Legal Question in Appeals and Writs in Michigan

Re: Pledge of Allegiance

The Pledge, and the procedure for its recitation are codified at 4 U.S.C. section 4:

Sec. 4. - Pledge of allegiance to the flag; manner of delivery

The Pledge of Allegiance to the Flag, ''I 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 their 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.

Therefore, the statute will have been held to be unconstitutional as written. Does that mean that the statute must, or will, be amended? Well that depends. Several things could happen:

1. People could change the practice and ignore the statute.

2. Congress could try to amend the statute, pass another one, or amend the constitution, in order to make the Pledge constitutional.

3. Congress could amend the statute to comply with the ruling--striking the offending language.

So the code will not necessarily change. One thing is clear, though. If the code is not amended, it will no longer reflect the law of the land.