THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Sunday, August 13, 1995 TAG: 9508110335
SECTION: COMMENTARY PAGE: J1 EDITION: FINAL
LENGTH: Medium: 90 lines
Creating New Conversations
The Issue:
The country is moving toward passing a constitutional amendment allowing Congress to outlaw desecration of the American flag. The House of Representatives in June passed the amendment 312-120. In recent weeks the Senate Judiciary Committee approved the amendment 12 to 6. The full Senate is expected to vote on the amendment when it reconvenes this fall.
If Congress passes the measure, 38 states must approve it to include it in the U.S. Constitution. This could come quickly because 49 state legislatures have petitioned Congress to pass the amendment.
The amendment reads:
``The Congress and the states shall have the power to prohibit the physical desecration of the flag of the United States.''
The drive to pass a constitutional amendment was prompted by Supreme Court rulings in 1989 and 1990 that said laws prohibiting burning or otherwise desecrating the flag violated the First Amendment right of free speech. Angered by this, veteran groups and conservative politicians organized to give Congress the power the Supreme Court had denied it. The only way to do this is to amend the Constitution.
What is the Constitution?
The U.S. Constitution is the rules and the code of conduct of the federal government. It is where broad principles and powers of government are set forth. All branches of the federal government - the president, the Congress and the courts - derive their power from the Constitution.
How can the country amend its Constitution?
The founding fathers made changing the Constitution difficult to avoid hasty amendments. Both the House and the Senate must approve an amendment by a two-thirds majority. Then three-quarters of the state legislatures must approve it.
What People Say:
The Constitution should not be changed lightly.
``We have lived without an amendment of this nature for 206 years; why at this particular time do we need one? This is being done in response to public pressures and opinions by politicians who are trying to obtain votes. It's just something that is being done in the heat of the moment. Doesn't this trivialize the Constitution?''
- James O. Broccoletti, Norfolk lawyer.
Unpatriotic acts should be prohibited.
``I'm inclined to agree with it. I don't think the symbol of our nation ought to be treated that way. I served in the Navy 25 years, and I just don't think that ought to be done. The burning of the flag is really an anti-national act, an anti-patriotic act.''
Maury B. Jackson, past president, Virginia Beach Council of Civic Organizations.
Freedom means freedom to be unpatriotic.
``I'm torn on it. I think people in this country should have the right to express themselves, but having served my country, I don't like to see people express themselves that way. But the flag is a symbol that allows the guy to do what he is going to do to the flag. It's like a Catch-22 in my heart. If veterans think about the history of their country, they'll say, people have a right to do that.''
Peter A. Bunting, Treasurer, Tidewater Chapter 48, Vietnam Veterans of America.
Patriotism should be promoted by law.
``When it comes to the point when we have to have laws to respect our flag, we're sick. But I am in favor of having such a law, if that is what it takes to make people respect it. You can't show disrespect for the flag, because it represents the United States of America, our nation. If you don't like the laws that we have, go somewhere else. The only time you burn a flag is when you retire it, when it's frayed.''
John P. Teixeira , secretary of Ocean View Branch 60, Fleet Reserve Association.
How do you feel?
Consider:
What limitations should government be able to put on people's freedom of action or expression? What freedom should people have to protest their government?
What or whom would we be protecting if flag desecration were outlawed?
Why is this an emotional issue with many people on both sides?
What could the country gain with this amendment? What could it lose?
How To Reach Us
If you have something to say regarding the proposed constitutional amendment, please tell us:
Alex Marshall
921 N. Battlefield Blvd.
Chesapeake, Va. 23320
Or send e-mail to publife(AT)infi.net. by CNB