Imagini ale paginilor
PDF
ePub

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,
CIVIL RIGHTS AND PROPERTY RIGHTS

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

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
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800
Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001

COMMITTEE ON THE JUDICIARY

ORRIN G. HATCH, Utah, Chairman

CHARLES E. GRASSLEY, Iowa

ARLEN SPECTER, Pennsylvania
JON KYL, Arizona

MIKE DEWINE, Ohio

JEFF SESSIONS, Alabama

LINDSEY O. GRAHAM, South Carolina
LARRY E. CRAIG, Idaho

SAXBY CHAMBLISS, Georgia
JOHN CORNYN, Texas

PATRICK J. LEAHY, Vermont
EDWARD M. KENNEDY, Massachusetts
JOSEPH R. BIDEN, JR., Delaware
HERBERT KOHL, Wisconsin
DIANNE FEINSTEIN, California
RUSSELL D. FEINGOLD, Wisconsin
CHARLES E. SCHUMER, New York
RICHARD J. DURBIN, Illinois
JOHN EDWARDS, North Carolina

BRUCE ARTIM, Chief Counsel and Staff Director
BRUCE A. COHEN, Democratic 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
LARRY E. CRAIG, Idaho

SAXBY CHAMBLISS, Georgia

RUSSELL D. FEINGOLD, Wisconsin
EDWARD M. KENNEDY, Massachusetts
CHARLES E. SCHUMER, New York
RICHARD J. DURBIN, Illinois

JAMES C. HO, Majority Chief Counsel
ROBERT F. SCHIFF, Demdcratic Chief Counsel

[blocks in formation]

LL

KF 26

.J8358

2004a

Copy 1

CONTENTS

[ocr errors][merged small][merged small][merged small]
[ocr errors]

...

Edwards, Hon. Chet, a Representative in Congress from the State of Texas,
prepared statement

Garnett, Richard W., Associate Professor of Law, Notre Dame Law School,
South Bend, Indiana, prepared statement

Hearn, Nashala, Muskogee, Oklahoma, prepared statement

[merged small][merged small][merged small][merged small][merged small][ocr errors]

Landrieu, Hon. Mary, a U.S. Senator from the State of Louisiana, prepared
statement and attachment

[ocr errors][subsumed][subsumed][subsumed][merged small]

Page

Muñoz, Vincent Phillip, Civitas Fellow of Religion and Public Life, American
Enterprise Institute, Washington, D.C., and Assistant Professor of Political
Science, North Carolina State University, prepared statement
People for the American Way Foundation, Elliot M. Mincberg, Vice-President
and Legal Director, Washington, D.C., letter

Rogers, Melissa, Visiting Professor of Religion and Public Policy, Wake Forest
University Divinity School, Winston-Salem, North Carolina, prepared state-

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
Affairs, Washington, D.C., prepared statement

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.
SENATOR FROM THE STATE OF TEXAS

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)

« ÎnapoiContinuă »