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SCOTUS Pledge of Allegance Case (merged)

And even if people trying to get rid of this stuff are being NITPICKY, on the other hand the people trying so hard to keep this stuff there are being ANTI-AMERICAN.

Americanism is solipsism.

You see in America the values that mean most to you, positive and negative, and that's probably a meta-value of America, and an effect of our robust freedoms, tremendous possibilities, and immense responsibilities.

Meaning, what is American to you is Anti-American to another American, and vice versa. And that's fine with me.


~OHM
 
[edit -oops, my post was supposed to go under Mahans]
Kids are still not compelled to recite anything, which is reasonable. To say they should not even have to hear others doing it is less so. Childeren will often be exposed to views, teachings and activities that are sometime contrary to their parents beliefs, this is the social reality of a broadbased public education system. Notwithstanding, an appeal to peer pressure as a factor in compliance to taking a pledge is more an argument against the pledge in general and not, I would think, it's wording.

Personally, however, I think this does represent a waste of time which lacks need for concern. Explaining why some people object so strongly to this appeal is simple is not a descriptor of its practical worth, inordinate controversy follows political descisions with religious implications as a fiat accompli. I just wonder, was SCOTUS labouring under such an inordinately light load that this represented the best use of their time? I generally think things like this produce outcomes of negligible worth, whilst providing fuel for all sorts of unneccesary invective which clouds politics, the media, the judiciary and the public while deracting attention from things which actually have practical significance of which, there is hardly a shortage.

This reeks of an act pandering to a progressive ideal, yet having the important distinction of acheiving nothing actually progressive.
 
OperatesHeavyMachinery said:
Americanism is solipsism.

You see in America the values that mean most to you, positive and negative, and that's probably a meta-value of America, and an effect of our robust freedoms, tremendous possibilities, and immense responsibilities.

Meaning, what is American to you is Anti-American to another American, and vice versa. And that's fine with me.


~OHM

Not by me. I understand where u're coming from.. and as i don't subscribe to nationalism on a high priority level, i do to a degree... and regardless if i hate your guts or not.. if you were born here, if you are a legal citizen here.. u're american to me.

i've heared the people who support the confederate flag and the accompanying culture as "unamerican".. liberals as "unamerican", and backlash towards Bush bed buddies as "unamerican".. and frankly... they all are American. You can't strip that away from someone just b/c you oppose their ideals, even if you think those ideals are detrimental to this country's well being. From whatever point of view.. the good, the bad, the ugly.. are all apart of this country and the diversity that the freedom has created is what makes America so fucken great and at times what makes it so bad.. but frankly.. its what makes America..America.
 
-Thoth said:
Kids are still not compelled to recite anything, which is reasonable. To say they should not even have to hear others doing it is less so. Childeren will often be exposed to views, teachings and activities that are sometime contrary to their parents beliefs...

Yeah, but see most of them aren't prohibited by the Constitution...

-Thoth said:
Notwithstanding, an appeal to peer pressure as a factor in compliance to taking a pledge is more an argument against the pledge in general and not, I would think, it's wording.

Again, you're ignoring the Constitution. It is a problem with the wording, because the Establishment Clause of the First Amendment says the government "shall make no law respecting an establishment of religion". The question, hence, is whether a law requiring the teacher to lead the class in a pledge "under God" is such a law.

The question of whether this particular student is injured is another question altogether -- it goes to standing, not the constitutionality of the law. Standing is the issue of whether this particular party has the power to invoke the jurisdiction of the court, which is different from the constitutionality of the law. (E.g. a law may be unconstitutional, but the party may have no standing because they are unaffected; conversely, a party may have standing to challenge a law even if it is constitutional.)

In the past, the Court has been particularly willing to allow standing for plaintiffs asserting the First Amendment. Whether they will do so here remains to be seen.


-Thoth said:
Personally, however, I think this does represent a waste of time which lacks need for concern. Explaining why some people object so strongly to this appeal is simple is not a descriptor of its practical worth, inordinate controversy follows political descisions with religious implications as a fiat accompli. I just wonder, was SCOTUS labouring under such an inordinately light load that this represented the best use of their time? I generally think things like this produce outcomes of negligible worth, whilst providing fuel for all sorts of unneccesary invective which clouds politics, the media, the judiciary and the public while deracting attention from things which actually have practical significance of which, there is hardly a shortage.

Again, I think you have failed to appreciate the constitutional significance of the issue. What you need to understand is that even if this case appears to be a waste of time to you, for this particular issue and/or party, the ruling will have a substantial effect on all kinds of laws in the future.

