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    Case Digest of Newdow Case

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    janeliz
    1. Michael Newdow challenged the 1954 Act that added the words "under God" to the Pledge of Allegiance and his daughter's school's policy of reciting the Pledge, claiming they violated the Establishment Clause. 2. The Court analyzed the acts using the Lemon, Endorsement, and Coercion tests and found that adding "under God" endorsed religion rather than acknowledging belief in God. 3. It also found that reciting the Pledge coerced students into participating in or protesting religion. Therefore, both the 1954 Act and the school's policy were ruled unconstitutional.

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    Case Digest of Newdow Case

    Uploaded by

    janeliz
    44 views1 page
    1. Michael Newdow challenged the 1954 Act that added the words "under God" to the Pledge of Allegiance and his daughter's school's policy of reciting the Pledge, claiming they violated the Establishment Clause. 2. The Court analyzed the acts using the Lemon, Endorsement, and Coercion tests and found that adding "under God" endorsed religion rather than acknowledging belief in God. 3. It also found that reciting the Pledge coerced students into participating in or protesting religion. Therefore, both the 1954 Act and the school's policy were ruled unconstitutional.

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    Case digest of Newdow case

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    1. Michael Newdow challenged the 1954 Act that added the words "under God" to the Pledge of Allegiance and his daughter's school's policy of reciting the Pledge, claiming they violated the Establishment Clause. 2. The Court analyzed the acts using the Lemon, Endorsement, and Coercion tests and found that adding "under God" endorsed religion rather than acknowledging belief in God. 3. It also found that reciting the Pledge coerced students into participating in or protesting religion. Therefore, both the 1954 Act and the school's policy were ruled unconstitutional.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    44 views1 page

    Case Digest of Newdow Case

    Uploaded by

    janeliz
    1. Michael Newdow challenged the 1954 Act that added the words "under God" to the Pledge of Allegiance and his daughter's school's policy of reciting the Pledge, claiming they violated the Establishment Clause. 2. The Court analyzed the acts using the Lemon, Endorsement, and Coercion tests and found that adding "under God" endorsed religion rather than acknowledging belief in God. 3. It also found that reciting the Pledge coerced students into participating in or protesting religion. Therefore, both the 1954 Act and the school's policy were ruled unconstitutional.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 1

    CASE DIGEST : NEWDOW vs.

    US Congress So that it is not in violation of the


    establishment clause.
    FACTS:
    Moreover, under the Endorsement Test, the
    In Newdow vs US Congress, Michael Newdow questioned:
    challenged the constitutionality of the 1954 Act and
    the school district policy for being violative of the 1. Must not have excessive government
    establishment clause of the US Constitution when entanglement with religious
    the said Act added the words “under God” in the institutions; and
    Pledge of Allegiance to the Flag which was recited 2. There is no government endorsement
    regularly in the public elementary school. or disapproval of religion in order for
    the said conduct not to be in violation
    Michael Newdow is an atheist whose daughter of the establishment clause.
    attends a public elementary school in California. It is
    the school’s policy to regularly practice the teacher- Lastly, under the coercion test, the government does
    led recitation of the Pledge of Allegiance to the Flag. not violate the establishment clause unless:
    However, in 1954, the 1954 Act was passed by the
    US Congress amending the 1942 Pledge by inserting 1. It provides direct aid to religion; or
    the words “under God” in it. Eventhough the 2. It coerces people to participate or
    students were not required to participate in the support a religion against their will.
    recitation of the Pledge, Newdow alleged that his
    In the present case, the statement that the US
    daughter was compelled to watch and listen to her
    nation is under God is an endorsement of religion
    classmates in reciting the amended Pledge. Newdow
    and not a mere acknowledgement that many
    averred that both the 1954 Act and the school
    Americans believe in God. The language used in the
    district policy are in violation of the establishment
    Pledge revealed that the very purpose of the Act is
    clause of the US Constitution, thus, should be
    to take a position in the question of theism while
    declared unconstitutional.
    denying the atheist concepts, thus, both the Lemon
    ISSUE: and Endorsement test have failed. Also, when the
    act or the policy place the students in a position of
    WON the 1954 Act and the school district policy are choosing between participating in the recitation or
    unconstitutional for being violative of the protesting, the government conduct also failed the
    establishment clause. coercion test. Considering that the questioned act
    and policy failed the 3 tests for constitutionality
    RULING: under the establishment clause, hence, both the
    1954 act and the school district policy are declared
    The Court ruled that YES, both the 1954 Act and the
    unconstitutional.
    school district policy are in violation of the
    establishment clause in the realm of public
    education using the 3 interrelated tests.

    The 3 tests used to analyze whether a statute or


    policy is in violation of the said clause are the
    LEMON TEST, ENDORSEMENT TEST & COERCION
    TEST.

    Under the Lemon test, the questioned conduct:

    1. Must have a secular purpose;


    2. Must have a principal effect that neither
    advances nor inhibits religion; and
    3. Must not foster excessive government
    entanglement with religion,

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