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Nov 09 2011

Michigan GOP Wants Mandatory Pledge

Michigan state Sen. Roger Kahn (R-Saginaw) has submitted a bill, SB 637, that would require all public school districts in the state of Michigan to require each and every student to recite the Pledge of Allegiance every day. The bill says:

THE BOARD OF A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT OR BOARD OF DIRECTORS OF A PUBLIC SCHOOL ACADEMY SHALL ENSURE THAT EACH PUPIL IN EACH PUBLIC SCHOOL IT OPERATES IS REQUIRED TO RECITE THE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES EACH SCHOOL DAY.

This is pure pandering. If the legislation passes, it would be struck down immediately. The Supreme Court ruled almost 70 years ago that it was unconstitutional to require a public school student to say the Pledge, in one of the most famous rulings it has ever handed down.

The case was West Virginia v Barnette and it involved a Jehovah’s Witness family that objected to swearing oaths on religious grounds. Justice Robert Jackson, who was later a prosecuting attorney at the Nuremberg Trials, delivered the opinion and included one of the most eloquent and famous passages in the history of the court:

If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us.

We think the action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control.

The bill has numerous co-sponsors, all of them Republican. And since the Republicans have a supermajority in the Michigan Senate, they can certainly pass the bill if they want to. But frankly, I suspect they don’t really want to. They know it would be pointless. But by submitting it, they can then point to it as patriotic legislation. It is anything but patriotic, of course.

45 comments

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  1. 1
    otrame

    Well, most of them know it is a waste of time. A few probably don’t because they are ignorant bigots.

  2. 2
    Ellie

    Does Mr. Kahn also wish to bring back the original salute? A little early for Godwin, I know, but I couldn’t resist.

  3. 3
    Mr Ed

    Bill seems a bit week. It requires the school to have children say the pledge but it fails to give immunity to school officials who have to resort to “enhanced” methods. I mean if little Johnny wants to stand in respectful silence can we tase him into reciting the pledge?

  4. 4
    slc1

    To quote the British critic, Samuel Johnson, patriotism is the last refuge of the scoundrel.

  5. 5
    precaf

    They won’t be happy until everyone swears allegiance to something “under God” but what they’d really prefer is “under our Lord Jesus”. And if a little Muslim kid in Dearborn used the word “Allah” instead of “God” they’d have a coronary.

    Can’t we just concentrate on bringing up math and English proficiency in Michigan?

  6. 6
    had3

    Alas, I fear there are no fixed stars in any constellation, including our constitutional one. At some point, if we are insufficiently vigil, this pandering goes from ridiculous, to silly, to “agree to disagree,” to moderately acceptable, to “normal.” That’s how torture became as American as apple pie.

  7. 7
    dogmeat

    And people wonder why I utterly despise the pledge…

  8. 8
    Francisco Bacopa

    And if a little Muslim kid in Dearborn used the word “Allah” instead of “God” they’d have a coronary.

    Which is odd because thousands of Arabic speaking Christian communities use “Allah” where we would say “God” or “The Lord”. I really do hope some Muslim kids start inserting some Arabic equivalent of “under God” into the Pledge.

  9. 9
    Larry

    Cuz there’s nothing like a little enforced recitation of some words to instill patriotism, jingoism, and love of jebus.

  10. 10
    D. C. Sessions

    Ed, they figure that they already have Roe v. Wade as good as reversed. The Court may not have had a chance to actually hand down the ruling, but only because everyone knows how it’ll turn out so they don’t dare challenge State laws against abortion.

    So, that battle being won, they need some other red meat for the hordes. West Virginia v Barnette is one, and of course there’s O’Hair v. Board of Education. Once those are cleared up, there are plenty of other radical socialist commie fascist rulings that will need to be dealt with.

  11. 11
    fastlane

    In the rare instance I’ve been somewhere where this jingoistic fealty pledge is being performed, I either make a point of sitting through it, or I say “Indivisible” very loudly while most everyone else is saying under gawd.

