Lewis v. Commissioner of Education
Description
"The Declaration of Independence refers to 'the Supreme judge of the world', and 'the protection of Divine Providence'. Lincoln, at Gettysburg, spoke of 'this nation, under God'. Even the preamble to the New York Constitution expresses gratitude 'to Almighty God for our Freedom'. Indeed, the presidential oath of office concludes, 'So help me, God'. By act of Congress, our coins are inscribed, ''In God we trust''. (U. S. Code, tit. 31, § 324.)"
The pledge of allegiance was amended by Congress to include the words "under God." Thereafter, the Commissioner amended the regulation to reflect the amended pledge. The parents objected to the use of the phrase "under God" and sought to compel the Commissioner to rescind the regulation. The court dismissed their petition, finding that no statutory duty required the Commissioner to rescind or revoke the regulation and, to the contrary, in amending the regulation the Commissioner was performing his duties under N.Y. Educ. Law § 802.The court also rejected the contention that the Commissioner could not perform that duty because including the words "under God" contravened the First Amendment, as the determination of constitutionality was exclusively in the domain of the judiciary.
The pledge of allegiance was amended by Congress to include the words "under God." Thereafter, the Commissioner amended the regulation to reflect the amended pledge. The parents objected to the use of the phrase "under God" and sought to compel the Commissioner to rescind the regulation. The court dismissed their petition, finding that no statutory duty required the Commissioner to rescind or revoke the regulation and, to the contrary, in amending the regulation the Commissioner was performing his duties under N.Y. Educ. Law § 802.The court also rejected the contention that the Commissioner could not perform that duty because including the words "under God" contravened the First Amendment, as the determination of constitutionality was exclusively in the domain of the judiciary.
Date
1957-02-23
Type
Court Case
Source
Joseph Lewis et al., Petitioners, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent (February 23, 1957)