House OK's Amendment Banning Flag Burning

[registerthis]

Taken from http://news.yahoo.com/s/ap/20050622/...o/flag_burning

By LAURIE KELLMAN, Associated Press Writer
35 minutes ago

WASHINGTON - The House on Wednesday approved a constitutional amendment that would give Congress the power to ban desecration of the American flag, a measure that for the first time stands a chance of passing the Senate as well.

By a 286-130 vote — eight more than needed — House members approved the amendment after a debate over whether such a ban would uphold or run afoul of the Constitution's free-speech protections.

Approval of two-thirds of the lawmakers present was required to send the bill on to the Senate, where activists on both sides say it stands the best chance of passage in years. If the amendment is approved in that chamber by a two-thirds vote, it would then move to the states for ratification.

Supporters said the measure reflected patriotism that deepened after the Sept. 11, 2001 terrorist attacks, and they accused detractors of being out of touch with public sentiment.

"Ask the men and women who stood on top of the (World) Trade Center," said Rep. Randy (Duke) Cunningham, R-Calif. "Ask them and they will tell you: pass this amendment."

But Rep. Jerrold Nadler (news, bio, voting record), D-N.Y., said, "If the flag needs protection at all, it needs protection from members of Congress who value the symbol more than the freedoms that the flag represents."

The measure was designed to overturn a 1989 decision by the Supreme Court, which ruled 5-4 that flag burning was a protected free-speech right. That ruling threw out a 1968 federal statute and flag-protection laws in 48 states. The law was a response to anti-Vietnam war protesters setting fire to the American flag at their demonstrations.

The proposed one-line amendment to the Constitution reads, "The Congress shall have power to prohibit the physical desecration of the flag of the United States." For the language to be added to the Constitution, it must be approved not only by two-thirds of each chamber but also by 38 states within seven years.

Each time the proposed amendment has come to the House floor, it has reached the required two-thirds majority. But the measure has always died in the Senate, falling short of the 67 votes needed. The last time the Senate took up the amendment was in 2000, when it failed 63-37.

But last year's elections gave Republicans a four-seat pickup in the Senate, and now proponents and critics alike say the amendment stands within a vote or two of reaching the two-thirds requirement in that chamber.

By most counts, 65 current senators have voted for or said they intend to support the amendment, two shy of the crucial tally. More than a quarter of current senators were not members of that chamber during the last vote.

The Senate is expected to consider the measure after the July 4th holiday.

Great...when there are so many important issues to tackle, Congress instead decides to spend their time stifling yet another method of dissent.

Let's see, the American flag stands for freedom, but we can't excercise that freedom by burning it. Makes sense to me!

[jmcclain19]

No way this passes the amount of states needed to make it an amendment.

Pathetic encroachment on free speech - IMO

[KronoRed]

Is there a flag burning epidemic that I've missed?

[registerthis]

I get so fed up reading quotes like this:

"Ask the men and women who stood on top of the (World) Trade Center," said Rep. Randy (Duke) Cunningham, R-Calif. "Ask them and they will tell you: pass this amendment."

You know what? if you ask the men and women who stood at the top of the Trade Towers, I'd bet they'd also ask for proper funding for the TSA staff. And a non-intrusive DHS. And improved relations with foreign nations. And an end to the practice of torture by our government. And on and on and on.

I'm guessing "flag burning" would be pretty low on their priority list.

[Roy Tucker]

Yeah, I'm not too keen on burning the flag, but there are a lot of things I'm not too keen on that I'll defend the rights of people to do them.

[Puffy]

I would never ever burn the flag. And if I saw someone burning the flag I would have a real problem with it (I'm a toughguy!)

But I thought amendments were for important things, like the Bill of Rights, the civil rights amendments, women's rights, the limiting of presidential terms, not some arcane crap like flag burning. Then again, the last time Congress intervened like this, the Prohibition Amendment, it worked really well

[Johnny Footstool]

But Rep. Jerrold Nadler (news, bio, voting record), D-N.Y., said, "If the flag needs protection at all, it needs protection from members of Congress who value the symbol more than the freedoms that the flag represents."

Yes.

[Dom Heffner]

This will never, ever die. It will come up again and again, and it will keep on losing. What an incredible waste of time as well as being contradictory.

[RedFanAlways1966]

Some of you may be surprised at the number of things that our Congress votes on... and may consider it a waste of time. Happens all the time. We have the chance to change these people every 2 years in the House.

If you get a chance... Google up House voting records. Lots and lots of things voted on in each session of Congress. You'd laugh at some of these things and shake your head at some.

None of us agree with all things that happen in that great building called the U.S. Capitol. As some here are vocal with their disapproval of this issue, there are a lot of people in this country who differ with your opinion. Perhaps these people were raised in a different era. Perhaps they fought on the beaches of Normandy, Iwo Jima... or Pork Chop Hill or a jungle in Vietnam. They may have a different opinion about flag burning. Some countries would have you put to immediate death for burning their flag (old Iraq?).

Just a fact of life. Lots of time wasted in D.C.... depending on your opinion. You can try to change these time wasters (at least one Congressperson and two Senators) with your efforts and your vote. And you have the freedom to express your disgust at the way they do things and how they vote (some countries will kill you for having a dissenting opinion).

It is good and it is bad at times. Just depends on your opinion. But I'll take it over many-many other countries everyday of the week and twice on Sundays.

[Falls City Beer]

But I'll take it over many-many other countries everyday of the week and twice on Sundays.

I would too, especially when it's a country that defends my freedoms and doesn't seek to abridge them with jingoism and false patriotism.

The Constitution's a pretty brilliant work.

[Unassisted]

This is a wedge issue that conservatives can use to bash non-conservatives over the head in attack ads, as it wends its way through state legislatures around the country.

Fast forward to 2008...

"Representative Jones is wrong for the 99th district. He cast a vote in support of crazy people who want to burn our American flag! Use your vote to show the state how much you love our country and our flag, elect Candidate Smith in November."

[Jaycint]

While I find it repulsive to think of someone burning the flag of their own country I will defend the right of that person to do so every day of the week based on the first ammendment.

[M2]

I don't particularly understand why anyone feels the need to burn a flag or why anyone gets overly peeved if someone does (I put that one in the same file as Muslims getting worked up over defiling the Quran).

All this said, if the flag burning amendment ever gets passed, I'm going to start burning flags all the time. I won't barbecue without one.

[Falls City Beer]

I don't particularly understand why anyone feels the need to burn a flag or why anyone gets overly peeved if someone does (I put that one in the same file as Muslims getting worked up over defiling the Quran).

All this said, if the flag burning amendment ever gets passed, I'm going to start burning flags all the time. I won't barbecue without one.

I'd put it in the file with the episode of Jerry Springer circa 1991 where his guest was GG Allin threatening to take a poop on the Bible.

[CTA513]

Im starting up my own "Anti-Flag Burning Task Force"... If I find someone burning a flag I will shoot them.