ROANOKE TIMES
Copyright (c) 1995, Roanoke Times
DATE: Saturday, December 23, 1995 TAG: 9512270132
SECTION: EDITORIAL PAGE: A11 EDITION: METRO
SOURCE: GEORGE T. BLUME
IN REPLY to the Dec. 14 editorial, "Vote of Confidence in the Constitution," referring to the Senate's defeat of the flag-desecration amendment. The writer left readers seemingly satisfied with a great victory for the Constitution. Rather it is the shameful defeat of the constitutional-ratification process one should be aware of at this time, and not of any victory.
The saga began June 21, 1989, when a 5-4 Supreme Court decision upheld the right of Johnson (Texas vs. Johnson) to burn the American flag under the protection of the First Amendment. This decision stripped away 100-year-old laws of 48 states protecting the flag from desecration.
The public and Congress reacted quickly, but an amendment was defeated in Congress and a law it passed was also struck down by the Supreme Court. The only recourse left to prevent further flag desecration was by a grass-roots movement by citizens petitioning for a constitutional amendment.
A carefully worded flag amendment was prepared by the Citizens Flag Alliance organization. This was discussed by participants at a Constitutional Scholars Forum, August 1994, in Williamsburg that was chaired by Arthur Miller of Harvard Law School. One of the conclusions was to construct an amendment "in a narrowly tailored fashion so as to not disturb the protections afforded by the First Amendment." Modified by the Senate, the amendment simply states that "Congress shall have the power to prohibit the physical desecration of the flag of the United States."
Was this amendment the interest of only a small group of flag zealots? Was it of national concern? Was it of such national interest to warrant its passage? Let's review the facts that should have allowed this amendment to proceed through the ratification route and final passage.
Fact 1. More than 30 million Americans identified with the 100-plus groups associating themselves with the Citizens Flag Alliance, a grass-roots organization of veterans, fraternal, business, religious, scholastic and other groups that favor the flag amendment.
Fact 2. Forty-nine of the 50 state legislatures passed resolutions petitioning Congress for a constitutional flag amendment. The Virginia House of Delegates and Senate passed this resolution in 1992.
Fact 3. Independent public-opinion polls taken by the alliance and others show wide public support for the flag amendment. Two polls by the Gallup organization, in 1992 and 1994, showed 81 percent of the population favored such an amendment. Results of other polls from 13 states all recorded between 59 percent and 73 percent in favor.
Fact 4. On June 28 of this year, the House of Representatives overwhelmingly voted 312 for and 124 against passage of the flag amendment. Nine of Virginia's representatives voted in the affirmative.
Fact 5. While the majority of senators voted favorably for the amendment, it lacked three votes for passage. Sen. John Warner voted in favor; Sen. Charles Robb voted against. The lack of three favorable senatorial votes has thus taken from "We the people" the right of the constitutional-amendment process.
Sen. Paul Simon of Illinois, noting that the amendment had the overwhelming support of the American people, said "that is why we must stop it in the Senate"!
Sen. Robert Kerrey of Nebraska indicated he would "do what I can in the Senate to make sure this constitutional amendment is not sent out to the states." He further stated: "I'm not going to amend the First Amendment.''
Yet surveys showed 76 percent of respondents believing that freedom of speech would not be jeopardized. By passage of the amendment, citizens could still speak against the flag all they wanted.
Fact 6. While the editorial mentioned party affiliation and voting patterns, the amendment is an American value issue and should be devoid of politics and party. We pledge allegiance to the flag. Why can't we also protect it from desecration?
These facts all favor passage of the amendment. I do believe we owe Sen. Warner a vote of thanks for his affirmative stand, for he attempted to give Virginians and the nation the opportunity and constitutional right to decide for ourselves whether we wished passage of this 28th amendment. Perhaps the 105th or the 106th Congress will grant us this constitutional privilege, and yes, even strengthen the Bill of Rights. George T. Blume, of Blacksburg, is a retired professor of sociology at Virginia Tech.
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