| FINDINGS
Pub. L. 107-293, Sec. 1, Nov. 13, 2002, 116 Stat.
2057, provided that: "Congress finds the following:
"(1) On November 11, 1620, prior to embarking for the
shores of America, the Pilgrims signed the Mayflower
Compact that declared: 'Having undertaken, for the Glory
of God and the advancement of the Christian Faith and
honor of our King and country, a voyage to plant the
first colony in the northern parts of Virginia,'.
"(2) On July 4, 1776, America's Founding Fathers,
after appealing to the 'Laws of Nature, and of Nature's
God' to justify their separation from Great Britain,
then declared: 'We hold these Truths to be self-evident,
that all Men are created equal, that they are endowed by
their Creator with certain unalienable Rights, that
among these are Life, Liberty, and the Pursuit of
Happiness'.
"(3) In 1781, Thomas Jefferson, the author of the
Declaration of Independence and later the Nation's third
President, in his work titled 'Notes on the State of
Virginia' wrote: 'God who gave us life gave us liberty.
And can the liberties of a nation be thought secure when
we have removed their only firm basis, a conviction in
the minds of the people that these liberties are of the
Gift of God. That they are not to be violated but with
His wrath? Indeed, I tremble for my country when I
reflect that God is just; that his justice cannot sleep
forever.'
"(4) On May 14, 1787, George Washington, as President
of the Constitutional Convention, rose to admonish and
exhort the delegates and declared: 'If to please the
people we offer what we ourselves disapprove, how can we
afterward defend our work? Let us raise a standard to
which the wise and the honest can repair; the event is
in the hand of God!'
"(5) On July 21, 1789, on the same day that it
approved the Establishment Clause concerning religion,
the First Congress of the United States also passed the
Northwest Ordinance, providing for a territorial
government for lands northwest of the Ohio River, which
declared: 'Religion, morality, and knowledge, being
necessary to good government and the happiness of
mankind, schools and the means of education shall
forever be encouraged.'
"(6) On September 25, 1789, the First Congress
unanimously approved a resolution calling on President
George Washington to proclaim a National Day of
Thanksgiving for the people of the United States by
declaring, 'a day of public thanksgiving and prayer, to
be observed by acknowledging, with grateful hearts, the
many signal favors of Almighty God, especially by
affording them an opportunity peaceably to establish a
constitution of government for their safety and
happiness.'
"(7) On November 19, 1863, President Abraham Lincoln
delivered his Gettysburg Address on the site of the
battle and declared: 'It is rather for us to be here
dedicated to the great task remaining before us that
from these honored dead we take increased devotion to
that cause for which they gave the last full measure of
devotion that we here highly resolve that these dead
shall not have died in vain that this Nation, under
God, shall have a new birth of freedom and that
Government of the people, by the people, for the people,
shall not perish from the earth.'
"(8) On April 28, 1952, in the decision of the
Supreme Court of the United States in Zorach v. Clauson,
343 U.S. 306 (1952), in which school children were
allowed to be excused from public schools for religious
observances and education, Justice William O. Douglas,
in writing for the Court stated: 'The First Amendment,
however, does not say that in every and all respects
there shall be a separation of Church and State. Rather,
it studiously defines the manner, the specific ways, in
which there shall be no concern or union or dependency
one on the other. That is the common sense of the
matter. Otherwise the State and religion would be aliens
to each other hostile, suspicious, and even
unfriendly. Churches could not be required to pay even
property taxes. Municipalities would not be permitted to
render police or fire protection to religious groups.
Policemen who helped parishioners into their places of
worship would violate the Constitution. Prayers in our
legislative halls; the appeals to the Almighty in the
messages of the Chief Executive; the proclamations
making Thanksgiving Day a holiday; "so help me God" in
our courtroom oaths these and all other references to
the Almighty that run through our laws, our public
rituals, our ceremonies would be flouting the First
Amendment. A fastidious atheist or agnostic could even
object to the supplication with which the Court opens
each session: "God save the United States and this
Honorable Court." '
"(9) On June 15, 1954, Congress passed and President
Eisenhower signed into law a statute that was clearly
consistent with the text and intent of the Constitution
of the United States, that amended the Pledge of
Allegiance to read: 'I pledge allegiance to the Flag of
the United States of America and to the Republic for
which it stands, one Nation under God, indivisible, with
liberty and justice for all.'
"(10) On July 20, 1956, Congress proclaimed that the
national motto of the United States is 'In God We
Trust', and that motto is inscribed above the main door
of the Senate, behind the Chair of the Speaker of the
House of Representatives, and on the currency of the
United States.
