Wednesday, June 28, 2006

Complications

On Tuesday, June 27th, 2006, a constitutional amendment to ban flag desecration narrowly failed to pass in the U.S. Senate.

In case you were unsure, that is good news. Here's why:

- In cases decided in 1989 and 1990, the US Supreme declared that banning flag desecration (such as flag burning) was an unconstitutional infringement of the Right to Free Speech guaranteed by the First Amendment to the US Constitution.

- We cannot allow the government to decide what we can and cannot say in dissent of our government and our country. If we allow the government to decide that dissenting by burning the American flag is not allowed, how long until a president renews John Adam's Alien and Sedition Act, which makes it illegal to criticize a sitting president? Perhaps you think that the two aforementioned issues are unrelated or too far apart to be logical, but consider the words of our Founding Father - James Madison, "I believe there are more instances of the abridgment of freedom of the people, by gradual and silent encroachments by those in power, than by violent and sudden usurpations." I think Madison had it right. The government is not going to come right out and say that they plan to control what you say, and they most likely do not plan to, but gradually it becomes easier and easier and more and more necessary for them to do so, and the next thing you know you are not allowed to criticize a public official.


That being said, I must say that burning or desecrating the American flag is just about the most idiotic and ridiculous thing you can do.

Why? It's very simple.

The flag represents America and America's ideals. The flag represents the Freedom of Speech and all the other freedoms we have in this country. The flag does not represent the government 's actions or administration policy. If you are planning on burning the flag, you might as well burn the Bill of Rights.

In closing, I would like to recognize some of the brave senators that stood up for the Constitution:

Senator Joseph Lieberman (D-Connecticut)
Senator Christopher Dodd (D-Connecticut)
Senator Ted Kennedy (D-Massachusetts)
Senator John Kerry (D-Massachusetts)
Senator Hillary Clinton (D-New York)
Senator Russ Feingold (D-Wisconsin)
Senator Joseph Biden (D-Delaware)
Senator Daniel Inouye (D-Hawaii)
Senator Jim Jeffords (I-Vermont)

Senator Inouye is a World War II veteran who lost an arm in combat and was awarded a Medal of Honor. Senator Inouye had profound words to defend his vote;

"Our country's unique because our dissidents have a voice. While I take offense at disrespect to the flag, I nonetheless believe it is my continued duty as a veteran, as an American citizen, and as a United States senator to defend the constitutional right of protesters to use the flag in nonviolent speech."

Senators that voted FOR the amendment to ban desecration (and should have known better):

Senator Harry Reid (D-Nevada)
Senator Evan Bayh (D-Indiana)
Senator Tim Johnson (D-South Dakota)
Senator Chuck Hagel (R-Nebraska)
Senator John McCain (R-Arizona)

P.S. There are many senators that voted for this amendment that I did not include in this list. I chose to list these people because they are the ones I respect the most, and was most troubled by their support of this amendment.