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This week, Congress
passed an important
piece of legislation
that protects the values
behind our American
flag. Sponsored by
Congressman Randy “Duke”
Cunningham (CA-50), the
bill looks to pass in
the U.S. Senate by a
two-thirds majority vote
for the first time.
But, members, we will
need your help.
Please note the
statement by the
Citizens Flag Alliance
organization, a group
advocating for the right
to protect the American
flag. In addition,
please read the article
by Representative
Cunningham. Both pieces
provide further insight
about why “Old Glory”
needs to be protected by
a law prohibiting flag
desecration.
NFRW is asking you to
participate in the cause
by doing two things.
Please write a letter to
the editor about this
issue and call your
Senators. We need to
get the word out to our
communities and
encourage our Senators
to vote “yes” on this
bill.
To find addresses and
phone numbers, visit
www.congress.gov or call
(202) 224-3121 to reach
the U.S. Capitol
operator.
Flag Protection
Amendment Again Passes
the House of
Representatives
June 22, 2005
By the Citizens Flag
Alliance
Reflecting results of
polling done earlier
this week, the U.S.
House of Representatives
overwhelmingly passed
H.J. Res. 10, the
Cunningham-Murtha flag
protection amendment.
The 286-130 vote was the
sixth consecutive time
that the House has
approved the amendment.
The amendment reads:
“The Congress shall have
power to prohibit the
physical desecration of
the flag of the United
States.”
A survey conducted by
Opinion Research
Corporation, June 16-19,
revealed that 81 percent
of the American people
believe flag desecration
should be against the
law; 75 percent of those
surveyed favored a
constitutional amendment
that would allow such a
law.
“It’s very clear that
both the people and
their representatives
believe that the flag
has value, and indeed it
does,” said Maj. Gen.
Patrick H. Brady (USA
Ret.), Chairman of the
Board of the Citizens
Flag Alliance.
“Legalized flag
desecration also
desecrates our values as
a nation. Burning the
flag is wrong, but what
it teaches is worse. It
teaches that the
outrageous conduct of a
minority is more
important than the will
of the majority. It
teaches that our laws
need not reflect our
values, and it teaches
disrespect for the
values embedded in our
Constitution as embodied
by our flag,” noted
Brady.
In 1989 the U.S. Supreme
Court, in Texas v.
Johnson, invalidated
flag protection laws in
48 states and the
District of Columbia.
All 50 state
legislatures have passed
memorializing
resolutions asking
Congress to pass an
amendment and send it
back to the states for
ratification.
In a letter to Congress,
Gen. Norman Schwarzkopf
underscored the
importance of protecting
the flag, saying, “The
flag remains the single,
pre-eminent connection
among all Americans. It
represents our basic
commitment to each other
and to our country.
Legally sanctioned flag
desecration can only
serve to further
undermine this national
unity and identity that
must be preserved. I am
proud to lend my voice
to those of a vast
majority of Americans
who support returning
legal protections for
the flag. The flag
protection
constitutional amendment
is the only means of
returning to the people
the right to protect
their flag.”
Brady said that the
desire for the amendment
is not just about the
flag, but also about
America’s values. “At a
time when America’s
values are under attack,
the action of the House
is an important step
toward preserving those
values.” Brady offered
that the courts have
legalized flag
desecration; they have
declared
unconstitutional the
activities of the Boy
Scouts, the Pledge of
Allegiance, and the
display of the Ten
Commandments. “Whatever
anyone may think of
these issues,” he said,
“these actions are not
sanctioned for the
courts to decide by the
Constitution. They
belong to the people to
decide.”
With passage of the
amendment in the House,
it will go next to the
Senate and with passage
there would go to the
states for ratification.
Article V of the
Constitution requires
support from two-thirds
of both chambers of
Congress and
ratification by
three-fourths [38] of
the states for an
amendment to become part
of the Constitution.
The Citizens Flag
Alliance is a
broad-based, national
coalition seeking to
return to the American
people the right to
protect the American
flag from acts of
physical desecration.
Its membership includes
146 civic, fraternal,
veteran, minority and
business organizations.
Amendment is Our Right
June 14, 2005
By Rep. Randy “Duke”
Cunningham (CA-50)
More than 15 years ago,
the Supreme Court
reversed 200 years of
legal tradition and
struck down laws
prohibiting desecration
of the American flag. In
this case, the court
disregarded historical
and legal precedent,
claiming that laws
prohibiting flag
desecration infringe on
free-speech rights.
Given the court's
disposition, it is clear
a constitutional
amendment is necessary
to protect the flag.
This amendment would
return to the American
people the right to
protect the flag from
desecration and
disgrace.
Our Founding Fathers
recognized that there
was a national interest
in protecting the flag,
and until 1989, the
courts concurred. They
recognized, as most
Americans do, that the
free-speech rights of
individuals must be
considered in relation
to the rights of all
people, most of whom
support protecting our
national symbol.
Restricting flag
desecration does not
limit the right of
individuals to express
their views. There are
still many avenues to do
so. It simply protects
the physical integrity
of the flag.
All Americans have a
stake in each and every
flag, and when we allow
individuals to degrade
it, we devalue the
universal investment and
infringe on the rights
of others.
To allow desecration of
the flag dishonors those
who sacrificed to
protect the ideals for
which the flag stands.
We have asked many to
make that sacrifice for
this nation, and it is
in the public interest
to ensure that the flag
they fought for is
protected.
All 50 states have
passed resolutions
supporting the
restoration of flag
protections. The framers
of our Constitution set
forth a process for
amending the
Constitution to ensure
that the will of the
people is carried out
when the public
consensus demands
change.
The First Amendment is a
valuable tool for the
freedoms our country
cherishes and enjoys.
Any flag amendment
proposed could be shaped
to such a narrow scope
so as not to disturb the
protections of the First
Amendment. Protecting
the American flag from
desecration is
consistent with free
speech, and it is an
affirmation of the
resiliency of our
democratic system.
Rep. Randy "Duke"
Cunningham, R-Calif., is
prime sponsor of the
proposed constitutional
amendment to authorize
Congress to prohibit
desecration of the flag. |