Photo by James V. Carroll

Parker: Amendments a part of the Constitution

Senators Orrin Hatch, R-Utah, and Max Baucus, D-Mont., introduced a constitutional amendment June 14 that would return to the American people the right to protect their flag. The one sentence amendment, Senate Joint Resolution 19, reads, "The Congress shall have power to prohibit the physical desecration of the flag of the United States."

The measure enjoys wide support among the American public and the U.S. Congress. It has previously passed the House of Representatives six times, but fell only one vote shy of the two-thirds required in the Senate. A companion bill, House Joint Resolution 13, has been introduced in the House.

"The process for amending the Constitution - set forth in Article V - is part of the Constitution," said Richard Parker, Harvard Law School's Williams Professor of Law and board chairman of the Citizens Flag Alliance. "Indeed, it is its lynchpin. For it fastens the ongoing authority of the Constitution to its foundation in popular sovereignty."

The struggle to protect the flag from desecration was ignited shortly after the U.S. Supreme Court ruled in 1989 that flag desecration was "protected speech." The 5-4 Texas v. Johnson decision invalidated flag-protection laws in 48 states and the District of Columbia.

To date, 50 states have passed memorializing resolutions asking Congress to pass the amendment and send it to the states for ratification.

"The Citizens Flag Alliance was formed in 1994 to restore to Congress the power - which it had for the first 200 years in our history - to defend the American flag when misguided individual's burn it or urinate on it or subject it to other kinds of physical desecration," Parker said. "Many amendments over the last two centuries were adopted after campaigns longer - some a lot longer - than ours. Encouraged by the progress we have made, by the conviction in the rightness of our cause, and by the longstanding support of the American people, we will continue to persist - and expect to win."


  1. This effort is ill-conceived and rife with potential for unintended disruptive consequences. I cannot support any organization that proposes or encourages support for this amendment. On that basis I decline, and will urge others to decline, membership in your organization.
  2. While it grieves me to see a US flag treated disgracefully it is a necessary evil. The Constitution that we ALL swore to uphold provides that political speech would never be subject to preemptive government interference. Besides, the idiots that use Old Glory as a political statement only harden patriots against their views. Let's not play the game of making illegal something that we find objectionable in violation of the Constitution. If we get started down that road, there's no telling when WE are the next group that becomes the target of those who don't like what WE are saying or doing. When I took that oath there was never an expiration date, as far as I'm concerned it still stands today. I MUST speak against well meaning, but misguided efforts that patently violate the rights of Citizens to dissent against their government. No matter my personal preferences in the matter...
  3. I do not agree with this. As Free Citizens it is our right and obligation to protest as we see fit. I do not believe our Founding Fathers intended for such control over our individual rights. We have been falling down a slippery slop for some time now. It is not good for a country to have so many rights of it's citizens tramped on. I believe we just might see a large number of changes when voting time comes up again. Peace, Joy, Well-Being & Love, To All
  4. Ok this is nice but how about a REAL amendment that will protect us all from Congress. Congress shall have no benefits we as citizens do not have. They will be on Social Security, Medicare, national health care etc and no pension plan other than IRA's or 401 K's with limits based on what we have. Congress is too insulated from their actions. Spend your time on something meaningful our flag will take care of itself.
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