Providing for Consideration of H.J. Res. 10, Constitutional Amendment Authorizing Congress to Prohibit Physical Desecration of the US Flag
PROVIDING FOR CONSIDERATION OF H.J. RES. 10, CONSTITUTIONAL AMENDMENT AUTHORIZING CONGRESS TO PROHIBIT PHYSICAL DESECRATION OF THE FLAG OF THE UNITED STATES -- (House of Representatives - June 21, 2005)
Mr. ISSA. Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, I for one would like to let my friend, the gentleman from Florida (Mr. Hastings), know that I am not so weak in my faith that burning of a cross would somehow destroy my faith. And yet I still believe that when somebody burns the cross, that the effect on our society, the chances of a riot, the chances that it will lead to violence are so high that society has a right to protect itself from the inevitable outcome of that kind of action. Furthermore, I do not believe we are acting as a body in order to tell the American people what to do.
I believe we reflect on a bipartisan basis, an overwhelming bipartisan basis, which reflects the will of the people, their desire to see this protection. That is why 50 States have all passed resolutions. Some of these States are very much Democrat States, some very much Republican.
This is not about patriotism or party. This is about the will of the people. We must respond to the will of the people. I believe in the Constitution as a not easily changeable document, and I respect the idea that we should not change it lightly. But just as this Constitution began without Indians, African Americans, women, or even people below the age of 21 being able to vote, and we have revised and revised and revised to get a more perfect democracy, we too must respond to this generation's request.
This generation's request of us is, in fact, to establish a special respect level, not an overly high one, but a special respect level for the flag. Not because America will somehow be destroyed if one or one million flags are burned, but because the American people have called on this body to offer them an opportunity to amend the Constitution, and we do so here today. We attempt to give the American people that opportunity to revise the Constitution.
Mr. HASTINGS of Florida. Mr. Speaker, I yield myself such time as I may consume.
I would say to the gentleman from California (Mr. Issa) before he leaves the floor, that every time that we have amended the Constitution it has been to expand liberties and rights, not to restrict them. If this amendment passes, this would be the first time in the history of this country that we would pass an amendment that would restrict rights and liberties.
Mr. ISSA. Mr. Speaker, will the gentleman yield?
Mr. HASTINGS of Florida. I yield to the gentleman from California.
Mr. ISSA. I might remind the gentleman from Florida (Mr. Hastings), my friend, that we limited the terms of how many times someone could run for President as a constitutional amendment. That is fluid document. It may add or subtract. It may reflect the will of the people. The will of the people in our lifetime was to limit the amount of terms that a President could serve, no differently than the question of whether or not you can incite a riot by burning a flag.
Mr. HASTINGS of Florida. Reclaiming my time, I cannot believe my colleague would even try to make such a specious argument, but the fact of the matter is there have only been 15 incidents in a country of 300 million people between the years of 2000 and 2005. There are substantial laws on the books that will prosecute fools who desecrate the flag.
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