Press Enterprise: Pledge pandering

[question everything]

September 27, 2004

The Press-Enterprise

When Congress sets out to protect the nation from federal courts, it's time to hide the Constitution in a safe place until the wave of political pandering passes.

The House last week passed legislation stripping the federal courts of jurisdiction over the Pledge of Allegiance. The bill stemmed from a legal challenge to the words "under God" in the Pledge, which the Supreme Court in June rebuffed on narrow grounds. Some politicians fear that means the high court might eventually find the phrase unconstitutional. But Congress encroaches on the constitutional separation of powers at the nation's risk. In 1803, the high court asserted its authority to rule on the constitutionality of the nation's laws. Congress may have some power to limit federal court jurisdiction, but trying to exert that power could easily cause a constitutional crisis.

That might be necessary in a case of great importance, but the Pledge bill is about political posturing, not national imperatives. No one expects this bill or similar legislation on hot-button issues to pass the Senate; it's all for show.

However people feel about the Pledge, it simply doesn't rise to the level of importance necessary for constitutional meddling - and Congress should recognize that.

Online at: http://www.pe.com/localnews/opinion/editorials/stories/PE_OpEd_Opinion_op_27_ed_pledge.f562.html