    Generally, though, I avoid the type of idiotic places where the exercise is carried out.

  12. 12
    gshelley

    I saw this yesterday. They seem to think they get round the unconstitutional aspect by allowing parents an opt-out

  13. 13
    danielrudolph

    Nothing says freedom like a mandatory loyalty oath.

  14. 14
    Randomfactor

    To quote the British critic, Samuel Johnson, patriotism is the last refuge of the scoundrel.

    “With all due respect to an enlightened but inferior lexicographer I beg to submit that it is the first.”
    –Ambrose Bierce, The Devil’s Dictionary.

  15. 15
    DuWayne

    I vote that until our economy is functional again, our legislature shouldn’t be allowed to play these sorts of stupid fucking games.

  16. 16
    carolw

    “I pledge eight leech ants to the flag of the united states of a merry cup. And to the free cufflinks, for Richard Sands, one naked, underdog, with puberty and chopsticks for all.”

  17. 17
    MikeMa

    I’d like to see an enlightened (and independently wealthy) civics teacher really teach the constitution and suggest a little civil disobedience. You’d have a large portion of an assembly sit down and stay quiet during a mandatory pledge and watch the insanity that follows.

  18. 18
    davidct

    I am still opposed the the pledge because I consider requiring recitation is a violation of the separation of church and state. I have not recited the pledge since it was transformed into a prayer. The conservative spirit of Joe McCarthy is back. Isn’t it wonderful.

  19. 19
    chisaihana5219

    My generation recited the pledge every morning in school for 12 years.Then we graduated and protested the Vietnam war and burned draft cards. That pledge worked so well!

  20. 20
    naturalcynic

    @slc1:
    Dr. Johnson didn’t know the American character. It seems that patriotism is the first refuge of the American scoundrel.

  21. 21
    Randomfactor

    “…with liberty and justice for almost everyone.”

  22. 22
    magistramarla

    When I was teaching in Texas, I once had a student who was a foreign exchange student from Spain.
    She was in the class of a certain coach during the first period. This coach forced her to recite the pledge of allegiance and to observe “the moment of silence”. He didn’t seem to recognize the fact that she was not a US citizen!
    She was upset, and worked with her counselor to switch to my first hour class.
    I never paid any attention whether my students were reciting the pledge or not – it was entirely their choice in my classroom, and I always left out the “under Gawd” part myself. Some of my more progressive students noticed, and did the same.
    I always used the “moment of silence” time to quietly take attendance so that we could start work quickly after. Once again, it was entirely up to my students whether they actually observed the “moment of silence” nonsense. Since it was Texas, there were always a few who stood with their hands in the air, praying, but most of my students sat down and paid no attention to it.

  23. 23
    fifthdentist

    @ fastlane

    I can’t avoid that jingoistic exercise on occasions, and I do the same except I close my mouth firmly when everyone else is saying “under dog.”

    @ carlow
    “I plead alliance, to the flakes of the untitled snakes of a merry cow; and to the Republicans for which they scam. One nacho, underpants, with licorice and jugs of wine for owls.” — From Matt Groening’s old comic series “Life in Hell.”

  24. 24
    Timothy (TRiG)

    A Jehovah’s Witness family that objected to swearing oaths on religious grounds.

    Not quite. The objection was, specifically, to swearing any form of allegiance to any country. This objection is based on a reading of Jesus’ words about his kingdom being “no part of this world”. The Witnesses don’t do politics.

    TRiG (ex-Witness).

  25. 25
    Ed Brayton

    gshelley wrote:

    I saw this yesterday. They seem to think they get round the unconstitutional aspect by allowing parents an opt-out

  26. 26
    dochopper

    VOTE FOR ME
    VOTE FOR ME
    VOTE FOR ME.

    Sorry I had my Texas Bull SH*T filter turned on and that is all I could get from the article .

  27. 27
    eric

    This is like the national bill on the motto.

