Religious freedom and 42 USC 666

[Eric Rassbach]

In Dr. Newdow's challenges to the Pledge of Allegiance (codified at 4 U.S.C. Section 4) he has sued both the United States Congress and the Law Revision Counsel, and has sought an order that the Law Revision Counsel strike the words "under God" from that Section.


From: religionlaw-bounces at lists.ucla.edu [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of ArtSpitzer at aol.com
Sent: Friday, August 01, 2008 3:45 PM
To: religionlaw at lists.ucla.edu
Subject: Re: Religious freedom and 42 USC 666

Yes, I think what Prof. Laycock says is also true.  And it's probably true that if congressional action were needed, a change from 666 to 665a could be included in a long list of technical corrections attached to some omnibus bill, and no Member would even notice it.  But I'm not sure a court could order Congress to do that, while a court could (at least more likely could) order the Office of the Law Revision Counsel to make such a change.  But I suppose I'm straying from religion and the law.

Art Spitzer

In a message dated 8/1/08 3:35:27 PM, laycockd at umich.edu writes:


Except that sometimes, I think the drafters do it right in the bill.  If they are amending existing legislation that has already been numbered, and they are inserting new sections, I think that the bill sometimes numbers those sections.  So Section 2 of the bill may amend section 665 of the existing Act and add a new section 666.  I'm pretty sure I've seen examples of this, although I can't swear to it.
If the bill number is created by an Act of Congress, then I suppose it takes another Act of Congress to change it.  Which is why you occasionally see bills to correct typos.





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