[Congressional Record Volume 150, Number 120 (Wednesday, September 29, 2004)]
[Extensions of Remarks]
[Page E1729]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     PLEDGE PROTECTION ACT OF 2004

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                               speech of

                           HON. DENNIS MOORE

                               of kansas

                    in the house of representatives

                      Thursday, September 23, 2004

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 2028) to 
     amend title 28, United States Code, with respect to the 
     jurisdiction of Federal courts inferior to the Supreme Court 
     over certain cases and controversies involving the Pledge of 
     Allegiance:

  Mr. MOORE. Mr. Chairman, I rise today in opposition to H.R. 2028, the 
Pledge Protection Act of 2003.
  The American flag is a symbol of liberty and justice, of freedom of 
speech and expression, as well as the other freedoms we cherish which 
are guaranteed in the Bill of Rights. But even more important than the 
symbol are the ideals and principles that the symbol represents. I 
believe the best way to honor the American flag is not to wrap 
ourselves in it, but to respect and honor the values for which it 
stands. That our nation can tolerate disrespect for our flag is proof 
of the enduring strength of our nation.
  As a veteran who served in the U.S. Army and Army Reserves, I know 
how deeply our veterans love and revere our flag. I share those 
feelings for our flag and all that it represents.
  Our democracy has withstood many tests over time, and has been 
strengthened as a result. There is no more important protection 
provided by the First Amendment than its protection of political speech 
and expression.
  In a letter to Senator Patrick Leahy of Vermont dated May 18, 1999, 
now-Secretary of State (then General) Colin L. Powell wrote, to express 
his concerns regarding a constitutional amendment banning flag burning, 
``the First Amendment exists to insure that freedom of speech and 
expression applies not just to that with which we agree or disagree, 
but also that which we find outrageous. I would not amend that great 
shield of democracy to hammer a few miscreants. The flag will still be 
flying proudly long after they have slunk away.''
  I agree wholeheartedly with Secretary Powell's statement, and believe 
it applies here as well. The Pledge of Allegiance is an invaluable part 
of our national heritage, but we must also bear in mind the 
immeasurable significance of the First Amendment to the United States 
Constitution.
  Finally, I have deep concerns about current efforts to deny the 
federal courts, including the Supreme Court, the ability to review the 
constitutionality of our federal laws. I believe preserving our three-
branch system of government is in our nation's best interest.

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