Quoting stu, prefacing the part in large letters that he left out of his comments:
In my opinion, ".....The Pledge is unconstitutional as it stands."
I can't call it an argument, as he does nothing but make declarative statements....statements that are in direct contradiction to the opinions of the high court, the common man, and religion's leaders/founders and practitioners.
My conclusion is simple:
The pledge as it is written and currently voluntarily practiced is constitutional according to the High Court, and considered constitutional by those who actually practice religion, and considered constitutional by those leaders of all major religions in the USA.
I have given supporting evidence to my conclusions in 4 ways:
One is the High Court and their opinion, and I provided a link to the Courts own words on the matter.
Second is the historical framework of the Bill of Rights, its evolution, and the intention of the Framers to uphold the spirit of Locke's "Freedom of Conscience" and I provided a link to a Law Review article to support that information.
Third is the common man, and common sense.....and what the common man understands religion to be, i.e. creed and dogma, enacted upon and motivated by faith in God. To the common man, someone who simply repeats "Under God" but does not do so with full faith in God is not engaged in the practice of religion. A parrot can be trained to say "under God" and no reasonable man would say a parrot is practicing a religion by a simple repetition of the phrase "under God." A computer can be programmed to say the words of a prayer, is the computer actually praying and practicing a religion? Nope. The meaning is provided by the speaker or listener of the word God, not by the word God itself. As the beauty is in the eye of the beholder, not the object itself, the religious quality of humanity is in the heart of man, not in the words of some scripture.
Fourthly, the religious leaders, the real experts in what is religion, all agree that a simple repetition of the word "God" does not constitute a religious practice. Only when the word God is said with full faith in prayer to God and as implemented as part of the entire practice of religion, does the word God have any value from a religious perspective.
stu loses. Yet, stu thinks he has won. stu thinks saying the word God makes something a religion. stu is wrong. Who says he is wrong? The religious leaders of all major religions, the common man, and the high court, congress, and all presidents we have ever had who were in power when the current pledge was said.
Yet, stu continues to believe he is right, and all the others who disagree with him wrong.
Hmmmmm......
I guess stu thinks he knows more about religion and what it is than anyone else.
How odd, first we have axeman who thinks only he and the atheists are the only ones qualified to define properly what atheism is---not the religious people......and now stu thinks he is better qualified than those religious leaders, religious practitioners among the common people, and the Supreme Court to define what is religion, and what constitutes practice and/or establishment of religion.
Stu thinks we can throw out context, the wishes of the Framers (who 3 days before ratification of the First Amendment approved paying a chaplain's wages to say a daily prayer to God at their meetings), the history of this country, the use of the word God and the Creator in the Declaration of Independence, etc. stu doesn't think he needs to build a foundation for his argument and reach a conclusion citing case law, the accepted tests of what is religion determined by the high court, nor any historical references. He simply has to say it is so, and it is so.
Does stu have a God complex in this case? It would seem so, he sees and claims fact where others don't, only he knows what the words mean and what the Framers intended, and only he is entitled to say what is fact....not simply a point of view or opinion.
I am glad as an American citizen, which stu is not, that we follow the law, which grants the High Court final decision in matters of what is actually constitutional, and not leave it up to extremist groups or individuals who have problems with others saying a word voluntarily.
Want to scare stu? Don't say Boo!, say God! He appears terrified of the word.
Quote from stu:
The topic as it developed appears a simple enough argument .
The Pledge is unconstitutional as it stands. It was not unconstitutional as it was written.
If the words "under God" or "under God Almighty" or "under our Creator the Almighty God" or any other such similar phrase, however strong religiously - had been written by the author and recited in every school and every meeting in the land by public consent, the Pledge would NOT be unconstitutional.
Because the word God is a religious word and because the words "under God", were put there by government within law , government and the law itself is respecting an establishment of religion.
The words in the First Amendment are unequivocal
The U.S. Constitution is thereby violated.
And as far as the law is concerned, the law falls into disrepute.
You may think it doesn't matter. You may think who cares. You may say no one has to say it out loud. But the fact remains - it is unconstitutional.
Generally speaking it might be reasonable to conclude, Constitutional - good, unconstitutional - not good.