This editorial
from my local newspaper has tipped my opinion on the proposed "Flag
Amendment". Until today I did not have an opinion, however much I
personally love and
cherish the flag of my country.
In case you haven't actually read the
words of the proposed amendment, here it is in its entirety:
"THE
CONGRESS SHALL HAVE POWER
TO PROHIBIT THE PHYSICAL DESECRATION OF
THE FLAG OF THE UNITED STATES."

Let Americans Protect the Flag
By Senator
Orrin Hatch of Utah
Wednesday, June 29, 2005
Deseret Morning News
The Deseret Morning
News editorial of June 24 opposing a constitutional amendment to allow
protection of the American flag failed both to diagnose the real problem
and properly evaluate the solution.
While this particular controversy involves protecting the unique
symbol that is the American flag, a much greater principle is at stake
here. The Constitution belongs to the people, not the Supreme Court. For
too long, the court has cavalierly brushed aside our values and undermined
the virtue that feeds our freedom. This amendment lays down a marker.
Enough is enough. As Thomas Jefferson wrote, "I like a little rebellion
now and then. It is like a storm in the Atmosphere." It is time the people
took their Constitution back.
In 1989 and 1990, the Supreme Court changed the First Amendment to
prohibit either the states or Congress from protecting the flag from
urination, defecation and other desecration. But the Constitution is not
whatever five Supreme Court justices say it is. When the court changes our
Constitution, we the people have every right to correct those errant
justices. This is one of those times. The question is, who runs the
country and defines the culture, the people through their elected
representatives, or some unelected judges? I side with the people. The Deseret Morning News apparently sides with elitist judges.
The court's new version of the First Amendment changed what the
people understood regarding this unique symbol of America. We have a
national holiday dedicated to the flag. Our national anthem is centered
around the flag. We pledge allegiance to the flag. And for nearly a
century, the states and Congress have had laws prohibiting desecration of
the flag. All of this is strong evidence that the American people have
never believed the Constitution forces them to stand helplessly by while
the singular symbol of this great land is trampled and shredded.
The Supreme Court was wrong to say otherwise. Urinating and
defecating on the flag or burning it with contempt are not speech but are
highly offensive and repulsive conduct. I do agree with this observation
by the Deseret Morning News: "Particularly at a time when the nation is
involved in a military conflict, it is a stunning affront to brave men and
women who are sacrificing their all for freedom." That freedom includes
the American people's ability to amend their Constitution and to decide
for themselves how to resolve important social and cultural issues.
The Deseret Morning News' editorial so seriously misrepresents my
proposed flag amendment that I am not sure the editors have actually read
it. Here it is, a mere 17 words: "THE CONGRESS SHALL HAVE POWER TO
PROHIBIT THE PHYSICAL DESECRATION OF THE FLAG OF THE UNITED STATES."
The
amendment does not itself prohibit flag desecration but restores the power
of Congress to do so. As it has in the past, Congress could then pass a
statute clarifying what is prohibited and what is not.
The Deseret Morning News' hand-wringing about "troubling questions"
shows it has missed the real point. This is not about "images of the flag"
or whether something "looks like the flag." The people and their elected
representatives know how to identify the flag and protect it from
desecration. They were doing so long before the Supreme Court muddied the
waters. This amendment would restore the First Amendment to what it was
before the Supreme Court interfered.
That interference means that no flag protection statute will
currently stand. Some senators claim they are defending free speech by
voting against a flag protection amendment, but they support a flag
protection statute that the Supreme Court has said violates the freedom of
speech. They are taking political cover rather than stand for the
principle that is actually at stake. Either the people or judges have the
final say on important issues. Again, I side with the people.
The Supreme Court has upheld a law banning the burning of draft
cards. We have laws banning the defacing of government buildings. The
people have the right to insist on treating our flag at least as well as
these pieces of plastic or concrete. As the Deseret Morning News
acknowledges, this amendment has overwhelming support. All 50 states have
passed resolutions supporting it. Why not send it to the states to
consider its ratification? Widespread support makes this particular
amendment the best opportunity to put the Supreme Court on notice that
imposing its own values, and undermining ours, has gone far enough.
The flag amendment represents the people's ability to govern
themselves, which lies at the heart of the liberty we love. No fewer than
49 of the 50 states, as well as large majorities of the U.S. House and
Senate, have repeatedly called for allowing protection of the American
flag. The Deseret Morning News should stand up for virtue and lead this
great battle for liberty.