CC - 2002-36 - Supporting United States Attorney General Ashcroft's requestRESOLUTION NO. 2002 -36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA SUPPORTING UNITED STATES ATTORNEY GENERAL
ASHCROFT'S REQUEST FOR A REHEARING OF THE NEWDOW CASE
REGARDING THE PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG
WHEREAS, the Pledge of Allegiance was first codified on June 22, 1942 as "I
pledge allegiance to the flag of the United States of America and to the Republic for which
it stands, one Nation indivisible, with liberty and justice for all'; and
WHEREAS, Congress amended the Pledge to add the words "under God" after the
word "Nation" on June 14, 1954 (referred to as the "1954 Act "); and
WHEREAS, the Pledge of Allegiance is currently codified under 4 U.S.C. Section
4 as "I pledge allegiance to the Flag of the United State of America, and to the Republic
for which it stands, one Nation under God, indivisible, with liberty and justice for all'; and
WHEREAS, in Newdow v. U.S. Congress. et al. (2002) 292 F.3d 597, three judges
of the Ninth Circuit United States Court of Appeal held on June 26, 2002 that (1) the 1954
federal statute adding the words. "under God" to the Pledge of Allegiance, and (2) the
subject school district policy and practice of teacher -led recitation of the Pledge, with the
added words included, violate the Establishment Clause; and
WHEREAS, after the judgment above, the United States Department of Justice
issued a statement of the United States Attorney General John Ashcroft that the Justice
Department would "defend the ability of our nation's children to pledge allegiance to the
American flag ", and requests a rehearing by the full Ninth Circuit of the case; and
WHEREAS, on June 27, 2002, the U.S. Court of Appeals ordered that the judgment
in the case Newdow v. U.S. Congress. et at. be stayed pending the resolution of any
petitions for rehearing en banc of the full Ninth Circuit and the Clerk of Court was also
directed to stay the mandate; and
WHEREAS, the City Council is concerned that the Newdow ruling could encompass
a broader rule which would preclude the City Council's ability to open its sessions with the
Pledge to the American flag which is a traditional practice at the opening of City Council
meetings and City events.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby supports the United States Attorney General's
request for a rehearing eh banc of the full Ninth Circuit Court in the Newdow matter and
the Department of Justice's defense of the right for the nation's children to recite the
Pledge of Allegiance in its current form.
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Section 2. The City Council directs the City Clerk to forward an executed copy of
the Resolution herein to the Department of Justice.
Section 3. The City Clerk shall certify as to the adoption of this resolution and shall
cause the same to be processed in the manner required by law.
PASSED, APPROVED AND ADOP�FD this 13th day of Augusts 2002.
ATTEST: I heraby certify that the foregoing Resolution No.
2002 -36 was duly and regularly adopted by the
Rosemead City Council at a regular meeting held on
the 13th day of August 2002, by the following vote:
Nancy Valderrama, CMC City Clerk Yes: Imperial, Clark, Vasquez, Bruesch, Taylor
No: None, Absent: None, Abstain: None
City Clerc
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROSEMEAD
ss.
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I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Resolution No. 2002 -36 being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA SUPPORTING UNITED STATES ATTORNEY GENERAL
ASHCROFT'S REQUEST FOR A REHEARING OF THE NEWDOW CASE
REGARDING THE PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG
was duly adopted at a Regular Meeting of the City Council on the 13`h day of August
2002, by the following vote to wit:
YES: BRUESCH, CLARK, VASQUEZ, TAYLOR, IMPERIAL
NO: NONE
ABSTAIN: NONE
ABSENT: NONE
NANCY VA DERRAMA, CITY CLERK
AGENDA:CERTIFY