[Congressional Record Volume 147, Number 100 (Wednesday, July 18, 2001)]
[Extensions of Remarks]
[Page E1362]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CONSTITUTIONAL AMENDMENT AUTHORIZING CONGRESS TO PROHIBIT PHYSICAL 
              DESECRATION OF THE FLAG OF THE UNITED STATES

                                 ______
                                 

                               speech of

                          HON. BETTY McCOLLUM

                              of minnesota

                    in the house of representatives

                         Tuesday, July 17, 2001

  Ms. McCOLLUM. Mr. Speaker, I have opposed a resolution proposing an 
amendment to the Constitution authorizing the Congress to prohibit the 
physical desecration of the flag of the United States. I believe 
burning the flag is an offensive and disrespectful act. In some cases, 
it is an act that is already illegal under statute. However, I do not 
support amending the Constitution to make it a criminal offense to burn 
any flag under any circumstances.
  I can state with confidence that my colleagues on both sides of the 
aisle can agree that the liberty and freedom guaranteed by our 
Constitution, and symbolized by our grand old flag, is our nation's 
greatest strength. Everyday, the freedoms that surround us in our 
homes, schools and places of work here in this chamber, are a constant 
reminder of what our flag means, and what has been sacrificed to ensure 
its lasting stability and continuity in our nation. Every day Congress 
is in session, we pledge allegiance to this flag, ``and to the republic 
for which it stands.''
  The willful destruction of our nation's flag is deeply offensive. The 
flag is a symbol of our national unity and a powerful source of 
national pride, and deserves to be treasured and treated with respect 
at all times.
  Yet, despite my love for my nation and the flag, and my deep 
admiration for the men and women who fought and died defending our 
nation, I cannot support this well-intended resolution.
  I believe it is important that we take heed to the constitutional 
parameters that will be reduced as a result of this amendment. One of 
our most cherished liberties, and one in which the Framers of the 
Constitution placed a heavy hand upon, is our freedom of expression. 
Every individual in America is truly free to express his or her 
opinions, without threat of hindrance or persecution. From time to time 
we undoubtedly may disagree with another's opinion or action. 
Nonetheless, this does not mean that their views should be constricted 
by the Constitution. If any limits are placed on this freedom, we are 
opening the possibility that others can be placed on our freedom of 
expression at a later time. Unfortunately, I believe this amendment 
will indeed serve to reduce that freedom which we all love and hold 
dear to our hearts. If we start down this dark path, we are opening the 
door to a precedent of extreme consequences. We must not allow this to 
occur.
  It is critical in this debate to remember that what provides for our 
freedom and our supreme rule of law is not the flag itself, for this is 
a mere symbol. What binds our nation, what our soldiers swore and died 
to protect and what all Americans cherish, is the fundamental beliefs 
held in our Constitution. The flag is the symbol of the Republic, the 
symbol of what the Constitution provides: the rights that all Americans 
enjoy. As the distinguished senior Senator and Constitutional Scholar 
from the state of West Virginia, Senator Robert Byrd, so eloquently 
stated, ``That flag is the symbol of our Nation. In a way, we might say 
that flag is the symbol of our Nation's history. That flag is the 
symbol of our Nation's values. We love that flag. But we must love the 
Constitution more. For the Constitution is not just a symbol, it is the 
thing itself!''

                          ____________________