Is the Pledge of Allegiance Unconstitutional?

A federal judge in Sacramento ruled Wednesday that it is unconstitutional to recite the Pledge of Allegiance in public schools. U.S. District Judge Lawrence Karlton ruled that the pledge’s reference to one nation “under God” violates the right of children in the public schools to be “free from a coercive requirement to affirm God.” Once again, the driving force behind this case is Michael Newdow–the atheist attorney and medical doctor who won a similar decision at the 9th U.S. Circuit Court of Appeals in 2002.

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The Culture of Freedom and the Future of Marriage

In “The Court, the Constitution, and the Culture of Freedom,” Peter Berkowitz argues that an expansive concept of human liberty lies behind the Supreme Court’s tradition of jurisprudence. He goes on to argue that this progressive understanding of human freedom is likely to mean that the nation’s high court will one day decide that access to same-sex marriage is nothing less than a right guaranteed under the U.S. Constitution.

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The Rehnquist Court and American Constitutionalism

The death of Chief Justice William H. Rehnquist brings to a close one of the most tumultuous and historic eras in the history of the U.S. Supreme Court. Chief Justice Rehnquist died Saturday at the age of 80, after an almost year-long fight against thyroid cancer. His total term on the bench, including fourteen years as an associate justice, ranks him among the longest-serving jurists ever to serve on the nation’s highest court.

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