Congess's Constitutionality Authority for the Pledge ofAllegiance

[Levinson]

David Currie has a helpful discussion of such issues in the first volume of The Constitution in Congress.  There was, I believe, some debate about congressional authority re flags was tiggered by Congress's decision in 1794 to add two new stripes to the flag to signify the admission of Vermont and Kentucky to the Union.  The only plausible theory is that flags are appendages of sovereignty and that the United States, as a sovereign nation, could have a flag and Congress therefore had authority to legislate as to what the flag would look like.  

sandy 



-----Original Message-----
From: "Volokh, Eugene" <VOLOKH at law.ucla.edu>
To: <conlawprof at lists.ucla.edu>
Date: Thu, 25 Mar 2004 09:34:43 -0800
Subject: RE: Congess's Constitutionality Authority for the Pledge ofAllegiance

	Marty's point strikes me as quite persuasive.  In the same vein,
is it unconstitutional for the U.S. to have a flag?  (Not to punish its
burning, but to have it in the first place.)  Where, after all, is the
constitutional power that authorizes its creation?  I think Marty's
point about inherent powers -- a controversial matter, I realize, but
one that must be resolved in favor of at least having the power to
articulate -- takes care of that, as well as of the Pledge.



-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Marty Lederman
Sent: Thursday, March 25, 2004 5:38 AM
To: RJLipkin at aol.com; CONLAWPROF at lists.ucla.edu
Subject: Re: Congess's Constitutionality Authority for the Pledge
ofAllegiance


Does Congress need any specific constitutional authority to
"articulat[e]" anything?  Need there be an identifiable source of
authority for a joint resolution?  For a "sense of the Senate"
resolution?
----- Original Message ----- 
From: RJLipkin at aol.com 
To: CONLAWPROF at lists.ucla.edu 
Sent: Thursday, March 25, 2004 4:55 AM
Subject: Congess's Constitutionality Authority for the Pledge of
Allegiance


        Which constitutional provision authorizes Congress to pass
legislation articulating the Pledge of Allegiance?

Bobby

Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware



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