Abstract
This Note examines the history surrounding the introduction of the Pledge into American culture, the 1954 Act adding "under God" to the Pledge, and the Supreme Court cases that directly impact the present challenge to the Pledge in public elementary schools. Part II analyzes the political climate at the time of the Pledge's conception and throughout its process of evolution. It also considers public support for and opposition to the Pledge throughout its history. Part III examines the analyses and holdings in prior Pledge challenges, as well as the analogous cases in which the Supreme Court announced various "tests" to determine whether a government action violates the Establishment Clause. Part IV compares two circuit court opinions related to Pledge challenges: Sherman and Newdow. Part V weighs the arguments for and against having public school teachers lead students in the Pledge. Finally, Part VI considers the Supreme Court's alternatives and concludes that, under the Court's current jurisprudence, a teacher-led recitation of the current Pledge in public schools violates the Establishment Clause.
How to Cite
46 Ariz. L. Rev. 379 (2004)
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