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SRES 378 ATS
Mr. CORNYN (for himself, Mrs. FEINSTEIN, Mr. CRAIG, Mr. GRASSLEY, Mr. CHAMBLISS, Mr. GRAHAM of South Carolina, and Mr. DEWINE) submitted the following resolution; which was considered and agreed to
Whereas the United States flag is a unique symbol of the United States and its ideals;
Whereas millions of Americans instinctively look to the United States flag with reverence, in times of national crisis and triumph alike;
Whereas no other American symbol has been as universally honored as the United States flag;
Whereas the United States flag has always played a unique role in honoring the men and women of the Armed Forces who have died in defense of the United States;
Whereas to the countless families of loved ones who have died in defense of the United States, the United States flag is a treasured possession and a poignant memory of their loss;
Whereas the Second Continental Congress adopted the Stars and Stripes as the official flag of the United States on June 14, 1777;
Whereas Congress has designated June 14 as Flag Day (36 U.S.C. 110);
Whereas the Pledge of Allegiance is recited by millions of Americans who wish to demonstrate their loyalty and allegiance to the flag of the United States and to the republic for which it stands;
Whereas President Eisenhower signed into law the modern version of the Pledge of Allegiance on June 14, 1954 (Joint Resolution entitled `Joint Resolution to amend the pledge of allegiance to the flag of the United States of America', Public Law 83-396, approved June 14, 1954), making Flag Day, 2004, the 50th anniversary of the modern version of the Pledge of Allegiance;
Whereas a 3-judge panel of the United States Court of Appeals for the Ninth Circuit ruled in Newdow v. United States Congress, 328 F.3d 466 (9th Cir. 2002), that the words `under God' in the Pledge of Allegiance violate the establishment clause of the first amendment of the Constitution of the United States when recited voluntarily by students in public schools;
Whereas on June 14, 2004, the Supreme Court issued a decision, Elk Grove Unified School District v. Newdow (docket number 02-1624), that reversed the decision of the United States Court of Appeals for the Ninth Circuit in the Newdow case solely on procedural grounds, but that leaves unresolved whether the Supreme Court agrees with the decision of the United States Court of Appeals for the Ninth Circuit to strike down the Pledge of Allegiance as unconstitutional;
Whereas Congress, in 1954, believed that it was acting constitutionally when it revised the Pledge of Allegiance;
Whereas the Senate believes that the Pledge of Allegiance, as revised in 1954 and as recodified in 2002 (4 U.S.C. 4), is a fully constitutional expression of patriotism; and
Whereas the Senate has twice acted by unanimous consent to authorize the Senate Legal Counsel to defend the constitutionality of the Pledge of Allegiance in the Federal courts (Senate Resolution 134, 108th Congress, agreed to May 8, 2003, and Senate Resolution 292, 107th Congress, agreed to June 26, 2002): Now, therefore, be it
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