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  • TUESDAY JUNE 27 2006 6:00 PM

Senate Rejects Flag Burning Amendment

There are plenty of problems with the modern incarnation of the political protest. The typical protest is overweighed by a veritable rainbow of different groups clamoring for different causes, many of them so outlandish and fringe that it's difficult to believe they take themselves seriously. There's the inevitable man-on-stilts in the crowd, the people wearing papier mache caricatures of political figures, the people who don't really realize what the protest is about, the Mumia Abu-Jamal and Leonard Peltier supporters (regardless of the topic at hand) who couldn't tell you a thing about the people they seek to liberate. All in all, political protests are often a motley crew of progressives looking to change the world all at once, and unfortunately without a whole lot of success lately. What isn't found at modern political protests much any more, however, is people burning the American flag. This form of protest fell out of fashion about thirty years ago, likely when protesters realized that it was a quick and effective way to make sure that no one gave a second thought to the topic you were attempting to address because they were so irritated by you burning their flag. Regardless, flag burning is yet again on top of the GOP agenda for this summer's legislative session, and what's even more odd is that the often discussed and wholly irrelevant consitutional amendment banning came one vote away from passing this time around.

The U.S. Senate rejected a proposed constitutional amendment to empower Congress to outlaw flag burning, falling one vote short of the two-thirds majority required to send the measure to the states for ratification.

The vote was 66-34 in favor of the amendment. Sixty-seven votes are required to approve a constitutional amendment.

To become part of the Constitution, an amendment must also be ratified by 38 state legislatures. Republicans argued that 48 states had outlawed flag desecration before a Supreme Court decision in 1989 invalidated a Texas law. They noted that all 50 state legislatures have passed resolutions urging Congress to approve a constitutional amendment.

Democrats accused the Republicans of ignoring more pressing issues, such as spiraling health-care costs, to score election- year points over flag burning. Democrats made the same charge earlier this month when Senate Republicans unsuccessfully sought a vote on a constitutional amendment to ban same-sex marriage.

``Why are we here? Because the White House and the congressional Republican leadership are nervous about the upcoming election,'' Dick Durbin of Illinois, the Senate's No. 2 Democrat, said during today's debate in Washington. ``We are not setting out to protect Old Glory. We are setting out to protect old politicians.''

Republicans said the issue is above politics, citing bipartisan support in the House of Representatives, which has passed a flag-burning amendment six times in the last 12 years.

``Bringing it up at this time is certainly not an election- year ploy,'' said Utah Republican Orrin Hatch, the measure's prime sponsor. ``We have Democrats and Republicans who feel deeply about this.''


The "debate" is standard fare in what has come to pass for modern political discourse; the farcical discussions that constantly go back and forth in Washington these days. Republicans loudly and brashly trumpet their newest law or constitutional amendment, declaring themselves patriotic in the process, all the while claiming that anyone (ie. Democrats) who opposes their latest brainchild is somehow unamerican or unpatriotic or wants to make out with Osama bin Laden. And then Democrats are shocked, shocked that anyone would be so crass as to challenge their patriotism, and then proceed to vote for whatever the Republicans are trying to pass because they're afraid people might challenge their patriotism. If it weren't so depressing it would be boring. What's especially unfortunate this time, however, is the open support that some Democrats gave it.

The House, meanwhile, has already passed the flag amendment, under the unlikely leadership of Jack Murtha, the Pennsylvania Democrat, and Duke Cunningham, a now-convicted California Republican.


And Harry Reid, along with 13 other Democratic Senators voted for it. So even senior Democrats are jumping on the bandwagon. What's surprising is who lead the charge against it.

Kentucky Senator Mitch McConnell, the deputy Republican leader, voted against the amendment. McConnell has said he favors upholding First Amendment values. Two other Republicans, Lincoln Chafee of Rhode Island and Robert Bennett of Utah, also opposed the amendment.


I'm no fan of Mitch McConnell, but it's nice to see him take a principled stand for something, even if there is some devious plan for personal political gain underlying it.

At issue here is the politicization of a mode of free expression that many undoubtedly find distasteful. I'm not personally all that offended by seeing an American flag burn, but neither would I choose to do so. Regardless, my personal preferences, and the preferences of people like Bill Frist and Orrin Hatch are irrelevant when it comes to determining a constitutional basis for expression. When people like them try to desecrate a document like the constitution by writing in idiocy like the flag burning amendment it's far more offensive than burning a simple flag ever could be. Fortunately the Senate, by the tiniest margin possible, agreed.

