[Congressional Record Volume 141, Number 109 (Friday, June 30, 1995)]
[Extensions of Remarks]
[Page E1388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                 THE FLAG IS THE SYMBOL OF OUR COUNTRY

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                         HON. ENID G. WALDHOLTZ

                                of utah

                    in the house of representatives

                          Friday, June 30, 1995
  Mrs. WALDHOLTZ. Mr. Speaker, the U.S. flag is the symbol of our 
country. It is proudly carried into battle, and it is the basis for our 
national anthem. It's more than a simple piece of cloth; it is the 
symbol of what we stand for as a nation.
  Over the years, Congress has repeatedly attempted to pass legislation 
that would prevent desecration of our national flag. Each time, the 
public has expressed their overwhelming and enthusiastic support.
  Unfortunately, and in my view incorrectly, the U.S. Supreme Court has 
ruled that burning the American flag is merely a form of free 
expression, and the Court overturned Congress' attempt to reflect the 
public's desire to protect this Nation's most treasured symbol. With 
that ruling, the Supreme Court left us with no alternative but to pass 
a constitutional amendment.
  The Court's action left us with an ironic result: It is illegal to 
deface a mailbox or to mangle our currency--either act carries a 
criminal penalty--but it is not illegal to desecrate the flag. 
Personally, I am not comfortable with what that says about our values 
as a Government.
  In the wake of the Supreme Court action, 49 States have passed 
resolutions calling on Congress to pass a constitutional amendment to 
protect our flag from desecration and send it back to the States for 
ratification. I would have preferred to resolve this issue with 
statutory language rather than through a constitutional amendment, but 
we have already attempted that. Congress is not able to pass a statute 
which we can guarantee will not be overturned by the Supreme Court.
  Our action reflects the will of the American people to protect and 
preserve the most cherished symbol of this great Nation.


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