrase "under God" does, in fact, refer to a limited religious philosophy. It was meant to establish a uniform spiritual view for the nation, to show that all Americans, unlike Communists, were God-fearing people, sharing a single religious belief. This aim left no room for minority viewpoints.

The clear connection between the phrase "under God" and a specific religious viewpoint makes the recitiation of the Pledge of Allegiance in public elementary schools a violation of the Constitution's First Amendment establishment clause. The government clearly limits religious freedom when it asks its citizens to pledge allegiance to a nation under God, turning a pledge of patriotism into a prayer of faith. In his case against the Elk Grove School District, elementary school parent Michael Newdow, asserts that, unlike the words "in God we trust" found on money, the Pledge requires his daughter to say "under God" with every recitation. He also argues that, while is daughter is not forced to say the Pledge, factors such as peer pressure and teacher influence inhibit her right to refrain and force her into pledging allegiance to both God and country."^iv When a public school chooses to make the Pledge of Allegiance a part of the curriculum, government is "intermeddling with religious doctrine," implying "the erroneous idea of a national religion" or belief system, and establishing and limiting free exercise.

The Purpose of the Pledge of Allegiance is to express patriotism and loyalty to the principles of the United States of America. The separation of church and state is included in these principles. Therefore, the words "under God" undermine the Constitution. The Founding Fathers, through their letters and through the Constitution of the United States, made their intentions clear: the people's right to practice the religion of their choice or no religion at all must be protected and should under no circumstances be infringed upon by the government. When a school requires students to recite the Pledge of Allegiance, it is encroaching on the rights of citizens. The absence of religion in government is a critical component of the United States, but with the words "one nation, under God," that principle is challenged and citizens' First Amendment are compromised.

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ⁱ Thomas Jefferson, letter to Danbury, CT Baptist Association, 1 January 1802, Americans United for Separation of Church and State, Washington, D.C.
ⁱⁱThomas Jefferson, letter to Samuel Miller, 23 January 1808, American United for Separation of Church and State, Washington, D.C.
ⁱⁱⁱJames Madison, undated essay between 1817 and 1832, Americans United for Separation of Church and State, Washington, D.C.
^ivNational Law Journal Washington Bureau Chief Marcia Coyle, interview with Gwen Ifill, NewsHour with Him Lehrerm Public Broadcasting Service, KQED, San Francisco, 24 March 2004