 

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Comments
MschfMayhemSoap

MschfMayhemSoap

Phoenix, AZ
April 2006

JUN 27, 2006 06:10 PM

*stands back and prepares for the train of ACLU lawyers to come storming through once the ammendmant finally passes*

mamet

mamet

Charleston, SC
March 2005

JUN 27, 2006 06:14 PM

It should never have been that close.

Hooraydiation

Hooraydiation

Boston, MA
October 2005

JUN 27, 2006 06:17 PM

1 vote!? 1 motherfucking vote?!

On the bright side, at least the side I root for won this time.

Cigarette

Cigarette

Cleveland, OH
April 2004

JUN 27, 2006 06:18 PM

MschfMayhemSoap said:
*stands back and prepares for the train of ACLU lawyers to come storming through once the ammendmant finally passes*


*giggles at the clarification*

MschfMayhemSoap

MschfMayhemSoap

Phoenix, AZ
April 2006

JUN 27, 2006 06:18 PM

It seems not enough people vocalized the point that Burning the Flag is as much a valid tactic for protesting as Burning effigys, though not exactly a much apporved one....

Cigarette

Cigarette

Cleveland, OH
April 2004

JUN 27, 2006 06:20 PM

The "one vote" probably has more to do appearances. I'll bet a lot more people were against it, but knowing it wouldn't pass, voted in favor. It's not like anyone decides the day of the vote. They knew it wouldn't pass days ago and this was just for show.

MschfMayhemSoap

MschfMayhemSoap

Phoenix, AZ
April 2006

JUN 27, 2006 06:20 PM

Clov said:

MschfMayhemSoap said:
*stands back and prepares for the train of ACLU lawyers to come storming through once the ammendmant finally passes*


*giggles at the clarification*



until the house and senate make a complete personnel cahnge, I dont see a whole lot of hope for it dying on the debate floor anytime soon...

Cigarette

Cigarette

Cleveland, OH
April 2004

JUN 27, 2006 06:20 PM

MschfMayhemSoap said:

Clov said:

MschfMayhemSoap said:
*stands back and prepares for the train of ACLU lawyers to come storming through once the ammendmant finally passes*


*giggles at the clarification*



until the house and senate make a complete personnel cahnge, I dont see a whole lot of hope for it dying on the debate floor anytime soon...



No, I just noticed the fact that you edited to tack on that clarification at the end. I found it amusing.

MrCrisp

MrCrisp

I'm lost
August 2004

JUN 27, 2006 06:21 PM

i'm shocked that this didn't pass, especially when "the citizens flag alliance just reported an alarming, 33 percent increase in the number of flag-desecration incidents this year." (source)

of course, that's a 33 percent increase from 3 to 4. important issue my ass. now with this out of the way, maybe our legislature can go back to working on other important issues like gay marriage and abolishing the estate tax. whatever

Westley

Westley

Vatican City
April 2004

JUN 27, 2006 06:25 PM

I predict that if Mucci reads and responds to this thread, it will still be receiving replies directly to him in the year 39678.

seanvegas

seanvegas

Lincoln, NE
December 2004

JUN 27, 2006 06:27 PM

Good. Free speech won another battle!

MschfMayhemSoap

MschfMayhemSoap

Phoenix, AZ
April 2006

JUN 27, 2006 06:30 PM

seanvegas said:
Good. Free speech won another battle!



But not by much... and that frightens me.

GramNegative

GramNegative

I'm lost
October 2004

JUN 27, 2006 06:36 PM

I'll take a constitution and a bill of rights please - just to show I support our president!
zoom image

Cairo

Cairo

SUICIDEGIRL

Maryland, USA

JUN 27, 2006 06:37 PM

Free speech prevails by the skin of its teeth.

jonzes

jonzes

Madison, WI
July 2003

JUN 27, 2006 06:56 PM

Thing is it is totaly spineless of those who voted for it because they know there is about a 0.00000000001 chance of the entire process of amending the constitution happening so they can vote for it knowing it will never happen and then crow about what good americans they are and how democrats love to spit on your grampas grave.

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