S. HRG. 108-707 LICK ARY OF CONGRES BEYOND THE PLEDGE OF ALLEGIANCE: HOSTILITY TO RELIGIOUS EXPRESSION IN THE PUBLIC SQUARE TRANSFER HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION, OF THE COMMITTEE ON THE JUDICIARY ONE HUNDRED EIGHTH CONGRESS SECOND SESSION JUNE 8, 2004 Serial No. J-108-80 Printed for the use of the Committee on the Judiciary 97-033 PDF U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 2005 For sale by the Superintendent of Documents, U.S. Government Printing Office COMMITTEE ON THE JUDICIARY ORRIN G. HATCH, Utah, Chairman CHARLES E. GRASSLEY, Iowa ARLEN SPECTER, Pennsylvania MIKE DEWINE, Ohio JEFF SESSIONS, Alabama LINDSEY O. GRAHAM, South Carolina SAXBY CHAMBLISS, Georgia PATRICK J. LEAHY, Vermont BRUCE ARTIM, Chief Counsel and Staff Director SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS AND PROPERTY RIGHTS JOHN CORNYN, Texas, Chairman JON KYL, Arizona LINDSEY O. GRAHAM, South Carolina SAXBY CHAMBLISS, Georgia RUSSELL D. FEINGOLD, Wisconsin JAMES C. HO, Majority Chief Counsel LL KF 26 .J8358 2004a Copy 1 CONTENTS Cornyn, Hon. John, a U.S. Senator from the State of Texas Feingold, Hon. Russell D., a U.S. Senator from the State of Wisconsin Edwards, Hon. Chet, a Representative in Congress from the State of Texas Garnett, Richard W., Associate Professor of Law, Notre Dame Law School, Muñoz, Vincent Phillip, Civitas Fellow of Religion and Public Life, American Enterprise Institute, Washington, D.C., and Assistant Professor of Political Shackelford, Kelly, Chief Counsel, Liberty Legal Institute, Plano, Texas Shelby, Hon. Richard, a U.S. Senator from the State of Alabama Walker, J. Brent, Executive Director, Baptist Joint Committee on Public Responses of Roy Moore to questions submitted by Senator Kennedy Responses of Vincent Muñoz to questions submitted by Senator Cornyn Responses of Vincent Muñoz to questions submitted by Senator Kennedy Responses of Kelly Shackelford to questions submitted by Senator Cornyn Responses of Kelly Shackelford to questions submitted by Senator Kennedy Clark, William "Barney", Balch Springs, Texas, prepared statement ... Edwards, Hon. Chet, a Representative in Congress from the State of Texas, Garnett, Richard W., Associate Professor of Law, Notre Dame Law School, Landrieu, Hon. Mary, a U.S. Senator from the State of Louisiana, prepared Page Muñoz, Vincent Phillip, Civitas Fellow of Religion and Public Life, American Rogers, Melissa, Visiting Professor of Religion and Public Policy, Wake Forest ment Rosenauer, Steven, Bradenton, Florida, prepared statement Shackelford, Kelly, Chief Counsel, Liberty Legal Institute, Plano, Texas, prepared statement 138 141 143 162 164 Shelby, Hon. Richard, a U.S. Senator from the State of Alabama, prepared statement 170 Walker, J. Brent, Executive Director, Baptist Joint Committee on Public 172 BEYOND THE PLEDGE OF ALLEGIANCE: HOSTILITY TO RELIGIOUS EXPRESSION IN THE PUBLIC SQUARE TUESDAY, JUNE 8, 2004 UNITED STATES SENATE, SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS AND PROPERTY RIGHTS, COMMITTEE ON THE JUDICIARY, Washington, DC. The Subcommittee met, pursuant to notice, at 2:11 p.m., in room SD-226, Dirksen Senate Office Building, Hon. John Cornyn, Chairman of the Subcommittee, presiding. Present: Senators Cornyn, Sessions, and Feingold. OPENING STATEMENT OF HON. JOHN CORNYN, A U.S. Chairman CORNYN. This hearing of the Senate Subcommittee on the Constitution, Civil Rights and Property Rights will come to order. I want to thank Senator Hatch, the Chairman of the full Committee, for scheduling this hearing, as well as thank the distinguished Ranking Member, Senator Feingold, who will be here momentarily, and his staff for working with my office to help make this hearing possible. We have a number of witnesses, and that is one reason why I didn't want to delay the hearing any longer, because many have come an awful long way to be here with us, so I am anxious to get to their testimony as soon as possible. I will make a few brief remarks, and then Senator Feingold, of course, will have an opportunity to make any remarks he sees fit. And, without objection, my full written statement will be made part of the record. Then, of course, we will have a panel of Members of Congress. Senator Shelby, Senator Landrieu, and Representative Edwards will be our first panel, and we will proceed from there. The United States Supreme Court will soon decide whether the First Amendment forbids school teachers across America leading students in the voluntary recitation of the Pledge of Allegiance, simply because the Pledge affirms what we all know to be truethat our Nation was founded "under God." The Senate has unanimously and repeatedly condemned the Ninth Circuit's contrary ruling striking down the Pledge. A majority of the Members of this Subcommittee filed the first amicus brief (1) |