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Pledge of Allegiance to the Flag and Constitutional Issue - Focusing on the Gobitis and Barnette case in U.S. -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2015, 69(), pp.357-380
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KIM MINBAE 1

1인하대학교

Accredited

ABSTRACT

Pledge of Allegiance to the flag of the United States is a kind of sworn statements to be used toward the flag, etc. Currently, used in the United States, Pledge of Allegiance is as follows: “I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation under God invisible, with liberty and justice for all”. The original Pledge of Allegiance was written by Francis Bellamy. It was first given wide publicity through the official program of the National Public Schools Celebration of Columbus Day, which was printed in The Youth's Companion of September 8, 1892. Then, reviewing to the history of the United States Constitution, between 1936 and 1944, it was intensively generated for the cases surrounding the ceremony and Pledge of Allegiance to the flag. After the first World War, the United States welcomed the immigrants received in Europe. But, how will it be able to promote the unification as a nation, consisting of a truly multi-ethnic America, it had been key issues. Pledge of Allegiance to the flag was often prefer to patriotic education in the United States. Does the Pledge of Allegiance to the flag violated to the Fourteenth Amendment and the First Amendment, it was just a problem. The major issue was the two kinds. First, is it the religious event to the Pledge of Allegiance to the flag. Secondly, whether or not to deprive of constitutional rights to the compulsory participation for the ceremony. In the Gobitis case for the Pledge of Allegiance to the flag, 1940, the Supreme Court was ruled constitutionality. In the Barnette case, 1943, on the basis of reason the First Amendment violations, the Supreme Court was ruled unconstitutional Act. In this paper, I study on the compare to Gobitis and Barnette case, about the issues : the First Amendment, the Fourteenth Amendment, Freedom of religion, Freedom of expression, judicial review, the Establishment and Free Exercise Clause, etc.

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