Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 330 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Washington…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 330 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Washington (Mr. Hastings), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
Mr. Speaker, House Resolution 330 is a structured rule, and it provides 2 hours of debate in the House, equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. It waives all points of order against consideration of the joint resolution. It makes in order the amendment in the nature of a substitute printed in the Committee on Rules report accompanying the resolution, if offered, by the gentleman from North Carolina (Mr. Watt) or his designee, which shall be separately debatable for 1 hour, equally divided between the proponent and an opponent.
The rule waives all points of order against the amendment printed in the report, provides that notwithstanding the ordering of the previous question, the Chair may postpone further consideration of the joint resolution to a time designated by the Speaker, and it allows one motion to recommit, with or without instructions.
Mr. Speaker, in 1989, the United States Supreme Court Texas v. Johnson decision nullified the laws of 48 States banning flag desecration. Today, all 50 States have passed resolutions requesting Congress to approve a Constitution amendment for ratification that would ban flag burning.
The House of Representatives has passed the same, if not similar, legislation for five consecutive Congresses. In the 104th Congress, the House of Representatives passed a proposed amendment with the necessary two-thirds majority by a vote of 312 to 120; while the 105th House passed it 310 to 114, the 106th House passed it 305 to 124, the 107th House passed it 298 to 125, and in the last Congress, the 108th, the House passed it by a vote of 300 to 125.
Our flag, with 50 stars and 13 stripes, represents the history, culture, and ideology of democracy for the world. Millions of Americans throughout our Nation's history died defending our flag and the ideals it represents. To burn a flag is to disrespect America and disrespect democracy. For our enemies, those who embrace terrorism, communism, and totalitarianism, burning the American flag is a sign of defiance, because freedom threatens the existence of tyranny. For our soldiers fighting in Afghanistan and Iraq, our flag is motivation to keep fighting, to move ahead, and reason to liberate a people from fear of oppression, as it has been in every conflict in which our Nation has fought.
For our veterans, the desecration of the flag is a slight for everything they fought for. And it serves to dishonor their friends and fellow soldiers who gave their lives for our country. To the parts of Europe occupied by the allied powers during World War II, the sight of our flag brought tears of joy because it symbolizes an end to atrocity and oppression and the return of freedom.
A constitutional amendment to ban flag desecration is not the end of our first amendment liberties. The Constitution was drafted as a living document that is capable of changing when called for by the overwhelming desire of the American people.
The debate to end flag desecration is an important issue that carries the overwhelming public support needed to pass an amendment to our Constitution. The Constitution is the foundation of our government, and modifying it should not be taken lightly. However, the American citizens have consistently spoken in favor of this amendment for more than 10 years, and it is an issue that is more than 3 decades old.
Our laws provide an opportunity for every citizen to express their opinions freely. If someone does not like the policies of our Nation, the party in power, our military, or even a specific law, they have the ability to protest, to voice concerns, write letters to their Congressmen without the consequences of death or imprisonment.
This freedom is not found in all nations. The desecration of the American flag, however, is not a form of free speech. It is a challenge to the institution that defends liberty. Although some may disagree, the United States is not the root of the world's problems; rather, we have provided relief from subjugation and freedom to many nations.
For those liberated by America and those who cherish freedom, our flag represents more than a Nation, government, or people. It is an emblem of liberty and justice. Our flag deserves to be respected and protected because it is more than just star-studded fabric; it is the symbol of democracy.
With that in mind, I request unanimous support of this rule and the underlying bill.
Mr. Speaker, I reserve the balance of my time.
Well, if the gentleman will yield, since the Supreme Court decision, in response to my good friend, the gentleman from Florida (Mr. Hastings), since 1994 it is my understanding that there have been at least 119 reports of incidents involving flag desecration.
The Supreme Court ruling, that 5 to 4 decision that allowed flag desecration, flag burning as part of free speech, that was 1989. Since 1994, to the gentleman from Florida (Mr. Hastings), my understanding is 119 incidents.
In response to the gentleman, no, I do not know.
Mr. Speaker, I yield myself such time as I may consume in response to a number of the points that my good friend, the gentleman from Florida (Mr. Hastings), just made so eloquently.
He asked me a little while ago about the incidences that had occurred, the 119 since 1994, and how many of those were burnings in contrast to how many might be other forms of desecration. I did not have that information for him at the moment, but I do now, and I want to share that with him; 75 of those actually were burnings.
