Page:United States Statutes at Large Volume 116 Part 3.djvu/468

 116 STAT. 2060 PUBLIC LAW 107-293—NOV. 13, 2002 that a school district's policy for voluntary recitation of the Pledge of Allegiance including the words "under God" was constitutional. (15) The 9th Circuit Court of Appeals erroneously held, in Newdow v. U.S. Congress (9th Cir. June 26, 2002), that the Pledge of Allegiance's use of the express religious reference "under God" violates the First Amendment to the Constitution, and that, therefore, a school district's policy and practice of teacher-led voluntary recitations of the Pledge of Allegiance is unconstitutional. (16) The erroneous rationale of the 9th Circuit Court of Appeals in Newdow would lead to the absurd result that the Constitution's use of the express religious reference "Year of our Lord" in Article VII violates the First Amendment to the Constitution, and that, therefore, a school district's policy and practice of teacher-led voluntary recitations of the Constitution itself would be unconstitutional. SEC. 2. ONE NATION UNDER GOD. (a) REAFFIRMATION.— Section 4 of title 4, United States Code, is amended to read as follows: "§4. Pledge of allegiance to the flag; manner of delivery "The Pledge of Allegiance to the Flag: 1 pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.', should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute.". 4 USC 4 note. (b) CODIFICATION. — In codifying this subsection, the Office of the Law Revision Counsel shall show in the historical and statutory notes that the 107th Congress reaffirmed the exact language that has appeared in the Pledge for decades. SEC. 3. REAFFIRMING THAT GOD REMAINS IN OUR MOTTO. (a) REAFFIRMATION.—Section 302 of title 36, United States Code, is amended to read as follows:

