Burning Issue on House's Agenda

Burning Issue on House's Agenda
June 23, 2005

The American flag serves a unique role as the symbol of the ideals upon which our country was founded and our common commitment to the preservation of those ideals. It is the most recognized symbol of freedom and democracy in the world. The American flag is a symbol of hope, freedom, and unity. The flag symbolizes the shared history of all Americans and our collective commitment to the preservation of the ideals enshrined in our Constitution. America's soldiers salute the flag of the United States in times of peace, and generations of America's soldiers have fought and died for it in times of war.

We recently celebrated Flag Day on June 14. Although this date does not have the same recognition as does the 4th of July, it is very important to Wisconsin. Flag Day originated at Ozaukee County's Stony Hill School in 1885. When I walk in Waubeka's annual Flag Day parade, I am reminded of the men and women who have fought to defend and preserve the values that the flag represents. These brave Americans serve as a testament to our nation. Their sacrifice was made because they believed in our country and the values that Americans hold dear.

For the first two centuries of our Constitution's existence, it was permissible to protect America's preeminent symbol from desecration. However, in 1989, a closely divided Supreme Court invalidated most states' laws by ruling that burning an American flag as part of a political demonstration was protected by the First Amendment.

Congress promptly responded to this decision, but the following year, the Court struck down the federal "Flag Protection Act," holding that the Act violated the First Amendment. As a result, America's Stars and Stripes lack the legal protection necessary to ensure against its physical desecration. Amending the Constitution is not something that should be done lightly. However, amending the Constitution presents our last viable alternative to protect our nation's most cherished symbol.

This week, the House overwhelmingly passed an amendment to ban the desecration of the American flag by a vote of 286 to 130. Seventy-seven Democrats joined 209 Republicans to pass this legislation in strong, bipartisan fashion. By securing a super-majority vote of 2/3 in the House of Representatives, this resolution has now been sent to the Senate. Although the House has passed the flag amendment resolution five times since Republicans took control of the chamber, the Senate has yet to pass it with the constitutionally-required 2/3 majority, coming close in 2000, when the 63-37 tally failed by four votes. Despite losing the Senate vote in the past, I am hopeful that new members in the Senate elected since 2000 will vote to pass the amendment and send it to the states for ratification. Approval by ¾ (38) of the states within seven years would add the language to the Constitution.

Prior to the 4th of July, the country's tallest flagpole will be raised in Sheboygan County, just north of the tiny schoolhouse where Flag Day originated. Sandwiched between Flag Day and Independence Day, this week marks the perfect time to pass a resolution for the protection of Old Glory, and I hope that the U.S. Senate also sees fit to pledge its allegiance to the U.S. flag.

http://www.house.gov/sensenbrenner/wc20050623.html