well, they might or might not be citizens of texas; even children attending school in texas are not necessarily citizens of texas although they are being required to pledge to texas.  state citizenship itself seems to be unclear.  For example,  last time I knew, Texas did not allow people to get "instate" tuition for the Univ. of Texas unless they moved there before applying for school.  So, you could go to Univ. of Texas as a first year undergrad. and stay on for law school; live in the state 7 or more years, vote, own a house, have children there, pay taxes, and not be considered a "citizen" or at least a "state resident" for purposes of "in-state" tuition.  This is hardly a "silly" issue.  Moreover, the pledge seems to me to raise issues of what exactly state citizenship means.  

Here is the issue, I suppose:   if you pledge "allegience" to your state, and your state is in conflict with the national government on some political or economic issue, are you duty bound to support the state -- say to vote for the presidential candidate that will support the state on this issue?  

paul finkelman

Nelson Lund wrote:
It is perfectly obvious that one can have all kinds of allegiances that
do not conflict with one another. The quoted pledge of allegiance to
Texas does not specify what kind of allegiance is being pledged, and it
seems silly to infer that whatever kind of allegiance is implied must be
incompatible with allegiance to the United States. The Texas pledge
doesn't say anything that would carry this implication, and the
silliness of inferring such a thing seems particularly silly when one
considers that American citizens who reside in Texas are also citizens
of Texas.

Nelson Lund


  
Paul Finkelman wrote:

isn't there a difference between political and religious "allegience."
 In a monotheistic world one presumes you cannot pledge to two gods at
the same time; similarly, the question is, can you pledge to two forms
of  governments at the same time.  I suppose it is possible to pledge
to many different entities.
I pledge allegience to the Syracause Organmen in basketball and will
support no other college team.
I pledge allegeience to the San Antonio Spurs and will support no
other professional basketball team.
I pledge allegience to the New York Yankees and will support no other
professional baseball team.

I pledge all. to the God of Abraham and Moses and will have no other
God.
I pledge all. to the United States, and will support no other flag or
political entity.

None of these are inconsistent.

But, you cannot "pledge to the the God of Abraham and Moses" and then
say I also pledge allegience to Jupiter and Neptune and Thor.
I cannot "pledge" to the Yankees and the also "pledge" to the Red Sox.


I cannot "pledge" to the United States and also to the France.

So, the question is, can I pledge to the US and to the state (nee
Republic) of Texas?

Paul Finkelman

--
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

918-631-3706 (office)
918-631-2194 (fax)

[EMAIL PROTECTED]

Nelson Lund wrote:

    
Does the logic of this objection to the Texas pledge mean that
people
who pledge allegiance to the United States are "nullifying" their
allegiance to God?

Nelson Lund


Paul Finkelman wrote:


      
I received the follow question from an English professor in one of
the
Texas state colleges.  I wonder what people on this list think of
the
law law and her question:

"The state legislature passed a law this session that mandates
schoolchildren pledge an allegiance to the Texas flag as well as
the US
flag each morning.  It goes:  "Honor the Texas flag; I pledge
allegiance
to thee, Texas, one and indivisible."

My question is this: if I pledge allegiance to Texas, am I not
then
nullifying my pledge to the US?  Do I not, by pledging allegiance
to one
state, NOT pledge any allegiance to the other 49?  This seems
unconsitutional to me, but then what do I know? "

--
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

918-631-3706 (office)
918-631-2194 (fax)

[EMAIL PROTECTED]


        
      

  

--
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

918-631-3706 (office)
918-631-2194 (fax)

[EMAIL PROTECTED]

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