H.R. 2028

Undermining Our Courts

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One September 23rd, the U.S. House of Representatives passed H.R. 2028 by a vote of 247-173. This legislation is intended to strip all federal courts, including the Supreme Court, from hearing any First Amendment challenges to the Pledge of Allegiance. This legislation could also remove any federal jurisdiction from all cases involving constitutional claims.

H.R. 2028 Would Allow Schools to FORCE Children to Recite the Pledge: H.R. 2028 eliminates any role for federal courts in constitutional cases involving the pledge. This will strip the federal courts of the authority to enforce the Supreme Court decision (West Virginia State Board of Ed. vs. Barnette) barring school district from forcing recitation of the pledge.

H.R. 2028 is Unconstitutional: H.R. 2028 violates the framework of checks and balances on federal power. H.R. 2028 allows Congress to remove legislation from constitutional review by the federal judiciary, thus making Congress the sole authority on constitutionality.

H.R. 2028 Could Create 50 Different Versions of the First Amendment: By making state courts the sole venue to hear First Amendment related cases, H.R. 2028 raises the unpleasant prospect of 50 different interpretations of free speech.

H.R. 2028 Will Undermine Religious Minority Rights: H.R. 2028 will deny the constitutional right of religious minorities to seek redress in the federal courts in cases involving the mandatory recitation of the Pledge of Allegiance.