• commentary
  • 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.

 

Previous

PAGE: 

1 | 2 | 3 | 4 | 5

Next

Comments
heresy2007

heresy2007

New Paltz, NY
July 2004

JUN 27, 2006 09:06 PM

jonzes said:
How about I sew a flag but make one star slightly mishapen. Have I desecrated the theory of the flag by making improperly? If not can it be desecrated because it is not EXACTLY a flag?



What about if your an American soldier, and the flag has become tattered in the wind, and through some misfortunate turn of events durring it's withdrawl touched the ground? Can you burn it then???

heresy2007

heresy2007

New Paltz, NY
July 2004

JUN 27, 2006 09:09 PM

Cash said:

..it does make you an asshole...but being an asshole is not against the law...and it certainly does not stand against the intentions of our forefathers.



Why exactly in your mind does comitting such an act make someone an "asshole?"

You had such a good arguement, until you ended it with such a backwater statement.

TheInsomniac

TheInsomniac

Washington, DC
October 2003

JUN 27, 2006 09:10 PM

MschfMayhemSoap said:

SaintInsomniac said:

jonzes said:
Here's a question, if I made a tiny american flag out of sodium and then accidently exposed it to air causing it to self combust would I have violated the constitution of the united states?



Actually an interesting question if you consider that the
exact wording of the proposed amendment doesn't specifically outlaw burning the flag. It outlaws any form of desecration.



So the question i: does Burning the Flag as a symbol of protest constitute a "desecration"....



According to Congress? Of course. The real problem is the use of the word "desecration" leaves open the possibility of prosecuting other forms of expression involving the flag, if the act is found to "desecrate" it.

Think of every piece of American flag styled clothing out there. Think of the American flag used as a symbol in anti-establishment art. Think of any act of protest in which a flag is at all damaged. If this amendment were to pass, prosecution of any or all of these things is a possibility given the whims of a future session of Congress.

CannibalChef

CannibalChef

Pittsburgh, PA
November 2005

JUN 27, 2006 09:18 PM

"When I say burn one I mean the star-spangled."

Cash

Cash

USA
OLD SKOOL

JUN 27, 2006 09:19 PM

heresy2006 said:

Cash said:

..it does make you an asshole...but being an asshole is not against the law...and it certainly does not stand against the intentions of our forefathers.



Why exactly in your mind does comitting such an act make someone an "asshole?"

You had such a good arguement, until you ended it with such a backwater statement.




Read closer. It makes you an asshole in my personal opinion...to the same extent that using racial epithets makes you an asshole in my personal opinion. It's my own fucking opinion...and I possess both the intellgence & maturity to separate my own personal opinion from something that I think does not need to be and should not be legislated by a constitutional amendment.

My argument is still a good argument.

Are you actually interested in why I think burning a flag makes you an asshole? If so...allow me to elucidate. I think it makes you an asshole because there is no exchange of ideas. When you burn a flag all you are doing is attempting to piss peple off. You are not trying to debate...you are not engaging in a discussion...you're not trying to say anything but "fuck you"...and "fuck you" never solved anything. It never fixed anything.

legionnaire

legionnaire

Belgium
November 2003

JUN 27, 2006 09:25 PM

OctEgon said:
Uhm....why don't they just make flame retardant flags?



Well, the proper way to dispose of a flag is to burn it. It prevents it from ending up underneath banana peels and special sauce from the hamburgers in the garbage when the flag is worn out and needs to be retired. Flame retardant flags might make disposing of somewhat difficult.

joeywrists

joeywrists

Lake Grove, NY
March 2006

JUN 27, 2006 09:26 PM


Cash said:
you're not trying to say anything but "fuck you"...and "fuck you" never solved anything. It never fixed anything.



yes but "fuck you" leads to fights and fights fix things usually

heresy2007

heresy2007

New Paltz, NY
July 2004

JUN 27, 2006 09:29 PM

Cash said:
[Are you actually interested in why I think burning a flag makes you an asshole? If so...allow me to elucidate. I think it makes you an asshole because there is no exchange of ideas. When you burn a flag all you are doing is attempting to piss peple off. You are not trying to debate...you are not engaging in a discussion...you're not trying to say anything but "fuck you"...and "fuck you" never solved anything. It never fixed anything.



I read what you said for what it was, nothing more.

My question was about YOUR oppinion, not your arguement.


Here is my rebuttle:

Even having a flag is as much a statment of "fuck you" as is burning one! A flag is a symbol, a symbol that represents a nation/ideal/possition ext. To the people that benefit from said flag the image is empowering, from those that don't it is the complete opposite. You are right, burning a flag is a big FUCK YOU, and nothing more. BUT having a flag to begin with is a BIG fuck you too, to the rest of the world tha thas to deal with your national, symbolic reality.

If you have a symbol that shows your power to the world you are in fact saying FUCK YOU to the world. It's like walking around a party holding your cock, and talking about how big it is. Sure, burning that flag is rude, but so is having the image to begin with.

Like I said, as long as there are flags, I'll burn them!

As an artist I know the power of imagery, and I know what OUR flag means to the rest of the world. What it means to Africa, the Middle East, Asia, Europe. As a symbol it is one of the most oppressive visual creations since Alexandra the Great. It has more of an audience then the Swastika did, and besides the cross, and the McDonalds Arches it is the most known symbole across the globe. To the LARGE majority of the world, when they see that flag (image) all it means is oppression.

