Expert: Michael Troy - 12/9/2006

Question
The statement "under god" in the pledge of allegiance can come into conflict with the first amendment.  I would like it if you could give me some examples of parts of the first amendment that would conflict with it (such as specific clauses) and tell my in short why they conflict.  If you could answer this for me, it would be a big help!!!

Thanks
-Stelera

Answer
Hi Stelera,

The First Amendment prohibits Congress from making any "law respecting an establishment of religion."  The Supreme Court has interpredted this "Establishment clause" to mean government cannot do anything which would encourage religion among the people in any way.  By encouraging people to proclaim that the US is "one nation under God" many people argue the government is doing just that.

For more on this argument, you may find this site helpful:

http://www.undergodprocon.org/pop/1stAmend.htm

The Supreme Court recently addressed this issue.  Although they did not really reach the Constitutional question, you can read the legal briefs and the lower court discussions of the issue here:

http://www.firstamendmentcenter.org/faclibrary/case.aspx?case=Elk_Grove_Unified_...

I hope this helps!
- Mike