Yesterday, once again, an amendment to protect the American flag failed in the U.S. Senate. According to a brief comment in the New Yorker, this is the sixth such proposal to fall short after passing in the House. This, however, was its smallest margin of failure, 66 to 34. Amazingly, among the many recent votes in the Senate, this one actually had all 100 Senators voting and no abstentions. It was evidently that important.
And the amendment itself was not complicated or even restrictive. All it said was "The Congress shall have power to prohibit the physical desecration of the flag of the United States." Not that desecration was prohibited, just that the door was open in case Congress should like to take the next step.
Just what does Congress intend with such an amendment? Seventeen years have passed since the Supreme Court ruled that the First Amendment protected free speech in the form of flag burning. It now seems that our Legislature has become concerned over their freedom to pass legislation. So, in order to protect the rights of all Americans, including theirs, Senators and Representatives must assert their right to construct laws that win them popularity points (and votes) from among the self-proclaimed patriots and rights advocates in their home districts and states.
I understand that there was a good deal of impassioned speech on the Senate floor. I also understand that no Senators were confused about the symbolic nature of the flag. But I have become lost in the maze of why. Why do we need to debate this every election year, specifically as we near July 4th? Why does a 230-year old nation want to join the ranks of other nations who are overly concerned with protecting their heritage? Why this debate in the year following the President's call for an increase in the funding for math and science education, while there was nothing similar concerning U.S. history (or, for that matter, English) classes?
You may see this all as a Republican (3 nays) vs. Democrat (14 yeas) issue, or even as a conservative vs. liberal issue. And perhaps it is. But if we are to re-consider this every two years, the only label I would attach to it is a "straw-man" issue.
I would also like to attach some choice quotes picked up by the New York Times:
"Old Glory lost today" -- Sen. Bill Frist
"I think this is getting to where [amendment opponents] are not going to be able to escape the wrath of the voters" --Sen. Orrin Hatch
"The Senate came close to torching our Constitution, but luckily it came through unscathed... We applaud those brave senators who stood up for the First Amendment and rejected this damaging and needless amendment." --Caroline Fredrickson, director of the ACLU Washington legislative office.




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