IIA 110th CONGRESS 2d Session S. J. RES. 40 IN THE SENATE OF THE UNITED STATES June 12, 2008 Mr. Vitter introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary JOINT RESOLUTION Proposing an amendment to the Constitution of the United States authorizing the Congress and the States to prohibit the act of desecration of the flag of the United States and to set criminal penalties for that act.

That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission by the Congress:  —

The Congress and the States shall have power to prohibit the act of desecration of the flag of the United States and to set criminal penalties for that act.

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