I agree that the Court may have more important issues to deal with, which is why I think this is politically motivated -- but the ultimate impact of the case will have a lot to do with how they write the opinion. They could end up issuing a holding which works a seachange in either the standing area, or in the Establishment Clause jurisprudence.

We're studying the case in a Supreme Court seminar I'm in. I'll have a lot more insight into it next week.
 
It's not clearly unconstitutional. Clearly unconstitutional would be a line in the constitution saying There shall be no mention of anything remotely religious in anything that has to do with government whatsoever, or something like that. But it doesn't say that, it's been left fairly vague and it's open for interpretation.

Personally, I wouldn't have added it, but the fact that people get so offended over TWO WORDS is incredible. It's not even referring to any one religion, the notion of "God" itself can be open to wide interpretation.

Sure, I disagree with it in principle, but would I bring a lawsuit before the courts and waste time and money trying to get it removed? Not until I'd solved all the other REAL problems society faces- like poverty, discrimination, hunger, crime, war, national debt, etc. It's symbolic and nothing else. There are far more important things to focus on, IMHO.
 
firzz, MA --

Certainly plenty of people on both sides have managed to convince themselves to care about whether the pledge includes "under God." My point is that they shouldn't, by any standard of reasonableness.

The whole issue reminds me of fights back in high school. Listening to people talk about it, it's exactly like two guys spoiling for a fight, getting up worked about some trivial issue just because they want to show the other one who's boss. In the context of national politics, that kind of stuff is doubly ridiculous.
 
*SWeeT-e* said:
It's not clearly unconstitutional. Clearly unconstitutional would be a line in the constitution saying There shall be no mention of anything remotely religious in anything that has to do with government whatsoever, or something like that. But it doesn't say that, it's been left fairly vague and it's open for interpretation.

Sure - which is why we have courts - where the question will be decided, appropriately.

*SWeeT-e* said:
Personally, I wouldn't have added it, but the fact that people get so offended over TWO WORDS is incredible. It's not even referring to any one religion, the notion of "God" itself can be open to wide interpretation.

How is it open to an atheist's interpretation? How about a polytheist?
 
zorn said:
Certainly plenty of people on both sides have managed to convince themselves to care about whether the pledge includes "under God." My point is that they shouldn't, by any standard of reasonableness.

The whole issue reminds me of fights back in high school. Listening to people talk about it, it's exactly like two guys spoiling for a fight, getting up worked about some trivial issue just because they want to show the other one who's boss. In the context of national politics, that kind of stuff is doubly ridiculous.

You all are only saying this because you aren't offended. I'm not terribly offended by it either, but I understand why others are.

Tell me, what if the pledge used the phrase "under Satan"? Do you think that if someone was offended by that, they would be reasonable to be offended? If so, what's the difference?
 
Not by me. I understand where u're coming from.. and as i don't subscribe to nationalism on a high priority level, i do to a degree... and regardless if i hate your guts or not.. if you were born here, if you are a legal citizen here.. u're american to me.

I meant more of 'what America means' to people more than the technical definition of what it means to be an American citizen. But I really don't think we were in more than a semantic disagreement here, because you go on to say:

i've heared the people who support the confederate flag and the accompanying culture as "unamerican".. liberals as "unamerican", and backlash towards Bush bed buddies as "unamerican".. and frankly... they all are American. You can't strip that away from someone just b/c you oppose their ideals, even if you think those ideals are detrimental to this country's well being. From whatever point of view.. the good, the bad, the ugly.. are all apart of this country and the diversity that the freedom has created is what makes America so fucken great and at times what makes it so bad.. but frankly.. its what makes America..America.

Which was a nice elaboration on the point I was trying to make. The liberals, the conservatives, and everyone in between and beyond have their own ideas of what freedom and liberty means, and what America means (whether they feel it lives up to those goals or not).

And the beauty is, the freedom of America would be substandard if all of these views were not valid extensions of Americanism.

As a side note, are any unholy prophesies fulfilled by us agreeing on an issue? ;)
 
Indeed, not only am I not offended but I do not think people should be offended. In fact I think it takes a fair bit of work to make oneself very offended by it. It's much the same as getting offended by the use of 'women' or 'history' (instead of 'womyn,' etc.) Don't get me wrong; if it were up to me I'd remove it from the Pledge. But I think the extent to which some people get worked up about, the invective you see in some arguments about it, is not only unwarranted (because it's such an unimportant issue) but actively harmful.

