[IP] Desecration of flag is crime amendment to constitution may pass both houses. Democrats afraid to oppose.
Begin forwarded message:
From: Robert Lee <robertslee@xxxxxxxxxxx>
Date: June 15, 2005 10:51:32 AM EDT
To: dave@xxxxxxxxxx
Subject: Desecration of flag is crime amendment to constitution may
pass both houses. Democrats afraid to oppose.
Reply-To: robertslee@xxxxxxxxxxx
Vote on flag desecration may be 'cliffhanger'
By Andrea Stone, USA TODAYWed Jun 15, 7:00 AM ET
The Senate may be within one or two votes of passing a constitutional
amendment to ban desecration of the U.S. flag, clearing the way for
ratification by the states, a key opponent of the measure said Tuesday.
"It's scary close," said Terri Schroeder of the American Civil
Liberties Union, which opposes the amendment. "People think it's
something that's never going to happen. ... The reality is we're very
close to losing this battle."
Congress regularly has debated the issue since the U.S. Supreme Court
overturned a Texas flag desecration law in 1989 and its own Flag
Protection Act the next year. But until now, it has failed to muster
the two-thirds vote needed in both the House of Representatives and
the Senate before states try to ratify the measure.
Next week, the House will vote on the amendment for a seventh time.
If history is a guide, it will pass for a seventh time. That's when
the spotlight switches to the Senate, where the amendment has always
died.
But this time may be different. Amendment supporters say last year's
election expanding the Senate Republican majority to 55 has buoyed
their hopes for passage. Five freshmen senators - Richard Burr of
North Carolina, Tom Coburn of Oklahoma, Jim DeMint of South Carolina,
John Thune of South Dakota and David Vitter of Louisiana - voted for
the amendment as House members and plan to do so again.
They will be joined by at least five Democrats who have co-sponsored
the resolution, including Dianne Feinstein of California and Ben
Nelson of Nebraska. Both are up for re-election next year.
Not all senators have publicly declared their support or opposition.
In 2000, when the Senate last took up the matter, 63 voted for the
amendment, four short of a two-thirds majority.
"We're going to have deeper support for this, and the intensity is
growing," Thune said Tuesday, which was Flag Day. "There's momentum."
Norm Ornstein, a political analyst at the business-oriented American
Enterprise Institute for Public Policy Research, says he expects "a
cliffhanger." He says Senate Majority Leader Bill Frist, R-Tenn., is
eager to bring up the issue, and some Democrats may be too nervous to
oppose it.
Scenes of foreigners burning American flags may be common on TV, but
such desecration is rare in this country. The Citizens Flag Alliance,
an advocacy group that supports a constitutional amendment, reports a
decline in flag desecration incidents, with only one this year.
Still, "it's important that we venerate the national symbol of our
country," said Sen. Orrin Hatch (news, bio, voting record), R-Utah,
the amendment's chief sponsor. "Burning, urinating, defecating on the
flag - this is not speech. This is offensive conduct."
The Senate Judiciary Committee may not hold a hearing until around
the July Fourth holiday, and a floor vote hasn't been scheduled.
University of Virginia political scientist Larry Sabato is skeptical
about the amendment's prospects. "They may come close," he says, "but
I would put good money on the likelihood that, once again, it won't
be sent to the states."
If it is, though, "it is almost a foregone conclusion that the states
would ratify" the amendment, says John Vile, a constitutional law
expert at Middle Tennessee State University and editor of
Encyclopedia of Civil Liberties in America.
Every state legislature has passed resolutions urging Congress to
send them a constitutional amendment to ban flag desecration. Still,
such resolutions aren't binding, and "that doesn't necessarily mean
it would pass in the states," says Heather Morton, of the National
Conference of State Legislatures.
A poll released last week by the Freedom Forum First Amendment Center
in Nashville found 63% oppose a flag amendment, up from 53% last year.
"Clearly, more Americans are having second thoughts about using a
constitutional amendment to" instill respect for the flag, said Gene
Policinski, the center's executive director. "Many Americans consider
it the ultimate test of a free society to permit the insult or even
desecration of one of the great symbols of the nation."
Robert Lee
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