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Political Briefing 
 National Federation of Republican Women
Vol. 3, Briefing No. 20 
u June 24, 2005


 

 

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.

www.cfa-inc.org

www.usatoday.com

 

 

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