Brownback Applauds Passage of Flag Amendment

Brownback Applauds Passage of Flag Amendment
Constitutional amendment gives Congress authority to protect flag

Thursday, May 4, 2006

WASHINGTON - U.S. Senator Sam Brownback today applauded passage of the Flag Desecration Resolution by a 6-3 vote in the Judiciary Subcommittee on the Constitution.

"The passage of the Flag Desecration Resolution is a positive step toward restoring the values enshrined in our Constitution by allowing the people to decide if their flag is worthy of protection," said Brownback. "The flag is the common symbol that every American shares, despite our differences. I am proud to have cosponsored the flag protection amendment in every session of Congress since I became a member, and to have supported it each time the bill has been voted upon in the Senate."

Today's vote in the Judiciary Subcommittee on the Constitution sends the resolution to the full Judiciary Committee. A constitutional amendment requires a two-thirds vote from both the House and Senate and approval by the states.

Brownback continued, "It is appropriate that we send this constitutional amendment to the states to let the people decide whether to grant protection to the fundamental symbol of our nation. The flag is the symbol of America and represents our national unity and the diverse cultures, beliefs, and customs that make up our great nation."

Until the Supreme Court's 1989 ruling in Texas v. Johnson, the Congress and the states retained the ability to protect the flag. In Johnson, however, the Court ruled 5-4 to strike down a Texas statute prohibiting flag desecration. The ruling had the effect of invalidating similar statutes in 48 states and the District of Columbia, as well as a 20-year-old federal statute. The Court ruled that the burning of the flag in this case was expressive conduct and that the Texas statute was aimed at suppressing this expression.

http://brownback.senate.gov/pressapp/record.cfm?id=255157&&days=365&