Flag Day:  June 14

Each year on June 14, we have the opportunity to celebrate Flag Day.  It's a day for us to fly the American flag and reflect on the symbolism it holds for our country.  It commemorates the day in 1777 when the Second Continental Congress adopted the flag as an official symbol of the then-fledgling nation.  It wasn't until 1916 that it was officially proclaimed as Flag Day; and Congress established National Flag Day in 1949.  While June 14 is not an official holiday, it is part of United States Code.  You might find it interesting that Pennsylvania is the only state to celebrate Flag Day as a state holiday.  Throughout the week, Americans are encouraged to fly the American flag.  It should also be displayed on all government buildings.  Some communities hold observances, ceremonial flag-raisings and parades to mark the day.

One of the most emotional issues surrounding the U.S. flag is that of desecration of this important symbol.  I believe that flag burning should be prohibited, and have voted in the past to amend the Constitution to prohibit flag burning. In 2007, S. J. Res. 12 came one vote shy of the required two-thirds majority necessary to pass; I voted in favor of the amendment.  This proposed amendment to the constitution would have given Congress the power to prohibit the desecration of the flag.

Flag desecration is an important and emotional issue for many Americans. The flag is one of the most visible symbols of our great history, the struggles for independence, and the values that we, as Americans, hold very dear. A symbol of this magnitude deserves our protection. Opponents of a flag desecration amendment argue that by taking away the right to use the flag during a moment of protest infringes upon the freedoms that the flag represents. However, a restriction on physically desecrating the flag would not eliminate a person�s ability to use one of the many other equally effective methods of protest.

In 1989, the Supreme Court heard the arguments in the case of Texas v. Johnson. The Supreme Court ruled in a 5-4 decision that the burning of the flag was protected as speech under the First Amendment. This decision invalidated statutes that outlawed flag desecration in 48 out of 50 states. (click for more about Texas v. Johnson)

For this reason, a constitutional amendment was necessary to protect the flag. In order to amend the constitution, the amendment would have needed to pass both the House and the Senate with a two-thirds majority. Then, it would have been presented to the states where ratification from three-fourths, or 38, of the states would have been necessary. The House of Representatives has passed a Flag Desecration Amendment six times in the last ten years.

 

Last updated 06/10/2009
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