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06/26/2002
"HALI--------- U---------- YA!"
A ninth circuit federal appeals panel of three judges in San Francisco ruled today, that the words "under god" in the pledge of allegiance are unconstitutional,...just as words such as "under Jesus" ....or "under Zeus" would be unconstitutional.
The words "under God" were added by Congress in 1954 and when signing the bill, Eisenhower said it would indoctrinate children as they would be saying those words everyday. The federal panel held that text addition was over the line separating church and state, holding that the words "under God":
...send the message that believers are insiders and non-believers are outsiders. It is coercive to non believers and promotes state endorsed monotheism.Reversal is expected, said Nina Totenberg. Nina said this was only one 3 judge panel of the ninth circuit and the full ninth circuit court will hear an appeal of this ruling. Nina said this ruling will fail right there by the full court. But even if it does, that reversal can be appealed to the Supreme Court. However, the USSC has said in other cases that "under god" is constitutional.
How can these legal professionals worship at the altar of intellectual objectivity and reverse this holding? What can they say?
Power, when confronted with its' own hypocrisy, generally looks away and maintains a dignified silence while others speak for it. The Supreme Court will refuse to hear the case and let the full ninth circuit do the reactionary political work.
It is expected that the ninth circuit will reverse by ignoring the plain meaning of the language and by ignoring its' duty to uphold and enforce the protection of Amendment I to the U.S. Constitution, which guarantees the spiritual freedom of American citizens whose views are not consistent with majority norms.
Now Why?
In many, many ways the law functions to protect the propertied classes against the unwashed hoards. Beside the State, the other main institution of social control is Religion. Religion controls the people; teaches them to stop questioning and submit to the rules of their betters. The legal system as an institution is composed of people who see ORDER , not freedom, as a primary value. Therefore, their inclination is to see religion as beneficial to government.
There are enough words in the Big Books to allow a Court to affirm or reverse ANYTHING or George Bush would not be president.
No Judge is objective or rules objectively. They do what's best for their class and their kind. It is important to understand the values of those who make the decisions that limit your choices.
Law and Order=Church and State.Now, having said all that, I do not think the 9th circuit will reverse although the Congress spent all day calling them names and attempting to threaten the Court into voting the way Congress dictates. I just do not see how intellectually they can reverse and the Court just may resent all the pressure and name-calling from Congress.
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