Therefore burning it is a giant FUCK YOU, and I relish that! Just like your fucking profile picture, but hey....

heresy2007

heresy2007

New Paltz, NY
July 2004

JUN 27, 2006 09:30 PM

legionnaire said:

OctEgon said:
Uhm....why don't they just make flame retardant flags?



Well, the proper way to dispose of a flag is to burn it. It prevents it from ending up underneath banana peels and special sauce from the hamburgers in the garbage when the flag is worn out and needs to be retired. Flame retardant flags might make disposing of somewhat difficult.



actually the new flags made in China are flame retardant...

St_Expedite

St_Expedite

New Orleans, LA
January 2004

JUN 27, 2006 09:43 PM

heresy2006 said:

Like I said, as long as there are flags, I'll burn them!



Yeah, that'll show all those fascists in New Paltz!

ASSH0LE

ASSH0LE

Las Vegas, NV
June 2003

JUN 27, 2006 09:46 PM

heresy2006 said:
What if the flag is made in China?



No, it's only OK to burn an American flag if it's made in Mexico.

heresy2007

heresy2007

New Paltz, NY
July 2004

JUN 27, 2006 09:46 PM

St_Expedite said:

heresy2006 said:

Like I said, as long as there are flags, I'll burn them!



Yeah, that'll show all those fascists in New Paltz!



You don't know my history, where I am from, what my history is, or who I am!

But thanks for the sarcasim, it shows your ignorance.

How is New Orleans by the way? Does it make you want to fly your flag proud? Pledge Alegience and all that? Hand over the heart???

heresy2007

heresy2007

New Paltz, NY
July 2004

JUN 27, 2006 09:47 PM

ASSH0LE said:

heresy2006 said:
What if the flag is made in China?



No, it's only OK to burn an American flag if it's made in Mexico.



Actually I heard if it's made in Mexico that we should deport it first, then hire someone in Tijuana to burn it for us at 1 cent a pound of flags...

Zarth

zarth

Seattle, WA
December 2004

JUN 27, 2006 09:53 PM

heresy2006 said:

St_Expedite said:

heresy2006 said:

Like I said, as long as there are flags, I'll burn them!



Yeah, that'll show all those fascists in New Paltz!



You don't know my history, where I am from, what my history is, or who I am!

But thanks for the sarcasim, it shows your ignorance.

How is New Orleans by the way? Does it make you want to fly your flag proud? Pledge Alegience and all that? Hand over the heart???


Dude. She was kidding.

What are you, some kind of asshole or something?

Cash

Cash

USA
OLD SKOOL

JUN 27, 2006 10:06 PM

heresy2006 said:
I read what you said for what it was, nothing more.

My question was about YOUR oppinion, not your arguement.


Here is my rebuttle:

Even having a flag is as much a statment of "fuck you" as is burning one! A flag is a symbol, a symbol that represents a nation/ideal/possition ext. To the people that benefit from said flag the image is empowering, from those that don't it is the complete opposite. You are right, burning a flag is a big FUCK YOU, and nothing more. BUT having a flag to begin with is a BIG fuck you too, to the rest of the world tha thas to deal with your national, symbolic reality.

If you have a symbol that shows your power to the world you are in fact saying FUCK YOU to the world. It's like walking around a party holding your cock, and talking about how big it is. Sure, burning that flag is rude, but so is having the image to begin with.

Like I said, as long as there are flags, I'll burn them!

As an artist I know the power of imagery, and I know what OUR flag means to the rest of the world. What it means to Africa, the Middle East, Asia, Europe. As a symbol it is one of the most oppressive visual creations since Alexandra the Great. It has more of an audience then the Swastika did, and besides the cross, and the McDonalds Arches it is the most known symbole across the globe. To the LARGE majority of the world, when they see that flag (image) all it means is oppression.

Therefore burning it is a giant FUCK YOU, and I relish that! Just like your fucking profile picture, but hey....



Look...I want to maintain a civil tone & continue productive discussion...but I find it wholly preposterous that you can equate burning a flag with merely possessing one. Burning a flag is an overt act of defiance. There is nothing open to interpretation. How you can equate that to merely possessing a flag is ludicrous.

Clearly, it is possible to display a flag in an threatening or disrespectful manner. However...that is not what you said...you stated that mere possession is an affront.

As an artist...you know what the American flag means to the rest of the world? I have to admit...that's a pretty impressive feat...to know what the majority of the rest of the known world feels about the American flag.

Of course...I do have a feeling that it is your own personal opinion influencing your beliefs...not actual, empirical knowledge.

You are letting your personal opinion of The government & policies of the United States affect your grasp of common sense.

Take an example such as the World Cup...do you believe that a German fan...displaying the German flag...is overtly offending France, Poland, Russia and to a certain extent Israel? Is it possible...maybe...that it is nothing more than a benign display of affection towards the German national soccer team?

You assert that the mere existence of the American Flag is an insult to the entire continents of Europe, Africa and Asia. How then, did such an oppressive entity manage to avoid offending Australia, South America, Antarctica and the portions of North America not including the United States of America?

So then...like...is the entire nation of Luxembourg personally offended because there is an American flag on the right shoulder of my department uniform?

You want to burn flags? Go right ahead. I'd vote against any measure to outlaw flag burning as a form of protest. Like I said before...it's most likely already illegal based on most city ordinances & fire codes. I'm not against flag burning in a legal or philosophical context.

As far as the "fuck you" factor of burning a flag...don't put all of your anti-establishment eggs in that proverbial basket. All you're doing is posturing for the people who already disagree with you...and I hold you AND them in the same regard...broken records.

Previous

PAGE: 

1 | 2 | 3 | 4 | 5

Next