Senate Debates Alternative Flag Protection Statute
Dateline: 03/28/00
Updated: 03/29/00 -- 9:30 am ET
By a vote of 36 in favor to 64 opposed, the Senate rejected the McConnell substitute amendment (described below) to Senate Joint Resolution 14 -- the Flag Protection Amendment. (See Anti-Flag Burning Amendment Debated in Senate.)
The Senate is now continuing debate on the original Flag Protection Amendment as proposed by Sen. Orrin Hatch (R - Utah ). A vote on a motion to stop the debate ("cloture") is expected by 10:00 am ET on Wednesday (3/29/2000).
A final vote on Senate Joint Resolution 14 -- the Flag Protection Amendment, may be taken on Wednesday afternoon.
The McConnell Substitute Amendment
As the U.S. Senate began debate on the controversial "flag
protection" constitutional amendment resolution (See related
story.), Sen. Mitch McConnell, (R-Kentucky) offered a substitute
resolution giving Congress the option of passing an actual law against flag desecration without amending the Constitution.
Stating that "My amendment will pass constitutional muster," Sen. McConnell proposed a statute setting harsh penalties against persons who take part in three acts of flag desecration:
- Fines of up to $100,000, a jail term of up to one year or both for
damaging or destroying a flag with the clear intent of inciting or producing
violence or breach of the peace.
- Fines of up to $250,000, a jail term of up to two years or both for
stealing a flag belonging to the United States and destroying or
damaging it.
- Fines of up to $250,000, a jail term of up to two years or both for stealing a flag belonging to the United States government and destroying or damaging it on federal property.
Supporters of the McConnell amendment, including cosponsor and Senate constitutional expert Sen. Robert Byrd, (D- West Virginia) argue that it would be unwise to deal with flag desecration by amending the constitution.
Opponents of McConnell's measure argue that it might be ruled unconstitutional under the First Amendment by the Supreme Court.
But McConnell assured Senators that his amendment had been determined to be "completely compatible with the First Amendment," by a series of experts on constitutional law.
A vote on the McConnell amendment is possible today (3/28/2000).
Reference Resources
Senate Debates Flag Burning Amendment
Details on the resolution calling for a constitutional amendment to protect the flag. From your About.com Guide.Amending the Constitution
The processes of proposing and adopting constitutional amendments. From your About.com Guide.Senate Joint Resolution 14
Complete text of the resolution calling for a constitutional amendment granting Congress the authority to enact laws prohibiting any intentional acts desecrating the flag.Discussion Group on This Amendment
"I find it pretty amazing that our government is spending so much energy on something that (a) really doesn't matter and (b) is a bad idea anyway." Posted by PEEGE2 on 6/24/99
(This discussion was started when the House considered and approved a resolution calling for the amendment.)
From other About.com Guide Sites |
ACLU Interview: Flag Burning
The ACLU talks about the flag desecration amendment to the Constitution in an exclusive interview with About.com US Politics Guide John Aravosis.Pandering Patriotism
Real patriots suck it up when somebody exercises freedom with a flag and a match. Civil Liberties Guide J.D. Tuccille offers and opinion on the issue.Flag Burning: A Good Sign of Political Protest
Alternative Media Guide Penny Perkins suggests reasons why the proposed constitutional amendment to bar the burning of the flag is bad for America.Flag Burning: What's Really at Play
A look at the political motivations, or surprising lack thereof, behind this week's flag burning debate. From Politics Guide John Aravosis.Flag Burning Q & A
Guide John Aravosis looks at the politics behind the anti-flag burning amendment.A Piece of Cloth
The movement to ban flag burning seems destined to turn idiots into martyrs. From your About.com Guide to Civil Liberties J.D. Tuccille.The Constitution Desecration Amendment
An argument for safeguarding the Constitution over the flag or any other symbol. From Your About.com Crime Guide Bill Bickel.
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