It adds to the widespread impression that defenders of the separation of church and state and "liberals" in general are partially motivated by an irrational hatred of religion and a desire to remove it entirely from public life.

Think about your average citizen, who's for separation of church and state but is at least vaguely religious. What's he going to think when he hears someone arguing about how having his daughter hear "under God" in the pledge is so offensive (even though his daughter opposes it, a fact widely repeated) that it's worth fighting a huge court battle over, to force everyone else to change or eliminate the thing entirely? When he hears it denounced as "religious indoctrination" and the inevitable hyperbolic comparisons brought up?

I think it's going to hurt us the next time a church-state separation issue comes up. It's the same way I think the 10 commandment judge's decision to defy a court order hurt his side. Otherwise sympathetic people who think a judge breaking the law is wrong will be less likely to support his "side" later. (note how many people will bring it up on this issue!)

I'm happy to see him lose support, though... I'm less happy to have to explain next time a church-state separation issue comes up that, no, most of us liberals don't hate religion, and no, this isn't like the pledge thing, it really is harmful to these people.
Mahan Atma said:
Tell me, what if the pledge used the phrase "under Satan"? Do you think that if someone was offended by that, they would be reasonable to be offended? If so, what's the difference?
I dunno, do you think it's equally reasonable to be offended by "Moslems worship Allah, just another word for God" as by "Moslems worship Allah, just another word for Satan"? Or "God hates gays" vs "God loves gays"?

In general, pledges, like all other kinds of verbal expression, change or lose their meaning when you begin making word substitutions, so "but what if changed some of these words around, then you'd think differently, wouldn't ya?" isn't a very effective argument. ;)

(inspiration from http://www.thepoorman.net/archives/001869.html )
 
zorn said:
It adds to the widespread impression that defenders of the separation of church and state and "liberals" in general are partially motivated by an irrational hatred of religion and a desire to remove it entirely from public life.

Are you saying that I shouldn't do the right thing, because misguided people are likely to misinterpret it? I don't buy it. I'm not going to let other peoples' stupidity set the limits of my doctrines. If people react badly to my position, that's their problem.

zorn said:
I dunno, do you think it's equally reasonable to be offended by "Moslems worship Allah, just another word for God" as by "Moslems worship Allah, just another word for Satan"? Or "God hates gays" vs "God loves gays"?

In general, pledges, like all other kinds of verbal expression, change or lose their meaning when you begin making word substitutions, so "but what if changed some of these words around, then you'd think differently, wouldn't ya?" isn't a very effective argument. ;)

(inspiration from http://www.thepoorman.net/archives/001869.html )

You're simply dodging the issue I raised.

The pledge would not be rendered meaningless by my substitution of words. If you don't like "under Satan", substitute "under no God". Has the pledge ceased to make sense? I don't think so. I simply substituted one faith for another.

So your response is itself a non-sequitur.

But I don't blame you - basically, you have no valid response to the point. The point is that of course it would be reasonable for people to be offended if we started pledging allegiance to Satan, or atheism, or whatever non-Judeo Christian tradition you wish to substitute.

You are simply not offended by "under God" (and project your own belief about this being "reasonable" onto others) because you are so accustomed to having the Judeo-Christian tradition being the default paradigm, regardless of whether you yourself are a believer.

But change the default to a non-traditional paradigm, and it becomes obvious how you've taken the status quo for granted.
 
good show MA :D


so far i havent heard a compelling arguement against leaving it out. it's weird how people claim it doesnt mean anything but still don't want it to be removed
 
You seem to be missing my point... I said:

If it were up to me I'd remove it from the Pledge. But I think the extent to which some people get worked up about, the invective you see in some arguments about it, is not only unwarranted (because it's such an unimportant issue) but actively harmful.

I support eliminating "under God." Hell I support eliminating the whole pledge -- it's kinda creepy to have children mindlessly reciting some creed they don't understand.

But I also think people who are tempted to go off an a tirade about how horrible and wrong this is and how could anyone ever even support it and it's pure religious indoctrination etc etc etc -- you don't seem to me to be one, MA -- should step back and chill out. This is a pretty marginal issue, and we oughtta keep some perspective.

Do you agree with me on that, Mahan?
If people react badly to my position, that's their problem.
All well and good, then, except we live in a democracy, so it can become your problem, too.

