[Congressional Record Volume 146, Number 38 (Thursday, March 30, 2000)]
[Extensions of Remarks]
[Page E459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              THE DEFEAT OF THE FLAG PROTECTION AMENDMENT

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                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                        Thursday, March 30, 2000

  Mr. GILMAN. Mr. Speaker, I rise today to briefly comment on 
yesterday's unfortunate vote in the Senate on the Flag Protection 
Amendment.
  As many of my colleagues know, the Senate failed to pass the 
amendment by the necessary two-thirds majority, which would have sent 
the amendment to the States for ratification. The House had earlier 
passed this amendment by more than the required majority.
  Following the vote, the American Legion national commander issued a 
profound statement expressing his organization's disappointment with 
the vote. I would like to include a copy of National Commander Alan G. 
Lance Sr's remarks for the Record, because I believe it summarizes the 
frustration felt by many of our veterans with the Senate's continued 
failure to approve this amendment.

       Washington, D.C. (March 29, 2000).--After 11 years and 
     countless resolutions and bills, letters, phone calls, 
     meetings, rallies, and speeches, it is with deep 
     disappointment that we stand here today and witness the 
     defeat of Senate Joint Resolution 14, the Flag Protection 
     Amendment.
       This vote represents a quantum shift in the balance of 
     power that makes our democracy the envy of the world. The 
     individual flag-burner is not nearly as much of a threat to 
     our democracy as the belief, held by a minority of senators, 
     that an amendment supported by 49 states and a poll-validated 
     super-majority of the American people is somehow invalid.
       What some senators fear, more than an amendment to protect 
     the flag from acts of physical desecration, is that the 
     American people will take control of their government. Such 
     resistance to the will of the people will leave the people no 
     other alternative but to convene a constitutional convention, 
     which The American Legion would not advocate.
       For 11 years, we have come to this place. We have told our 
     stories about the Flag--how it led us into battle, how it 
     comforted us in faraway lands, how it embraced our fallen 
     brothers and sisters, how it marked the resting place of 
     heroes, how it led us home with parades and pageantry, how it 
     represents more than cloth and colors.
       For 11 years, we have represented tens of millions of 
     Americans, serving as a megaphone for a simple, sweeping, and 
     united call to protect the Flag.
       For 11 years, we have tried to break the stranglehold of a 
     minority that has flouted the will of an entire nation, its 
     states and their people.
       Today, we have lost this battle, and I must admit that I 
     fear we are losing much more. Could it be that ``we the 
     people'' and the states are losing control of our democratic 
     republic?
       The very idea of representative democracy presupposes that 
     elected officials follow the will of the people. Senators 
     have told us that calls, letters, and emails poured into 
     their offices in support of this amendment. I was even told 
     that calls were 100 percent in favor of the amendment in some 
     offices.
       If the Senate refuses to follow the will of the people on 
     an issue so clear-cut, so broadly supported as the Flag 
     Protection Amendment, then is this really a republic? Is this 
     really our government?
       In the aftermath of this vote, I am not sure how to answer 
     those questions. It is little wonder why so many people are 
     flocking to third parties or opting out of the political 
     process altogether.
       In spite of all of this, I have not lost all hope. A new 
     day and a new Congress await us in the not-too-distant 
     future. And people like Senator Hatch and Senator Cleland who 
     with many others will continue to stand with us. They have my 
     deepest appreciation and respect for their steadfast support 
     and brave bipartisan leadership on this issue.
       Perhaps this defeat will serve as a wake-up call for 
     America. Perhaps it will inspire us to fight harder. Perhaps 
     it will prompt us to remind our senators--in a not-so subtle 
     way--that they work for us, not us for them.
       I refuse to believe that fighting this battle was in vain. 
     We have learned; we have grown; we have rallied a nation. And 
     so, we will not stand down. We will not go away.
       We will not surrender. We will continue this struggle until 
     our federal government is put back into balance, and the 
     people's prerogative honored.

     

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