|
June 22, 2005 Rep.
Pitts votes to protect the flag Washington—Today,
the U.S. House of Representatives passed H.J. Res. 10, which proposes an
amendment to the Constitution that would authorize
Congress to prohibit the physical desecration of the flag of the United
States. Congressman Joe
Pitts (R, PA-16) issued the following statement after passage: “Our
flag waves as a banner of
hope and freedom around the world. This amendment would simply allow
Congress to give the flag the protection it deserves, and make sure that we
pay proper respect to this banner of democracy,” said Congressman
Pitts. H.J. Res. 10 states:
"The Congress shall have power to prohibit the physical desecration of
the flag of the The power of both the
States and the Federal government to prohibit the physical desecration of
the American flag was unilaterally revoked in by the Supreme Court in 1989.
In a 5-4 decision the Court held in Texas v. Johnson that the burning of an American flag is “speech” protected
by the First Amendment to the United States Constitution. Congress responded by
passing a Federal statute to outlaw such conduct while addressing the
Supreme Court's concerns. However, the Supreme Court invalidated this
Federal statute in 1990 in another 5-4 decision in United States v.
Eichman. Congress was left with no alternative but to propose a
constitutional amendment to remedy the problem. While this
constitutional amendment has been approved by the House in the every
Congress since the 104th (1995-1995), it has yet to pass the
Senate. Recent media reports
indicate there may be finally be enough votes to send the Amendment to the
states. H.J.Res. 10 has been
supported by an overwhelming majority of the American public, and all fifty
state legislatures have passed resolutions calling on Congress to approve
this proposed constitutional amendment and send it to the states for
ratification. # # # |