"(11) On June 17, 1963, in the decision of the
Supreme Court of the United States in Abington School
District v. Schempp, 374 U.S. 203 (1963), in which
compulsory school prayer was held unconstitutional,
Justices Goldberg and Harlan, concurring in the
decision, stated: 'But untutored devotion to the concept
of neutrality can lead to invocation or approval of
results which partake not simply of that noninterference
and noninvolvement with the religious which the
Constitution commands, but of a brooding and pervasive
devotion to the secular and a passive, or even active,
hostility to the religious. Such results are not only
not compelled by the Constitution, but, it seems to me,
are prohibited by it. Neither government nor this Court
can or should ignore the significance of the fact that a
vast portion of our people believe in and worship God
and that many of our legal, political, and personal
values derive historically from religious teachings.
Government must inevitably take cognizance of the
existence of religion and, indeed, under certain
circumstances the First Amendment may require that it do
so.'
"(12) On March 5, 1984, in the decision of the
Supreme Court of the United States in Lynch v. Donelly,
465 U.S. 668 (1984), in which a city government's
display of a nativity scene was held to be
constitutional, Chief Justice Burger, writing for the
Court, stated: 'There is an unbroken history of official
acknowledgment by all three branches of government of
the role of religion in American life from at least 1789
. . . [E]xamples of reference to our religious heritage
are found in the statutorily prescribed national motto
"In God We Trust" (36 U.S.C. 186) [now 36 U.S.C. 302],
which Congress and the President mandated for our
currency, see (31 U.S.C. 5112(d)(1) (1982 ed.)), and in
the language "One Nation under God", as part of the
Pledge of Allegiance to the American flag. That pledge
is recited by many thousands of public school children
and adults every year . . . Art galleries supported by
public revenues display religious paintings of the 15th
and 16th centuries, predominantly inspired by one
religious faith. The National Gallery in Washington,
maintained with Government support, for example, has
long exhibited masterpieces with religious messages,
notably the Last Supper, and paintings depicting the
Birth of Christ, the Crucifixion, and the Resurrection,
among many others with explicit Christian themes and
messages. The very chamber in which oral arguments on
this case were heard is decorated with a notable and
permanent not seasonal symbol of religion: Moses
with the Ten Commandments. Congress has long provided
chapels in the Capitol for religious worship and
meditation.'
"(13) On June 4, 1985, in the decision of the Supreme
Court of the United States in Wallace v. Jaffree, 472
U.S. 38 (1985), in which a mandatory moment of silence
to be used for meditation or voluntary prayer was held
unconstitutional, Justice O'Connor, concurring in the
judgment and addressing the contention that the Court's
holding would render the Pledge of Allegiance
unconstitutional because Congress amended it in 1954 to
add the words 'under God,' stated 'In my view, the words
"under God" in the Pledge, as codified at (36 U.S.C.
172) [now 4 U.S.C. 4], serve as an acknowledgment of
religion with "the legitimate secular purposes of
solemnizing public occasions, [and] expressing
confidence in the future." '
"(14) On November 20, 1992, the United States Court
of Appeals for the 7th Circuit, in Sherman v. Community
Consolidated School District 21, 980 F.2d 437 (7th Cir.
1992), held that a school district's policy for
voluntary recitation of the Pledge of Allegiance
including the words 'under God' was constitutional.
"(15) The 9th Circuit Court of Appeals erroneously
held, in Newdow v. U.S. Congress (9th Cir. June 26,
2002), that the Pledge of Allegiance's use of the
express religious reference 'under God' violates the
First Amendment to the Constitution, and that,
therefore, a school district's policy and practice of
teacher-led voluntary recitations of the Pledge of
Allegiance is unconstitutional.
"(16) The erroneous rationale of the 9th Circuit
Court of Appeals in Newdow would lead to the absurd
result that the Constitution's use of the express
religious reference 'Year of our Lord' in Article VII
violates the First Amendment to the Constitution, and
that, therefore, a school district's policy and practice
of teacher-led voluntary recitations of the Constitution
itself would be unconstitutional."
United States Code Title 36 Chapter 3 National
Anthem, Motto, Floral Emblem, and March
§301. National anthem; Star-Spangled Banner
- The composition consisting of the words and music
known as The Star-Spangled Banner is designated the
national anthem of the United States of America.
- Conduct during playing During rendition of the
national anthem
- when the flag is displayed
- all present except those in uniform should
stand at attention facing the flag with the right
hand over the heart;
- men not in uniform should remove their
headdress with their right hand and hold the
headdress at the left shoulder, the hand being
over the heart; and
- individuals in uniform should give the
military salute at the first note of the anthem
and maintain that position until the last note;
and
- when the flag is not displayed, all present
should face toward the music and act in the same
manner they would if the flag were displayed.
§302. National motto
"In God we trust" is the national motto.
§303. National floral emblem
The flower commonly known as the rose is the national
floral emblem.
§304. National march
The composition by John Philip Sousa entitled "The
Stars and Stripes Forever" is the national march. |