Juarez vs CA

ISSUE:

WON BP 877 should not be given a retroactive

application for it is in violation of the non-impairment
clause of the constitution

CASE DIGEST : NEWDOW vs. US Congress

FACTS:

In Newdow vs US Congress, Michael Newdow challenged

the constitutionality of the 1954 Act and the school district
policy for being violative of the establishment clause of the
US Constitution when the said Act added the words “under
God” in the Pledge of Allegiance to the Flag which was
recited regularly in the public elementary school.

Michael Newdow is an atheist whose daughter attends a

public elementary school in California. It is the school’s
policy to regularly practice the teacher-led recitation of the
Pledge of Allegiance to the Flag. However, in 1954, the
1954 Act was passed by the US Congress amending the
1942 Pledge by inserting the words “under God” in it.
Eventhough the students were not required to participate
in the recitation of the Pledge, Newdow alleged that his
daughter was compelled to watch and listen to her
classmates in reciting the amended Pledge. Newdow
averred that both the 1954 Act and the school district
policy are in violation of the establishment clause of the US
Constitution, thus, should be declared unconstitutional.