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| May 4th, 2006 |
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Media Contact(s): Peter Carr (202) 224-9854
Jared Whitley (202) 224-0134 |
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Printable Version |
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HATCH FLAG AMENDMENT CLEARS CONSTITUTION SUBCOMMITTEE
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Washington – By a 6 to 3 vote, the Senate Subcommittee on the Constitution today cleared the flag protection amendment sponsored by Sen. Orrin G. Hatch (R-Utah). House of Representatives approved the amendment on June 22, 2005, and Senate Majority Leader Bill Frist has promised that the full Senate will vote on the measure this June.
Hatch's subcommittee statement follows:
I want to thank both the Chairman, Senator Brownback, and the Ranking Minority Member, Senator Feingold, for scheduling this meeting of the subcommittee. I would also like to thank Chairman Specter for helping to accommodate this meeting. Spring is always a very busy time in the Senate. And the Judiciary Committee has a particularly crowded agenda, so I appreciate your taking the time today to consider S.J. Res. 12, the Flag Protection Amendment.
The purpose of this amendment is simple. It restores the right of the American people, through their elected representatives, to protect the flag from desecration. Prior to a series of misguided Supreme Court decisions, this was a right that Americans always had. Ordinary Americans, from every state, understand that their sovereign authority has been undercut by these decisions, and they support this restoration of their authority through this amendment.
It is supported by many organizations, representing Americans of all stripes—the American Legion, the Fraternal Order of Police, the Knights of Columbus, the Jewish War Veterans, and many others.
Prior to 1989 and the Supreme Court’s determination in Texas v. Johnson that the First Amendment guarantee of expressive conduct protects an individual’s right to burn the American flag, 48 states and the District of Columbia had laws regulating physical misuse of the American flag. And America’s political debate was no less dynamic and robust then, than it is today.
When that decision unnecessarily overturned all of those laws, the American people did not accept that decision passively. Every state petitioned Congress to do what it could to protect this unique symbol of our nationhood. Responding to our constituents, our only option was to amend the Constitution and restore the authority of the nation’s lawmakers to protect the flag.
Over time, this amendment has achieved the widespread, bipartisan support that frequently eludes us. The House of Representatives has passed the amendment in six consecutive congresses. And in the Senate, the amendment has gained support with each passing year. By argument and conversation—through ten hearings with dozens of witnesses—we have achieved a real bipartisan consensus. The Senate’s Democratic Leader has been a supporter. And on this subcommittee, I am proud to count Senator Feinstein as a cosponsor of the amendment and as a real friend in this debate. In the 109th Congress we have 57 bipartisan cosponsors, and there are several other senators who have supported this amendment in the past.
And though this amendment has been around for quite awhile, the American people have remained steadfast in their support of it. In poll after poll, we find the same result—Americans want to provide legal protection for their flag.
Yet, we still have an uphill battle. I understand that there are real disagreements among some with the approach that we are taking. Instead of a constitutional amendment, my colleague from Utah, Senator Bennett, has proposed a statute that would criminalize desecration of the American flag. I respect his opinion. And I actually believe that his approach might make a good law. But in my opinion, it is a law that would only be constitutional if we first passed this amendment.
I understand that there is some reticence among my colleagues to take this step of amending the Constitution. But I would remind them of something the American people have never forgotten—the Supreme Court is only human, and those judges sometimes get things wrong. They got it wrong in the cases Texas v. Johnson and United States v. Eichman. As Abraham Lincoln noted, a people that sits idly by instead of challenging a misguided Supreme Court decision have ceased to be their own masters. In the United States the people rule. It is the people’s Constitution. And when judges misinterpret the Constitution, it is the obligation of citizens and their political representatives to correct them. In this country, the people are supreme.
Some people say that this amendment will ban desecration of the American flag. It does not. This amendment merely restores Congress’ traditional authority to provide legal protection for the flag. And I would remind my colleagues that we do not do anything unilaterally here. If we pass this amendment, we send it to the states, where three-fourths will have to ratify it before it becomes the law of the land. By passing this amendment, we give to the American people an opportunity to act in their fully sovereign capacity. And if the amendment is ratified, any law that Congress passes to protect the flag will be written by legislators who are responsible to their constituents.
We live in a democracy. This amendment enables democratic action. We should be proud to vote for such an amendment.
Thank you again to the Chairman and Senator Feingold for holding this meeting and to the Chairman of the Committee for accommodating our schedules. I encourage my colleagues to vote for this amendment, and I encourage its prompt consideration by the full Committee at its earliest opportunity.
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