Thursday, June 23, 2005
Burning whose flag?
With an ongoing war in Iraq, Osama bin Laden still in hiding, massive federal budget deficits, and necessary Social Security and Medicare reform on the table, one would think that Congress would have a full plate of serious issues to tackle.
Instead, the House of Representatives on Wednesday voted 286-130 to push forward an amendment to the U.S. Constitution that says, "The Congress shall have the power to prohibit the physical desecration of the flag of the United States." The majority had eight votes more than the two-thirds necessary to send it on to the U.S. Senate. The Associated Press reports that there are close to enough votes in that body to then send the measure on to ratification by the states. Supporters would have seven years to secure approval by 38 states.
All due respect to the flag, but the discussion amounts to little more than a foolish symbolic effort. Only a handful of malcontents ever burn the flag, and the flag itself is not something sacred, even as it stands as an important symbol of the country and its commitment to freedom. Freedom, in fact, would only be undermined if the government were given authority to punish individuals who do not share the same love of the flag as the majority of citizens. And the term "desecration" is nebulous enough that we can imagine prosecutions for infractions far less than flag burning.
(snip)
There should be nothing legally wrong with burning one's own flag on one's own property. Burning someone else's flag, or burning it on someone else's property, or even on public property, is something altogether different, but not something that would require a constitutional amendment to fix. We should resist tinkering with the Constitution except for truly fundamental issues, such as eliminating slavery.
Rather than stick up for a piece of cloth, members of Congress ought to stick up for the founding principles of the nation. They ought to pursue substance over symbolism. Perhaps the Senate will say no, thus sparing a seven-year fight in state legislatures across the country. Really, there are more serious battles to fight.
http://www.ocregister.com/ocr/2005/06/23/sections/commentary/editorials/article_570550.php