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Flag Protection Amendment Fails in Senate

Dateline: 03/29/00

The U.S. Senate today failed to approve Senate Joint Resolution 14 -- the Flag Protection Amendment by a roll call vote of 63 to 37. The resolution fell four votes short of the two-thirds (67 votes) needed for approval.

This resolution, sponsored by Sen. Orrin Hatch (R - Utah ), called for an amendment to the Constitution granting Congress the authority to enact laws prohibiting any intentional acts desecrating the flag of the United States.

Standing in front of an American flag, Sen. Hatch closed debate on the Flag Protection Amendment earlier today stating that it carried the support of "80 percent of the American people," and urging its passage.

Opposition came from both Republican and Democratic Senators who argued that the amendment would be declared unconstitutional under the freedom of speech clause of the First Amendment.

For an amendment to the Constitution to become effective it must be "ratified" or approved by the legislatures of three-fourths (now 38) of the states. A seven-year time limit is usually allowed for ratification by the states, however, this time can be extended by Congress. The amendment process is spelled out in Article V of the Constitution. (See also: Amending the Constitution.) 

The legislatures all states except Vermont had passed non-binding resolutions asking Congress to propose this amendment.

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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