I don't hate religion, and I'm tired of fighting the perception that all atheists, or "liberals," or people who oppose any government sanction of religion, do. And I'm sure that perception hurts a lot of causes I and you probably both agree with.

I just wish people would say "well, you've got a point that it's sorta traditional, but still, separation of church and state and all, we shouldn't have kids reciting something that seems to say you have to believe in God to be an America" instead of "how can anyone defend this I don't know, this is religious indoctrination, pure and simple, it's just outrageous!" Because it ain't really that outrageous.
But I don't blame you - basically, you have no valid response to the point. The point is that of course it would be reasonable for people to be offended if we started pledging allegiance to Satan, or atheism, or whatever non-Judeo Christian tradition you wish to substitute. You are simply not offended by "under God" (and project your own belief about this being "reasonable" onto others) because you are so accustomed to having the Judeo-Christian tradition being the default paradigm.
First, Mahan, please don't presume to tell me what I believe or why I believe it, or whether or not I have a response. OK?

The relevant analogy would be if you lived in a country which had an established pledge that included something like "one nation, under the spirits of our ancestors." In neither case should you find it particularly offensive, let alone outrageous.

Argument by word-substitution is just cover for a (typically bad) analogy. They usually obscure the relevant facts of the case, while emphasizing irrelevant ones, which why I find them distasteful.

Here, the important fact isn't which religious tradition the Pledge draws from, but rather that its relatively bland nature, roots in the country's cultural traditions, and decades-old standing.
 
you don't have to 'hate' religion to want it removed from the pledge. Under God isnt outrageous.. but it is unconstitutional (in my eyes) and ought to be removed.
 
zorn said:
But I also think people who are tempted to go off an a tirade about how horrible and wrong this is and how could anyone ever even support it and it's pure religious indoctrination etc etc etc -- you don't seem to me to be one, MA -- should step back and chill out. This is a pretty marginal issue, and we oughtta keep some perspective.

Do you agree with me on that, Mahan?

Well frankly, you've re-phrased your position somewhat. If people are saying it's the worst evil there is, I'd agree that they are over-reacting. But my point is that it is a substantial enough issue so that someone is justified in challenging it in court.

zorn said:
All well and good, then, except we live in a democracy, so it can become your problem, too.

Well it isn't a pure democracy. One of the fundamental departures is that we have a Constitution that overrides majoritarian concerns. And one of those constitutional barriers is that between church and state. You can debate to what extent that barrier should exist, but the Constitution also leaves that decision up to the courts, not a democratic majority.

zorn said:
I don't hate religion, and I'm tired of fighting the perception that all atheists, or "liberals," or people who oppose any government sanction of religion, do. And I'm sure that perception hurts a lot of causes I and you probably both agree with.

I don't hate religion either, in fact I believe in God and I am a very spiritual person myself.

But Newdow has a right to not have his daughter subjected to state-sponsored religion, regardless of popular opinion (including yours). It's not up to me to say his own concerns re religion are not substantial enough to justify the consequences -- that's his personal decision to make, based on his beliefs and ideologies. And while you might not like the consequences of his lawsuit, that's the way the system works (and should work).


zorn said:
First, Mahan, please don't presume to tell me what I believe or why I believe it, or whether or not I have a response. OK?

I'm not presuming anything. I quoted your position pretty much verbatim - that it is "unreasonable" for someone to be offended by the "under God" phrase.

zorn said:
The relevant analogy would be if you lived in a country which had an established pledge that included something like "one nation, under the spirits of our ancestors." In neither case should you find it particularly offensive, let alone outrageous.

Argument by word-substitution is just cover for a (typically bad) analogy. They usually obscure the relevant facts of the case, while emphasizing irrelevant ones, which why I find them distasteful.

I don't find your reasoning at all persuasive. Spell it out. Please tell me why the word-substitution is irrelevant here. I read the link you posted, and I found the argument nonsensical. Perhaps you could outline it in a couple sentences if you disagree.

zorn said:
Here, the important fact isn't which religious tradition the Pledge draws from, but rather that its relatively bland nature, roots in the country's cultural traditions, and decades-old standing.

The phrase only appears "relatively bland" to you because, as I pointed out above, you're already so used to it being the paradigm.

Frankly, I don't see how the country's cultural traditions are relevant. We used to have a decades-old cultural tradition of racial intolerance, does that make it OK?
 
