Law & Courts

Campaign Notebook

March 31, 2004 3 min read
  • Save to favorites
  • Print

Democrats Speak Softly In the Debate Over Wording Of Pledge of Allegiance

Election 2004

Pledge of Allegiance controversy? What Pledge of Allegiance controversy?

Anyone who followed the Democratic presidential campaign while its outcome was in contention last year and early this year would have been hard pressed to find references by the candidates to the flap over the words “under God” in the pledge.

It appears the Democrats saw little to gain and much to lose by wading into the debate over the opinion by a panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, that struck down teacher-led recitations of the pledge two years ago.

The case is now in the hands of the U.S. Supreme Court, which heard oral arguments last week in Elk Grove Unified School District v. Newdow.

The Democrats may have been keeping in mind the experience of their party’s 1988 nominee, then-Gov. Michael S. Dukakis of Massachusetts. Mr. Dukakis was slammed, to great effect, by Republican nominee George H.W. Bush for vetoing a bill requiring teachers to lead the pledge.

Then-Vice President Bush said repeatedly during that campaign that he would have signed such a bill. In 1977, Gov. Dukakis vetoed the measure after the state’s highest court issued an advisory opinion suggesting that the proposed law was unconstitutional. It cited, among other points, the U.S. Supreme Court’s 1943 ruling in West Virginia State Board of Education v. Barnette, which held that public schoolchildren could not be required to recite the pledge.

The Massachusetts legislature overrode Gov. Dukakis’ veto.

The current President Bush has not hesitated to speak up for the pledge as revised by Congress in 1954 to include the two words at issue. “When we pledge allegiance to one nation under God, our citizens participate in an important American tradition of humbly seeking the wisdom and blessing of Divine Providence,” the president said in a letter to a Hawaii resident in November 2002. And his solicitor general, Theodore B. Olson, defended the inclusion of “under God” in the March 24 oral arguments. (“High Court Hesitant to Bar Pledge in Schools,” this issue.)

Sen. John Kerry of Massachusetts, the presumptive Democratic nominee, has had somewhat less to say on the subject. But he is on record as supporting the pledge as revised in 1954.

Kathy Roeder, a spokeswoman for the Kerry campaign, said the candidate likes the wording of the pledge.

“He supports leaving it as is,” Ms. Roeder said last week. “He hopes the Supreme Court will overturn the other ruling and leave [the pledge] the way it is.”

On June 26, 2002, shortly after the controversial 9th Circuit court ruling, the Senate voted 99-0 for a resolution expressing support for the pledge. Sen. Kerry was among the 99.

On March 4, 2003, after the full 9th Circuit court decided not to rehear the case, the Senate saw the need to give the pledge another show of support. The vote that time was 94-0. Among the six senators not present that day were Mr. Kerry, and two other senators then pursuing the Democratic nomination, John Edwards of North Carolina and Bob Graham of Florida.

According to the Congressional Record, Sen. Harry Reid of Nevada, the Democratic whip, noted that if present, Sens. Kerry and Edwards would have voted in favor of the resolution.

To further clarify the record, Mr. Kerry served as the lieutenant governor of Massachusetts under Gov. Dukakis—but not when the pledge bill came before the governor in 1977. Mr. Kerry joined the Dukakis ticket in 1982.

To the Moon

Appearing on a television interview show March 21 to talk up his party’s presumed nominee, Sen. Edward M. Kennedy, D-Mass., offered a well-worn analogy to which he holds perhaps a special claim in criticizing President Bush’s record on education.

Several times during the segment on NBC’s “Meet the Press,” Sen. Kennedy told host Tim Russert that Mr. Bush has not supported adequate funding for the No Child Left Behind Act. He said that if his fellow Massachusetts senator is elected president, Mr. Kerry will find the extra federal cash needed to help states and districts implement the law.

Then he invoked the memory of another Massachusetts senator—and president—to drive home his point.

“We expect 100 percent performance from the children, and we’re leaving 4.5 million children out of that,” Sen. Kennedy said. “That isn’t—when President Kennedy decided to go to the moon, he didn’t support sufficient funds to go up 250 miles.”

—Lisa Goldstein & Erik W. Robelen

Related Tags:

Events

Teacher Preparation Webinar What Teacher Education Should Look Like in the Age of AI
Explore the current trends around the use of AI in teacher preparation and continuing education with data from the EdWeek Research Center.
English Learners Webinar How Can School Districts Better Support English Learners With Disabilities?
Join this webinar to hear recent findings from the EdWeek Research Center and discover practical strategies for improvement.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Classroom Technology Webinar
Better Tools, Not More: What Educators Say About Teaching and Technology
Optimism is up. AI use is rising. Coherence is the next challenge. Hear what the 2026 Educator Confidence Report reveals about the field.
Content provided by HMH

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court Rejects Appeal Over School's Ban of 'Let's Go Brandon' Sweatshirts
The justices left in place a lower court ruling that schools can ban the phrase over its veiled vulgarity.
1 min read
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
Phelan M. Ebenhack/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP
Law & Courts Federal Court Ruling Paves Way for Jewish Charter School in Oklahoma
A federal judge cleared the way for a Florida-based Jewish charter school network to open in the state.
Lenzy Krehbiel-Burton, Tulsa World, Okla.
•
4 min read
WASHINGTON, DC - JANUARY 10: (L to R) Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond, Missouri Attorney General Andrew Bailey and Frank O. Bowman III, professor emeritus of law, University of Missouri School of Law arrive to testify before a House Homeland Security Committee hearing titled "Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has Impacted the States," at the U.S. Capitol on January 10, 2024 in Washington, DC. House Republicans have started their hearings into impeaching President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
Oklahoma Attorney General Gentner Drummond, second from left, was a defendant in a lawsuit from the Ben Gamla Jewish Charter School Foundation challenging a decision from the state's charter school authorizing board that denied the group's bid to open a charter school.
Kent Nishimura/Getty Images
Law & Courts Trump Admin. Turns to Student Privacy Laws in Gender Identity Fights With Schools
The feds are increasingly citing student privacy laws in gender-identity battles with school districts.
8 min read
WASHINGTON, DC - AUGUST 17: The U.S. Department of Justice Building on August 17, 2026 in Washington, DC.
The U.S. Department of Justice Building on Aug. 17, 2026 in Washington. The Justice Department has teamed up with the U.S. Department of Education to fight school and state policies concerning transgender students it deems objectionable.
Anna Moneymaker/Getty Images