Blue Star/Gold Star Flag Act of 2009

* Ms. FOXX. Madam Speaker, it is no coincidence that the greatest country in the history of civilization also happens to have the world's finest military. The strength and caliber of our military results from a variety of factors, not the least of which is the way in which our government provides for the veterans and their families who have sacrificed so much. Indeed, my love and passion for supporting America's veterans is second-to-none.

* Wednesday, May 19, the House passed H.R. 2546, the Blue Star/Gold Star Flag Act of 2009 by voice vote. This legislation would impose a federal prohibition against a homeowners' association policy preventing residents from displaying a Service flag on or around their homes. This proposal is a response to an incident in which a homeowners' association prevented an Ohio woman from displaying a Service flag honoring her son who served in Operation Desert Storm and again in 2003 in Iraq. Although the homeowners' association ultimately made an exception in this circumstance, such policies are offensive to many Americans, such as myself, who hold such great affection for our country's cherished service members and veterans.

* In this respect, I can certainly appreciate the support for legislation such as H.R. 2546. However, I take exception with this matter coming before Congress, since this body has no Constitutional authority to impose such a mandate on the private sector. Indeed, matters such as this are best left to the discretion of local governments or civic associations.

* Allowing Congress to possess this type of authority could ultimately lead to more controversial proposals. Certainly there would be great objections raised if Congress sought to prohibit homeowners' association policies preventing the display of the Confederate flag or nativity scenes. On the other hand, one must wonder whether Congress could one day prohibit speech of the minority which our Founding Fathers so vehemently sought to protect.

* Our Constitution established a set of enumerated powers to prevent Congress from seizing illegitimate powers. Despite the best of intentions, the rule of law rightly supersedes congressional desires to respond to the passions of the moment. Doing otherwise would set a precedent, opening the flood gates to future policies considerably more problematic than the one before us today.

* The framers of the Constitution envisioned a nation composed of states empowered to govern according to the will of the people, with a Federal Government tasked with limited responsibilities and powers. As the 10th amendment states so clearly, ``the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.'' Each time the Federal Government, even with the finest motivations, intrudes into the jurisdiction of the States and the people of America, the Constitution is further undermined and the erosion of liberty continues apace.

* Good intentions were never meant to stand in for constitutional governance. Congress must rein in its tendency to legislate solutions to even the smallest of ``problems'' that would be better left to local problem-solvers in either local government or private citizen associations. With each passing usurpation of the rights of State and local governments and with each imposition of a federal one-size-fits-all ``solution,'' Congress dilutes the strength of federalism and pushes our nation closer to dependency upon a power-hungry central government.

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