I want to anecdotally mention one of those 75. In April 18, 2005, this occurred in Topeka, Kansas, this burning. Fire and police investigators looked into a case of arson in which flags were burned at the Topeka and Shawnee County Public Library. Someone came into the library grounds between 12:21 a.m. and 1:15 a.m. They lowered the library's flags and they burned them near the building.
Now, it was not illegal then and now to burn your own flag. It was illegal to burn someone else's. But that is the point that I wanted to make; that in fact 75 of 119 were burnings. Furthermore, I want to also mention that the word ``desecration'' in this constitutional amendment resolution was selected because of its broad nature in encompassing many actions against the flag.
Such broad terms are commonly used in constitutional amendments. For example, free exercise in the first amendment; unreasonable searches and seizures, probable cause, in the fourth amendment; due process and equal protection in the 14th. Thus, it is essential that we continue to use broad terms in constitutional amendments such as the word ``desecration'' in order to give Congress discretion when it moves to enact implementing legislation. Debate and discussion as to what forms of desecration should be outlawed, such as burning, will come at a later date in Congress.
Also, Mr. Speaker, the gentleman from Florida (Mr. Hastings) was talking about in regard to his own amendment. The Supreme Court decision in 2003, Virginia v. Black, held that ``a ban on cross burning carried out with the intent to intimidate is proscribable under the first amendment,'' allowable under the first amendment. So it is really unnecessary to pass a constitutional amendment to prohibit cross burnings, since statutes prohibiting cross burnings with the intent to harm are currently enforceable.
In contrast, the Supreme Court has concluded in Texas v. Johnson in 1989 that, 5 to 4 decision, that flag desecration is protected by the first amendment, leaving a constitutional amendment as the only remaining option to protect the flag, since statutes doing so in 50 States, 48 States before 1989, are currently unenforceable.
Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Issa).
Mr. Speaker, I yield 3 minutes to the gentleman from Florida (Mr. Stearns).
Mr. Speaker, I have no other speakers at this time. I plan to reserve the balance of my time, but I will be happy to yield 2 minutes to the gentleman from Florida (Mr. Hastings) in the interest of continuation of this colloquy.
Mr. Speaker, I yield 2 additional minutes to the gentleman from Florida (Mr. Stearns).
Mr. Speaker, may I inquire as to how much time our side has remaining?
Mr. Speaker, that was my mistake. I intended to yield that time to the gentleman from Florida (Mr. Stearns) rather than the gentleman from Florida (Mr. Hastings). I apologize for that mistake.
Mr. Speaker, I reserve the balance of my time for the purpose of closing.
Mr. Speaker, I yield myself the balance of my time.
In closing, I thank the gentleman from California (Mr. Cunningham) for introducing this legislation and to the gentleman from Wisconsin (Mr. Sensenbrenner), the chairman of the Committee on the Judiciary, for being steadfast and persistent in trying to bring resolution to the issue of flag desecration.
On June 14, 1777, the Continental Congress approved the stars and stripes design as the official flag of the United States in order to designate and protect our ships from friendly fire at sea.
Since 1994, 119 incidents of flag desecration, and yes, 75 of those were flag burnings, have been reported in the United States and its territories. A constitutional amendment will send a strong message of respect for our country and what it represents. Every Memorial Day, civic groups volunteer their time placing flags on the graves of our fallen soldiers. It was said earlier on Flag Day, June 14, that very few of our citizens took their liberty to display their personal flags. It is regrettable. It is regrettable that on Memorial Day, instead of honoring our fallen, our KIAs in this great country, people, many people, most people, in fact, just use it as a long weekend, another day, a holiday, not really remembering. But, of course, we do not throw out Memorial Day just because our citizens are not paying the proper respect.
Whenever a soldier or a government leader dies, a flag is given to his or her family in honor of their service to our country. Our flag means something to these civic groups, these family members, our veterans, our soldiers, and all Americans.
Every day men and women selflessly give of themselves to protect our country and our liberties, and they do not deserve to be dishonored, just as our firefighters and our policemen in the great City of New York gave of themselves on that fateful day of 9/11.
During our war against terrorism, we need to send a strong message to the
enemies of America and the enemies of freedom by protecting the symbol and values of our Nation. With that said, Mr. Speaker, I urge my colleagues to pass this rule, to oppose the Watt substitution, and pass the underlying legislation.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
The previous question was ordered.