H. Amdt. 1187 - Amendment Sought to Preserve the Authority of the United States Supreme Court to Hear or Decide Any Question Pertaining to the Interpretation Of, or the Validity Under the Constitution Of, the Pledge of Allegiance, As Defined in 4 U.S.C. Section 4, or Its Recitation.

Pledge Protection Act of 2005

H.R. 2389 — 109^th Congress (2005–2006)

Summary

This bill prohibit federal courts, other than territorial courts, the Superior Court of the District of Columbia, and the District of Columbia Court of Appeals, from hearing or deciding, and the Supreme Court considering appeals from, cases questioning interpretation or constitutional validity of the Pledge of Allegiance. (by CRS)

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Title

To amend title 28, United States Code, with respect to the jurisdiction of Federal courts over certain cases and controversies involving the Pledge of Allegiance.

Other Titles

• Pledge Protection Act of 2005
• Pledge Protection Act of 2005

Sponsor

W. Akin

Co-Sponsors

• Mark Kennedy
• Jeff Miller
• Charles Taylor
• Joel Hefley
• Shelley Capito
• Christopher Cannon
• John Mica
• W. Weldon
• Roy Blunt
• Robert Aderholt
• James Nussle
• Peter King
• Peter Sessions
• Cathy McMorris Rodgers
• Eric Cantor
• Frederick Upton
• Nathan Deal
• Lamar Smith
• Rodney Frelinghuysen
• Ray LaHood
• Raymond Green
• Barton Gordon
• C.L. Otter
• Jeff Flake
• Michael Simpson
• Tom Price
• Walter Jones
• Ernest Istook
• John Culberson
• Rick Renzi
• George Radanovich
• Anne Northup
• John Linder
• J. Forbes
• Greg Walden
• Christopher Smith
• John Doolittle
• John Gingrey
• Mark Souder
• Michael Rogers
• Lincoln Davis
• John Boehner
• Randy Neugebauer
• Richard Pombo
• Gilbert Gutknecht
• Steven Pearce
• Howard McKeon
• Geoff Davis
• Randall Cunningham
• James Ramstad
• Jo Ann Davis
• Thomas DeLay
• Duncan Hunter
• Ileana Ros-Lehtinen
• John Hayworth
• William Jenkins
• Terry Everett
• Candice Miller
• Clifford Stearns
• Ralph Hall
• Darrell Issa
• John Hostettler
• Tom Cole
• Walter Herger
• Chris Chocola
• Michael Oxley
• Joe Barton
• John Duncan
• Henry Brown
• Thaddeus McCotter
• Steven Chabot
• Michael Ferguson
• James McCrery
• John Boozman
• Patrick Tiberi
• William Shuster
• Michael Bilirakis
• Ron Lewis
• Jeb Bradley
• James Marshall
• Robert Cramer
• Michael Burgess
• John McHugh
• F. Sensenbrenner
• Rob Bishop
• Henry Hyde
• Mark Green
• Ted Poe
• Robert Ney
• Addison Wilson
• Todd Tiahrt
• Sue Myrick
• Thomas Osborne
• Tim Murphy
• Dan Burton
• David Weldon
• John Shimkus
• Sanford Bishop
• Thelma Drake
• H. Saxton
• Henry Bonilla
• Spencer Bachus
• Bobby Jindal
• John Sullivan
• John Kuhl
• Steven LaTourette
• Sue Kelly
• Melissa Hart
• John Kline
• Ander Crenshaw
• Jon Porter
• Elton Gallegly
• Samuel Johnson
• Rodney Alexander
• Ric Keller
• John Carter
• Roscoe Bartlett
• Nick Rahall
• Thomas Davis
• Jim Gerlach
• Jerry Costello
• Jo Ann Emerson
• Gary Miller
• Roger Wicker
• Ronald Paul
• Dennis Rehberg
• Virginia Brown-Waite
• Marilyn Musgrave
• Charles Norwood
• Steve King
• Robin Hayes
• Ken Calvert
• Tom Feeney
• Mary Bono Mack
• Samuel Graves
• Jim Ryun
• K. Conaway
• Harold Rogers
• Lee Terry
• Howard Coble
• C. W. Young
• Joseph Pitts
• James Gibbons
• Jeb Hensarling
• John Shadegg
• William Thornberry
• Michael Turner
• Thomas Latham
• Dan Boren
• Virgil Goode
• Thomas Reynolds
• Virginia Foxx
• Lincoln Diaz-Balart
• Stephen Buyer
• Jean Schmidt
• Jerry Moran
• Adam Putnam
• Patrick McHenry
• Bob Beauprez
• Mike McIntyre
• Charles Pickering
• Zach Wamp
• Katherine Harris
• Doc Hastings
• Frank LoBiondo
• Jack Kingston
• Donald Young
• Richard Baker
• Scott Garrett
• Vernon Ehlers
• James Barrett
• Vito Fossella
• Marsha Blackburn
• Mike Pence
• Louis Gohmert
• Paul Ryan
• Peter Hoekstra
• Edward Whitfield
• Kevin Brady
• Ralph Regula
• Charles Boustany
• Michael McCaul
• Michael Sodrel
• Trent Franks
• Barbara Cubin
• Thomas Tancredo
• E. Shaw
• Mario Diaz-Balart
• Todd Platts
• Kay Granger
• Michael Rogers
• Frank Wolf
• Kenny Hulshof
• James Leach
• Donald Manzullo
• Gerald Weller
• Kenny Marchant