From the Ninth Circuit's opinion:

In the context of the Pledge, the statement that the United States is a nation "under God" is a profession of a religious belief, namely, a belief in monotheism. The recitation that ours is a nation "under God" is not a mere acknowledgment that many Americans believe in a deity. Nor is it merely descriptive of the undeniable historical significance of religion in the founding of the Republic. Rather, the phrase "one nation under God" in the context of the Pledge is normative. To recite the Pledge is not to describe the United States; instead, it is to swear allegiance to the values for which the flag stands: unity, indivisibility, liberty, justice, and--since 1954-- monotheism. A profession that we are a nation "under God" is identical, for Establishment Clause purposes, to a profession that we are a nation "under Jesus," a nation "under Vishnu," a nation "under Zeus," or a nation "under no god," because none of these professions can be neutral with respect to religion. The school district's practice of teacher-led recitation of the Pledge aims to inculcate in students a respect for the ideals set forth in the Pledge, including the religious values it incorporates.
 
It seems we mostly agree, then, except on the question of whether this is an issue worth fighting over. I do think, all else being equal, that it ought to be changed; my objection to the lawsuit is purely a political, utilitarian one.

Newdow is certainly entitled to sue whoever he wants. That's how the system works, and how it should work. And if I were a judge ruling on the issue, I'd strike the phrase as being an unconsitutional endorsement of religion.

But frankly, having "under God" in the pledge is basically innocuous. It's just not a very big deal unless you're spoiling for a fight. And given the immense amount of opposition and anger that fighting it generates, and the ensuing harm to liberal principles on issues that really matter -- this one just isn't worth picking a fight over. That's what I'm saying here; I'd say it to Newdow too if I knew him.

Sure, we shouldn't have to compromise on issues where we're right. It shouldn't matter whether the Pledge issue pisses off misguided or stupid people. But it does matter, unfortunately. Analogy: I don't think the Palestinians should have to give up the Right of Return; I don't think they should have had to accept the inequities in Barak's peace plan. But I still think they should have accepted it; I think Arafat was very, very wrong to reject it. This is a bit similar in kind, tho not degree.

MA, I'm not sure whether you disagree that 1) having "under God" in the pledge, though wrong, is relatively innocuous; 2) fighting to have the words removed is going to hurt liberal principles, and/or 3) decisions on which issues to fight on should take into account such utilitarian concerns.

Maybe you can clarify that for me, so we can focus on the points where we genuinely disagree?

---

My second major point was that a lot of the negative reaction is due to the degree of invective and apparent outrage shown by some people when these issues come up. IMO some of that stems from an irrational hatred of religion. A lot more is just like carrying a chip on one's shoulder; many people seem to be just aching to get into a fight to show they can change the pledge if they want, and the religious people just have to take it.

Obviously that's all just my personal impression; I can't argue for it, but I think it's something worth considering.
Mahan Atma said:
I don't find your reasoning at all persuasive. Spell it out. Please tell me why the word-substitution is irrelevant here. I read the link you posted, and I found the argument nonsensical. Perhaps you could outline it in a couple sentences if you disagree.
Thought I did. First, though, I want to emphasize my main argument is that having "under God" as part of the Pledge is largely harmless. This is the important thing IMO; whether or not it is "unreasonable" for anyone to find it offensive is a side detour I maybe should have avoided. I think it's more true than not, but I'm skeptical as to whether statements like "belief X is unreasonable" actually mean anything. That being said:

All such "arguments by word substitution" require us to believe that the subsituted statement is analagous to the original. ie, that the relevant characteristics of the situation are unchanged by the subsitution. In this particular case, there is the implicit argument "if it is unreasonable to be offended by a pledge containing 'under God,' then it is also unreasonable to be offended by a pledge containing 'under Satan.'" With me so far?

Now, I don't buy this here. I think the relevant conditions are as I mentioned: long standing, roots in historical tradition -- think Declaration of Independence, national anthem, etc -- and so on.

I submit that a much closer analogy would be if there were an established a Pledge containing "under the spirits of our ancestors" stemming from different traditional beliefs. That clearly is from a different religious paradigm; yet seems no more offensive to me, nor, I would think, to most people. This then implies that it's not my religious paradigm per se -- which in any case includes a lot of the Moslem "paradigm" -- but some other difference.

That word subsitution is quite often cover for a bad analogy is an empirical judgment; it's something I've personally noticed. The link was just for amusement value.
Frankly, I don't see how the country's cultural traditions are relevant. We used to have a decades-old cultural tradition of racial intolerance, does that make it OK?
Well, no. The tradition of racial intolerance is actively harmful in a way that the tradition of 'ceremonial deism' is not.
 
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