September 14, 2005
Earth to Justice Breyer
September 14, 2005 03:20 PM
Today, Judge Karlton of E.D. Cal ruled that he's bound by 9th Cir. precedent and must find the compulsive recitation of the pledge in public schools in violation of the establishment clause. Needless to say, those more versed in First Amendment jurisprudence will comment on the merits. I want to point out an instance of judicial frustration with one's supremes. In the last footnote to the opinion, Judge Karlton writes:
This court would be less than candid if it did not acknowledge that it is relieved that, by virtue of the disposition above, it need not attempt to apply the Supreme Court’s recently articulated distinction between those governmental activities which endorse religion, and are thus prohibited, and those which acknowledge the Nation’s asserted religious heritage, and thus are permitted. As last terms cases, McCreary County v. ACLU, 125 S.Ct. 2722, 2005 WL 1498988 (2005) and Van Orden v. Perry, 125 S.Ct. 2854, 2005 WL 1500276 (2005) demonstrate, the distinction is utterly standardless, and ultimate resolution depends of the shifting, subjective sensibilities of any five members of the High Court, leaving those of us who work in the vineyard without guidance. Moreover, because the doctrine is inherently a boundaryless slippery slope, any conclusion might pass muster. It might be remembered that it was only a little more than one hundred ago that the Supreme Court of this nation declared without hesitation, after reviewing the history of religion in this country, that “this is a Christian nation.” Church of the Holy Trinity v. United States, 143 U.S. 457, 471 (1892). As preposterous as it might seem, given the lack of boundaries, a case could be made for substituting “under Christ” for “under God” in the pledge, thus marginalizing not only atheists and agnostics, as the present form of the Pledge does, but also Jews, Muslims, Buddhists, Confucians,Sikhs, Hindus, and other religious adherents who, not only are citizens of this nation, but in fact reside in this judicial district.
1. Dr. Rex Curry showed that the USA's early Pledge of Allegiance (to the flag) used a straight-arm salute and it was the origin of the salute of the monstrous National Socialist German Workers' Party (Nazis). Dr. Curry helped to establish that it was not an ancient Roman salute, and that the "ancient Roman salute" is a myth. http://rexcurry.net/pledgesalute.html The myth is still repeated in modern efforts to cover-up Dr. Curry's discoveries about the Pledge's poisonous pedigree.
2. The original Pledge began with a military salute that then stretched out toward the flag. Historic photographs are at http://rexcurry.net/pledge2.html and at http://rexcurry.net/pledge_military.html In actual use, the second part of the gesture was performed with a straight arm and palm down by children casually performing the forced ritual chanting. Professor Curry showed that, due to the way that both gestures were used sequentially in the pledge, the military salute led to the Nazi salute. The Nazi salute is an extended military salute. http://rexcurry.net/book1a1contents-pledge.html
3. Francis Bellamy (author of the "Pledge of Allegiance") and Edward Bellamy (author of the novel "Looking Backward") and Charles Bellamy (author of "A Moment of Madness") were socialists. Edward and Charles were brothers, and Francis was their cousin. Francis and Edward were both self-proclaimed National Socialists and they supported the "Nationalism" movement in the USA, the "Nationalist" magazine, the "Nationalist Educational Association," and their dogma of "military socialism," and Edward inspired the "Nationalist Party" (in the USA) and their dogma influenced socialists worldwide (including Germany) via “Nationalist Clubs.” http://rexcurry.net/bellamy-edward-german-connections.html The Pledge was the origin of the Nazi salute. "Nazi" means "National Socialist German Workers' Party." A mnemonic device is the swastika. Although the swastika was an ancient symbol, Professor Curry discovered that it was also used sometimes by German National Socialists to represent "S" letters for their "socialism." Curry changed the way that people view the symbol of the horrid National Socialist German Workers' Party. Hitler altered his own signature to use the same stylized "S" letter for "socialist" and similar alphabetic symbolism still shows on Volkswagens. http://rexcurry.net/book1a1contents-swastika.html