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Home: News Center: Speeches
Statement Of Senator Jim Bunning On S. J. Res 12 The Flag Protection Amendment
Washington, DC
Tuesday, June 27, 2006
Mr. President, I rise today in support of Senate Joint Resolution 12, the Flag protection constitutional amendment. It is fitting for the Senate to address the issue on the eve of our nation’s most celebrated national holiday – the Fourth of July.
For over two hundred years, from the time of the Revolutionary War to this very moment, the American flag has served as the most unifying and visible symbol of our great nation. It is a symbol that knows no particular political affiliation or ideology. It is a symbol that has many different meanings for many different people. And most importantly, it is a symbol of our nation’s great freedom that so many men and women in our armed services have and continue to sacrifice to protect.
I believe it is an insult to those sacrifices to stand idly by while the flag is desecrated. It is time to show the same honor to our flag as we do to those who have sacrificed to protect it. I believe that we owe it to Old Glory and that is why I am here today to speak in support of a constitutional amendment to protect our flag.
This amendment is necessary to restore protections for the flag that the Supreme Court wiped away in its 1989 ruling in Texas v. Johnson. In that 5 to 4 ruling, the Court set aside long standing national and state laws that protected our flag and recognized and honored its place in American society.
Congress quickly acted in response to that ruling through the passage of the Flag Protection Act of 1989. The Supreme Court, however, was also quick to act. In another 5 to 4 decision in 1990, the Court again found that flag protections were inconsistent with their view of the rights protected by the First Amendment.
But the Court is once again out of touch with America. Its view that flag burning should be protected is not shared by many Americans. In fact, the vast majority of Americans think just the opposite. Nationwide, over 70 percent of Americans think it is important for us to pass a law to protect the flag. And in my state, that number is even higher – 87 percent think that it is important that we act now to protect the flag.
It is time that we turn this issue back to the people. The Constitution provides an amending process for a reason. The bar to enact a constitutional amendment is high, requiring a two-thirds vote of both the House of Representatives and the Senate. Likewise, the amendment must be ratified by three-fourths of the states. But in the rare instance when those super-majorities can be assembled, the Framers gave us a way to change the Constitution and for the people’s voice to be heard. That is just what we should and must do.
Since the Supreme Court’s rulings, the House of Representatives passed a flag protection amendment five times – most recently last year. The Senate has also taken up the issue, but unfortunately failed to get the necessary 67 votes. By all accounts, this time the Senate is within one vote of adopting the amendment and sending it to the states for ratification.
I have no doubt that should the Senate pass this resolution it would be ratified by the States. While this issue is currently being debated at the national level, states have been quick to show their overwhelming support for such a resolution. Since 1989, all 50 States have enacted resolutions asking Congress to pass a flag protection amendment.
Mr. President, we owe it to Old Glory to protect each and every one of its stars and stripes.
Two weeks ago, I had the honor of introducing a man who fought to rescue Old Glory from would-be flag-burners. Rick Monday, a former center fielder for the Chicago Cubs and a Marine Corps Reservist, rescued the American flag from being burnt by two protestors during a 1976 baseball game between the Cubs and the Dodgers.
Monday was playing center field for the Cubs that day, when suddenly in the 4th inning two protesters ran onto the outfield grass carrying the American flag. These two individuals then proceeded to spread the flag on the ground, dousing it with lighter fluid and pulling out matches to light it on fire. But before they could act, Monday dashed from his position swiping the flag right out from under their noses to the sound of thunderous cheers from the crowd.
Following Monday’s patriotic actions those in attendance that day burst into a chorus of God Bless America. Whether you are a player or a fan, we all have our favorite memories from America’s past time, but few of those moments compare to Monday’s act of patriotism. It is arguably one of the greatest moments the game has ever seen. In fact, the Baseball Hall of Fame recognized it as one of the 100 Classic Moments in the history of baseball. Monday, a true American Patriot, fought to stop what he knew was wrong in 1976 and is still wrong today.
Some may argue that burning the flag is a form of speech. I do not agree with those people. In the 1989 flag burning case Texas v. Johnson, late Chief Justice William Rehnquist said it well in his dissent when he said that flag burning is more like a grunt or roar designed to antagonize others than it is a form of speech.
Well Mr. President, it is time that this body acted to protect Old Glory from those who wish to indulge in its desecration. We owe it to our past, present and future generations. And ultimately, we owe it to the brave men and women who sacrifice so much to protect us at home and abroad.
Each and every one of us should recognize what a privilege it is to live under the Stars and Stripes. And like Monday, we should do everything we can to protect and honor our flag. After all, what it represents is the very reason our troops are putting their lives on the line right now in the War on Terror. When you disrespect the flag you are disrespecting our men and women in uniform.
Mr. President, on the eve our nation’s most important national holiday, the Fourth of July, I urge my colleagues to protect our nation’s great flag.
I believe it is our duty as public servants to protect one of our nation’s greatest symbols of freedom – Old Glory.
Thank you Mr. President. I yield the floor and any remaining time.
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