The wording of the Pledge makes several inferences concerning the system of government established by the Constitution. First, the several States and the American people were consolidated into one nation or republic. Second, there is only one United States and the term refers to a single nation. Third, the flag is the symbol of this consolidated nation. Fourth, one of the purposes of establishing the so-called “one nation” was to guarantee “liberty and justice for all.” Since most Americans have never pondered the wording of the Pledge of Allegiance beyond the “under God” provision, this article will examine the other words of the Pledge.

Contrary to popular belief, the words “United States of America,” as used in the founding documents, do not refer to a single nation. They refer to the individual States in their united capacity. The term originated when the colonies declared their independence from Great Britain. On June 6, 1776, it was proposed “[t]hat these United Colonies are, and of right ought to be, free and independent States...” When the Declaration of Independence was written, the Founders subtitled it as “The unanimous Declaration of the thirteen united States of America.” Thus, the separation from Great Britain did not consolidate the States or their people into one nation.

Five years later, the “thirteen united States” entered into a compact or union known as the Articles of Confederation. Under the articles, each State was considered a sovereign political entity. Article I of the Confederation stated: “[t]he stile of this confederacy shall be The United States of America.” This term was simply the name of the limited union that was established between the several States when they agreed to the Articles. Since neither the States, nor their people, were consolidated into a one nation, the term United States of America, as used in the Articles, did not refer to a single nation.

When the Constitution was signed in 1787, the government remained a confederated republic of States as it had been under the Articles. In fact, the Founders rejected the proposals to establish a consolidated nation during the debates in the Federal [Constitutional] Convention. If the several States and their people were being consolidated into one nation, it would have been erroneous on the part of the Founders to retain the phrase “United States of America” to describe a single nation when those words specifically refer to a union between the several States.

In addition, if the States had been consolidated into one nation, then each State would be “part of the United States.” Instead, as each new State entered into the union of States, it became “one of the United States.” The 1850 admission document for California states that it “shall be one, and is hereby declared to be one, of the United States of America.” At the present time, there is not one United States; there are 50 United States. Thus, any suggestion that the term “United States of America” is the name of a consolidated nation is historically and constitutionally inaccurate.

Since the Constitution established a confederated republic of States, as opposed to a consolidated one, the flag cannot be the symbol of “one nation.” It can only be the symbol of the Union between the States. The so-called “one nation” is, in reality, a nation of States. Alexander Stephens expressed it best following the War Between the States when he wrote: “[i]t is not a nation of individuals, blended in a common mass…it is a nation of States, or in other words, a nation of nations.”

When the American people recite the Pledge of Allegiance, they are actually pledging allegiance to a flag that symbolizes the limited Union that was established between the several States when they ratified the Constitution. The flag has one stripe for each of the thirteen original States and one star for each State presently in the Union. If the flag was the symbol of “one nation,” or one people, then it would be a fixed symbol. Instead, it has changed every time a new State was admitted into the Union. Similarly, if a State like California was divided into 2 States, then a new flag, with 51 stars on it, would have to be adopted even though the landmass of the so-called “one nation” remained exactly the same.

The final part of the Pledge is the “liberty and justice for all” provision. These words suggest that the government of the so-called “one nation” was charged with the duty of protecting liberty and securing justice. In 1875, in the case of United States v Cruikshank, the Supreme Court identified the entity responsible for securing individual rights:

If the several States had been consolidated into “one nation,” then the duty of securing individual rights would rest with the government of that nation. Since the government established by the Constitution is the government of the States, or the government of the Union, as opposed to the government of “one nation,” the duty of securing liberty and justice rests with the States.

Now that the United States Supreme Court has decided to review the decision by the Ninth Circuit Court of Appeals, the “under God” controversy will be decided one way or another. However, since this is hot button issue, and every American undoubtedly has an opinion concerning this controversy, the author would like to present the following hypothetical question. You’ve just been made an associate justice on the United States Supreme Court and given broad power to decided the fate of the Pledge. Would you:

Retain the “under God” provision even though the wording of the Pledge distorts the nature of the flag and system of government established by the Constitution.

Remove the “under God” provision but retain the balance of the Pledge even though it distorts the nature of the flag and system of government established by the Constitution?

Replace the Pledge with one that accurately portrays the flag and system of government established by the Constitution. Would an “under God” provision be a part of your new pledge?

4) Abolish the Pledge because in a system based on the principle that government is subordinate to the people, that same people should not be asked, or compelled, to pledge allegiance to a government symbol.

5) Fill in the blank ______.

How do you vote and why?

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