Subjects

• Law
• Allegiance
• Appellate courts
• Constitution
• Constitutional law
• District courts
• Judicial review
• Jurisdiction
• Oaths
• Politics and government
• Supreme Court

Related Bills

• H.Res. 920 (109^th) : Providing for Consideration of the Bill (H.R. 2389) to Amend Title 28, United States Code, with Respect to the Jurisdiction of Federal Courts over Certain Cases and Controversies Involving the Pledge of Allegiance.
• S. 1046 (109^th) : Pledge Protection Act of 2005

Major Actions

Introduced	5/17/2005
Referred to Committee
Amendments (3 proposed)
Passed House	7/19/2006

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	House	On agreeing to the Jackson-Lee (TX) amendment (A002) Failed by voice vote.	7/19/2006	DID NOT PASS by voice vote
select this vote	House	On agreeing to the Akin amendment Agreed to by voice vote.	7/19/2006	PASSED by voice vote
currently selected	House	Amendment 1 to H.R. 2389	7/19/2006	This amendment DID NOT PASS the House 183 voted YES 241 voted NO 8 voted present/not voting
select this vote	House	On Passage - House - H.R. 2389 Pledge Protection Act	7/19/2006	This bill PASSED the House 260 voted YES 167 voted NO 5 voted present/not voting

	Action	Date	Description
	Introduced	5/17/2005
		5/17/2005	Referred to the House Committee on the Judiciary.
		6/06/2005	Referred to the Subcommittee on the Constitution.
		6/06/2006	Subcommittee on the Constitution Discharged.
		6/07/2006	Committee Consideration and Mark-up Session Held.
		6/28/2006	Committee Consideration and Mark-up Session Held.
		6/28/2006	Committee Failed to Report Measure by the Yeas and Nays: 15 - 15.
		7/18/2006	Rules Committee Resolution H. Res. 920 Reported to House. Rule provides for consideration of H.R. 2389 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
		7/19/2006	Amendment (A001) offered by Mr. Watt.
		7/19/2006	DEBATE - Pursuant to the provisions of H. Res. 920, the Committee of the Whole proceeded with 10 minutes of debate on the Watt amendment.
		7/19/2006	POSTPONED PROCEEDINGS - At the conclusion of debate on the Watt amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Watt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		7/19/2006	DEBATE - Pursuant to the provisions of H. Res. 920, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson-Lee amendment.
		7/19/2006	Amendment (A002) offered by Ms. Jackson-Lee (TX).
		7/19/2006	POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson-Lee amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Jackson-Lee demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		7/19/2006	PROCEEDINGS VITIATED - Ms. Jackson-Lee asked unanimous consent that her request for a recorded vote on her amendment be vitiated, and allow the voice vote to stand. Agreed to without objection.
select this vote	Vote	7/19/2006	On agreeing to the Jackson-Lee (TX) amendment (A002) Failed by voice vote.
		7/19/2006	Amendment (A003) offered by Mr. Akin.
		7/19/2006	DEBATE - Pursuant to the provisions of H. Res. 920, the Committee of the Whole proceeded with 10 minutes of debate on the Akin amendment.
select this vote	Vote	7/19/2006	On agreeing to the Akin amendment Agreed to by voice vote.
		7/19/2006	Committee of the Whole House on the state of the Union rises leaving H.R. 2389 as unfinished business.
		7/19/2006	Considered as unfinished business.
		7/19/2006	The House resolved into Committee of the Whole House on the state of the Union for further consideration.
		7/19/2006	UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of an amendment which had been debated earlier and on which further proceedings had been postponed.
		7/19/2006	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2389.
		7/19/2006	The previous question was ordered pursuant to the rule.
		7/19/2006	The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
currently selected	Vote	7/19/2006	Amendment 1 to H.R. 2389
select this vote	House Vote on Passage	7/19/2006	On Passage - House - H.R. 2389 Pledge Protection Act
		7/20/2006	Rule H. Res. 920 passed House.
		7/20/2006	Considered under the provisions of rule H. Res. 920.
		7/20/2006	Rule provides for consideration of H.R. 2389 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
		7/20/2006	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 920 and Rule XVIII.
		7/20/2006	The Speaker designated the Honorable Steven C. LaTourette to act as Chairman of the Committee.
		7/20/2006	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2389.
		7/20/2006	Received in the Senate.
		8/04/2006	Read twice and referred to the Committee on the Judiciary.

	Number	Sponsor	Date Offered	Status
currently selected	H. Amdt. 1187	Watt, Melvin [D-NC12]	July 19, 2006	Failed by roll call vote on July 19, 2006.
	Amendment sought to preserve the authority of the United States Supreme Court to hear or decide any question pertaining to the interpretation of, or the validity under the Constitution of, the Pledge of Allegiance, as defined in 4 U.S.C. section 4, or its recitation. Actions July 19, 2006, 12:33 pm ET - Amendment (A001) offered by Mr. Watt. July 19, 2006, 4:22 pm ET - Amendment 1 to H.R. 2389 Full Text of this Amendment The text of this amendment is not available.
select this vote	H. Amdt. 1188	Jackson-Lee, Sheila [D-TX18]	July 19, 2006	Failed by voice vote on July 19, 2006.
	Amendment sought to require that Federal courts have jurisdiction when free exercise of religion is violated due to coerced or mandatory recitation of the Pledge. Show amendment details
select this vote	H. Amdt. 1189	Akin, W. [R-MO2]	July 19, 2006	Passed by voice vote on July 19, 2006.
	Amendment adds language making it explicit that the Act is effective immediately and applies to all pending and future litigation. Show amendment details