Posted on 06/05/2003 10:12:36 AM PDT by sheltonmac
First came the Patriot Act, rammed through Congress without even being read by the vast majority of its supporters. Then came threats of a Patriot Act II. Now we have members of the House of Representatives telling us that we need to amend the U.S. Constitution in order to protect the American flag from desecration. They made their wishes known with a vote of 300 to 125 in favor of a new flag-burning amendment.
No doubt their actions were intended to stoke the fires of patriotism burning in a post-9/11 America, but with all the serious issues that have yet to be confronted in this country, should flag desecration really be a priority? With the callous disregard our elected officials have for the Constitution, do we really want them tampering with it?
The proposed amendment reads, "The Congress shall have power to prohibit the physical desecration of the flag of the United States." Such carefully chosen language could only mean that the door to creative interpretation has been left so wide open that congressional power governing the treatment of Old Glory would be virtually limitless.
Picture for a moment what life would be like if this amendment were passed. If the government defines "flag desecration" as loosely as it now defines "terrorism," then everyone will be a potential suspect. Would only the active defacing of the American flag be criminalized? What about passive desecration? Will I be expected to report someone flying an old, faded and torn flag in his front yard to the local storm troopers? Will extra patrol cars be cruising neighborhoods to ensure that all flags flying at night are properly illuminated? Would anyone caught wearing American flag boxer shorts be subject to arrest?
Before you jump to the conclusion that this is just another Chicken Little warning of celestial collapse, remember that this is the fifth time such a resolution has won House approval in the last eight years. While passage in the Senate is less likely, it is clear that there is growing support for this issue.
In order for an amendment to become part of the Constitution it must pass by a two-thirds majority in both houses of Congress. It then goes to the states, where it must be ratified by a three-fourths majority. But given the fact that every state legislature has already passed a resolution calling for a flag protection amendment, it may be closer than we realize.
This may sound a little paranoid, but what about 10 or 15 years from now? Is it really all that unimaginable?
I'm sure there was a time in this country when people scoffed at the idea that government would be able to confiscate up to 50 percent of a worker's income. I'm sure there was a time when the possibility of states losing their proper representation in Congress was unthinkable. But we have since seen amendments added to the Constitution—the 16th and 17th—that have brought those nightmares to life.
Supporters of the flag protection amendment say that burning the flag shows disrespect for America as a whole. Much like the recent push in many states to require students to recite the Pledge of Allegiance, this proposed amendment is designed to deflect our attention away from the real problem with government. Just get the people to focus on things like patriotism and national loyalty and they'll forget all about what really goes on behind closed doors at our nation's capitol.
If we ban flag desecration because it's a sign of "disrespect for America," what's next? Do we start banning other forms of symbolic protest against the government? Will websites displaying the flag in a questionable manner be shut down? Will states be allowed to ban desecration of their own flags? Could we perhaps take the concept a step further and ban members of Congress from desecrating the U.S. Constitution?
Those who support allowing Congress to define and criminalize something as broad as "flag desecration" are guilty of an even more vile form desecration: they are trampling on the very essence of liberty upon which this nation was founded. The Constitution was not meant to be a plaything, but it seems to have become a toy in the hands of spoiled little children.
Good questions all, especially the last.
Besides, how else can you say "I am a pretentious idiot who'd rather get up peoples' noses than convince them of anything?" Clearly, flag-burning deserves First Amendment protection for this reason alone.
I disagree with a Constitutional amendment to protect the flag...
....But fail to see how a downright stupid Constitutional ammendment which will hopefully die in committee relates to the Patriot act.
I served to protect the rights of citizens for peaceful assembly to petition greviences. There isn't a freedom of "expression". I did not serve to see rights being abused to the point of burning a symbol of those freedoms.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
I do not see where burning the flag is a right, nor is it protected in freedom of speech.
I listened this morning to Wisconsin Public Radio (I know that was stupid of me :) ), but the ignorance of the American public when it comes to the Constitution had me screaming.
Although, admittedly less so in this article, they had a professor on who explained the Amendment, and then went on to whine about the "slippery slope" of our 1st Amendment right, and the "Right-wing" and "nationalistic" bias of the Congress. They then went to phone calls (not one out of 20 pro-Amendment btw.), and at least half said something stupid about this being "unconstitutional".
It may be unconstitutional today, but the purpose of the Amendment process is to change the Constitution. It is only one of two ways allowed to do so. The framers made it so extremely difficult for a reason. But people didn't get it!!! They would say things like "this should be taken to the Supreme Court and struck down" duh?
Sorry about the rant, but isn't it time our schools actually taught the Constitution?
I don't see the need for an Constitutional ammendment here.
If you believe that the flag is a symbol of freedom, and you burn it in protest. Wouldn't that say that you do not want freedom? You would be in fact doing away with your rights under that symbol. Once burned, you created a void for another standard in your philosophy. If it isn't the American Standard, under the Standard of America, where do you stand?
Follow me?
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