    Legislators are running scared: they know they can’t pass any substantive bills or fix people’s problems, so they distract with symbolic apple pie legislation.

  28. 28
    hotshoe

    I think any legislator who votes for that bill should be shot for treason. Okay, maybe not shot, but they certainly are unfit to hold office if they choose to vote against their oath to uphold the constitution. How much worse could any external enemy be than the snakes who are trying to destroy the USA from within by destroying its freedoms ? Remove the snakes.

    Oh, Michigan, I weep for you.

  29. 29
    umlud

    Living in Ann Arbor, I know that there are a number of students who are in the public schools whose parents are not American (and the students might not be American, either). Wouldn’t such a law be deemed unconstitutional, because it is forcing a foreign national to essentially swear an oath of allegiance to another country, something that (as far as I know) is not a power that state governments have?

    Also, if American students living in another country were forced to pledge allegiance to that country’s symbols of nationhood, then I’m not sure that the GOP would be so sanguine about it, especially considering the snit that many conservatives are throwing about with the pledge of allegiance to Mexico being part of a Spanish language assignment in one Texas school. (Seriously, do a google search for “American student, pledge of allegiance, Mexico”, and you’ll find so much right-wing hyperbole about one school’s teacher’s lesson plan that included memorization of the Mexican pledge and anthem.)

  30. 30
    Aquaria

    But but but those countries aren’t real. Wait–that’s the argument they use for other religions.

    I know!

    But but but those countries aren’t America.

    There we go. More in line with conservatard “thinking”.

  31. 31
    richardelguru

    Randomfactor

    “…with liberty and justice for almost everyone.”

    Surely just for the 1%

  32. 32
    gshelley

    erm Ed..
    Did you forget the reply? You quoted my earlier post, but I don’t see any comment on it

  33. 33
    eric

    My view on mandatory Pledge in schools: excellent idea for cleaning lunch tables. Not so good for cleaning students.

  34. 34
    had3

    And why in the world would anyone pledge allegiance to a piece of cloth? As far as pledges go, it would make sense to pledge allegiance to America, independent of its symbols; but to a piece of cloth is a pretty bizarre thing to deserve a pledge.

  35. 35
    Michael Heath

    gshelley:

    You quoted my earlier post, but I don’t see any comment on it

    I suspect Ed was going to cite you the holding response as to why providing parents an opt-out fails to meet the equal protection clause. That’s because it treats those students opting out as second-class citizens in a forum where the pledge is recited amongst an effectively captive audience. I.e., by shunning them in a government-sponsored event.

  36. 36
    Midnight Rambler

    The Supreme Court ruled almost 70 years ago that it was unconstitutional to require a public school student to say the Pledge, in one of the most famous rulings it has ever handed down.

    And a lot of us know how well that went. We still had to do it every day in the 80′s, and that was in the notorious conservative bastion of Massachusetts. Along with a “moment of silence”, which was intended to be a stand-in for school prayer but which we students used to delay school (a full minute of quiet had to elapse, so we would watch the clock and someone would quietly speak just before the end, resetting the countdown until the teacher got impatient).

  37. 37
    bahrfeldt

    First, let me second chisaihana5219′s comment above at 19. Any hoped for meaning was lost through the constant mindless repetition.

    As I remind some of my colleagues, St. Reagan went through his entire academic and military careers without saying “under God” as part of the pledge.

    But isn’t God just the job title? Like King or President? And we use the word God because otherwise we might unknowingly use his name in vain? Even when pledging to him? Nope, no hangups here.

  38. 38
    bananacat

    I was a pretty devout Christian in high school. I wasn’t obsessed with it but I went to church regularly and joined the school’s Christian club. But I never said the pledge of allegiance because it felt like idolatry to me. Why does this man hate Christians?

  39. 39
    Dr X

    We hate government. We hate big intrusive government. And we’re going to make you recite words of worship for the government. We can make you do it because we hate government, but we are the government and you should worship the government, even though you should hate government.

