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The House voted to de-fund any enforcement of the 9th U.S. Circuit Court of Appeals ruling that banned the Pledge of Allegians.

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Roll Call: House De-Funds Enforcement Of Bizarre 9th Circuit Ruling

The House voted to de-fund any enforcement of the 9th U.S. Circuit Court of Appeals ruling that banned the Pledge of Allegians.

On July 23, by a vote of 307 to 119, the House overwhelmingly passed an amendment to the appropriations bill that funds the Department of Justice (HR 2799) that prohibits the use of any federal funds to enforce the infamous 9th U.S. Circuit Court of Appeals decision banning the pledge of allegiance as unconstitutional.

In that June 26, 2002 decision, Newdow v. U.S. Congress, a three-judge panel on that circuit ruled that the pledge violates the prohibition on state establishment of religion because it contains the phrase “one nation, under God.”

Rep. John Hostettler (R.-Ind.), one of the House’s staunchest conservatives, proposed the amendment, as he explained it, to counterbalance a usurpation of power by the judiciary. “The founders of the United States set up a brilliant system of government consisting of three separate branches with unambiguous roles,” he said on the House floor. “The Congress legislates, the President executes, and the courts judge.”

Hostettler, calling the decision “ludicrous,” pointed out that Alexander Hamilton wrote in Federalist No. 78: “The judiciary has no influence over either the sword or the purse, no direction either of the strength or of the wealth of the society and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judgment, and must ultimately depend upon the aid of the executive arm for the efficacy of its judgments.”

Hostettler argued that Congress can exercise an important check against a judiciary gone wild by refusing to fund enforcement of the Ninth Circuit decision.

“When the legislative branch, that is, the Congress, believes the judicial branch to be in error, the Congress may refuse to fund actions to enforce the court’s judgment by the executive branch agency that would execute those judgments or, in Hamilton’s words, ‘depend on the arm of the executive for the efficacy of its judgments,’” he said.

Rep. Frank Wolf (R.-Va.) argued against the amendment because the Justice Department is opposing it. He began by stating that he, too, disagreed with the court’s decision, but that the Pledge of Allegiance is not in any true danger, thanks to prior Supreme Court precedent.

“Two decisions of the Supreme Court have said without qualification that the Pledge is constitutional,” he said.

He quoted at length from the Justice Department’s memo in opposition to Hostettler’s amendment. “Consideration of this legislation at this point would probably be premature,” the Justice Department argued, basically trying to prevent the court case from becoming moot before Justice can defend the pledge before the Supreme Court.

However, most conservatives supported the bill anyway, because congressional action to limit the power of the judiciary could set an important precedent against the liberal judicial activism that has undermined American popular self-rule over the last 30 years.

Presidential candidate Dick Gephardt (D.-Mo.), who has missed roughly 90% of all House votes this year, was absent as usual. Also missing was Democratic leader Nancy Pelosi (D.-Calif.).

A “yes” vote was a vote to prevent taxpayers’ money from being used to enforce the 9th Circuit’s ban on the Pledge of Allegiance. A “no” vote was a vote against the amendment.

FOR THE AMENDMENT: 307 AGAINST THE AMENDMENT: 119
REPUBLICANS FOR: 216

Aderholt
Akin
Bachus
Baker
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Bereuter
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, V.
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Chabot
Chocola
Coble
Cole
Collins
Cox
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Deal (GA)
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
English
Everett
Feeney
Flake
Fletcher
Foley
Forbes
Fossella
Franks (AZ)
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gillmor
Gingrey
Goode
Goodlatte
Goss
Granger
Graves
Green (WI)
Greenwood
Gutknecht
Harris
Hart
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Isakson
Issa
Istook
Janklow
Jenkins
Johnson, Sam
Johnson (CT)
Johnson (IL)
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
McCotter
McCrery
McHugh
McInnis
Mica
Miller, Gary
Miller (FL)
Miller (MI)
Moran (KS)
Murphy
Musgrave
Myrick
Nethercutt
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Ose
Otter
Oxley
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Porter
Portman
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Sweeney
Tancredo
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Upton
Vitter
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Young (AK)
Young (FL)

DEMOCRATS FOR: 91
Alexander
Baca
Berry
Bishop (GA)
Bishop (NY)
Boswell
Boucher
Boyd
Brady (PA)
Brown, Corrine
Brown (OH)
Cardin
Cardoza
Carson (OK)
Cooper
Costello
Cramer
Crowley
Cummings
DeFazio
Deutsch
Dingell
Doyle
Edwards
Engel
Etheridge
Fattah
Frost
Gordon
Green (TX)
Hall
Hill
Hinojosa
Hoeffel
Holden
Hooley (OR)
Inslee
Israel
John
Johnson, E. B.
Kanjorski
Kaptur
Kildee
Kleczka
Kucinich
Lampson
Langevin
Larsen (WA)
Lipinski
Lowey
Lucas (KY)
Lynch
Marshall
Matheson
McCarthy (NY)
McIntyre
McNulty
Menendez
Michaud
Mollohan
Moore
Murtha
Oberstar
Ortiz
Pallone
Pascrell
Pastor
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Reyes
Rodriguez
Ross
Ruppersberger
Sandlin
Schiff
Scott (GA)
Skelton
Smith (WA)
Spratt
Stenholm
Strickland
Stupak
Tanner
Taylor (MS)
Turner (TX)
Visclosky
Weiner
Wu
Wynn

REPUBLICANS AGAINST: 10
Castle
Davis, Tom
Frelinghuysen
Gilchrest
Houghton
Kolbe
McKeon
Shays
Tauzin
Wolf

DEMOCRATS AGAINST: 108
Abercrombie
Ackerman
Allen
Andrews
Baird
Baldwin
Ballance
Becerra
Bell
Berman
Blumenauer
Capps
Capuano
Carson (IN)
Case
Clay
Clyburn
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
DeGette
Delahunt
DeLauro
Dicks
Doggett
Dooley (CA)
Emanuel
Eshoo
Evans
Farr
Filner
Frank (MA)
Gonzalez
Grijalva
Gutierrez
Harman
Hastings (FL)
Hinchey
Holt
Honda
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jones (OH)
Kennedy (RI)
Kilpatrick
Kind
Lantos
Larson (CT)
Lee
Levin
Lewis (GA)
Lofgren
Majette
Maloney
Markey
Matsui
McCarthy (MO)
McCollum
McDermott
McGovern
Meehan
Meeks (NY)
Millender-McDonald
Miller, George
Miller (NC)
Moran (VA)
Nadler
Napolitano
Neal (MA)
Obey
Olver
Owens
Payne
Pelosi
Rangel
Rothman
Roybal-Allard
Rush
Ryan (OH)
Sabo
Sanchez, Linda
Sanchez, Loretta
Schakowsky
Scott (VA)
Serrano
Sherman
Slaughter
Snyder
Solis
Stark
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Waters
Watson
Watt
Waxman
Wexler
Woolsey

INDEPENDENT AGAINST: 1
Sanders

NOT VOTING: 8

REPUBLICANS (2): DEMOCRATS (6): INDEPENDENTS (0)
Ferguson
Hensarling
Berkley
Conyers
Davis (TN)
Ford
Gephardt
Meek (FL)
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