    Something like that.

  40. 40
    Aquaria

    Rod Serling (yes, that one) pretty much sums up my view of these ridiculous loyalty oaths, in a 1968 speech he made at Moorpark College:

    There seem to have arisen some complications relevant to my appearance here this evening that should be clarified before I begin. Plainly and simply. I refused to sign a loyalty oath which was submitted to me as a prerequisite both for my appearance and my pay. I gather that your local newspaper and some of its readers read dire and menacing implications in this refusal of mine, and I broach the whole thing only by way of a kind of personal disclaimer.

    Number one, I have no interest in overthrowing the government of the United States and number two, to the best of my knowledge I have not or am not now a member of a subversive organization whose aims are similar. I know there are many of you out there who’ve put me in a genetic classification of someplace between a misanthropic kook and an ungracious dope. Actually, I’m neither. I did not sign the loyalty oath and I waived my normal speaking fee, only because of a principle. I think a requirement that a man affix his signature to a document, reaffirming loyalty, in on one hand ludicrous—and on the other demeaning.

    A time-honored concept of Anglo-Saxon justice declares that a man is innocent until proven guilty. I believe that in a democratic society a man is similarly loyal until proven disloyal. No testaments of faith, no protestations of affection for his native load, and no amount of signatures will prove a bloody thing—one way or the other as to a man’s patriotism or lack thereof. The concept of the loyalty oath is a new one in the United States—in its present form it dates back less than twenty years. It’s been around for a number of decades in different countries under decidedly different forms of government. It was a requirement in Nazi Germany and in Fascist Italy, and is currently a prerequisite for the status of citizenship in the Soviet Union.

    Under dictators, the so-called loyalty oath is a necessary adjunct to a relationship between man and his government. Both the Fascists and the Communists have a pathological distrust of their own people. To require a signature under an oath of allegiance seems to me or presume guilt and an attendant disloyalty. I simply can’t honor that kind of premise—and I won’t honor it. And it’s for that reason that I did not sign the oath required of me to speak here for pay. But parenthetically it might be noted that if indeed, I were hell bent to subvert the government of the United States, I would certainly have no qualms about signing anything.

    Emphases mine.

  41. 41
    Aquaria

    Ignore the spelling grammatical errors in that one. I copied it from the Rod Serling site, and there were so many mistakes in the transcript that I would have broken my fingers typing [Sic] enough times to cover them all.

  42. 42
    DaveL

    Living in Ann Arbor, I know that there are a number of students who are in the public schools whose parents are not American (and the students might not be American, either). Wouldn’t such a law be deemed unconstitutional, because it is forcing a foreign national to essentially swear an oath of allegiance to another country, something that (as far as I know) is not a power that state governments have?

    If it were me, I’d go ahead and recite the Pledge of Allegiance. I’d love to see the looks I get by the time I got to “Her heirs and successors according to law.”

  43. 43
    democommie

    Looky here, y’all. Pledging allegiance to the FLAG is of the utmost importance. Else, otherwise, how we goin git ya to pledge allegiance to the NumurKKKin Flag of the Confuserated States of the Risen South? We ain’t goin be whistlin “Dixis”, it’ll be the national anthem!

  44. 44
    wheatdogg

    A better use of the time would be for the kids to recite the Gettysburg address, the pythagorean theorem or the quadratic formula. Or Dr Seuss.

  45. 45
    dogmeat

    I’d like to see an enlightened (and independently wealthy) civics teacher really teach the constitution and suggest a little civil disobedience. You’d have a large portion of an assembly sit down and stay quiet during a mandatory pledge and watch the insanity that follows.

    Actually I do this every year. It is rather amusing because other teachers will comment that I must be covering civil liberties again because students stop saying the pledge every year when we discuss it, it’s history, etc. We always talk about various protests, the purpose of civil disobedience and protests, etc. What makes it even more fun is that I happen to teach in a doubly conservative area, both religious and pro-military conservatives abound. ;o)

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