[Congressional Record Volume 156, Number 81 (Wednesday, May 26, 2010)]
[Extensions of Remarks]
[Page E961]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  BLUE STAR/GOLD STAR FLAG ACT OF 2009

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                               speech of

                           HON. VIRGINIA FOXX

                           of north carolina

                    in the house of representatives

                        Wednesday, May 19, 2010

  Ms. FOXX. Madam Speaker, it is no coincidence that the greatest 
country in the history of civilization also happens to have the world's 
finest military. The strength and caliber of our military results from 
a variety of factors, not the least of which is the way in which our 
government provides for the veterans and their families who have 
sacrificed so much. Indeed, my love and passion for supporting 
America's veterans is second-to-none.
  Wednesday, May 19, the House passed H.R. 2546, the Blue Star/Gold 
Star Flag Act of 2009 by voice vote. This legislation would impose a 
federal prohibition against a homeowners' association policy preventing 
residents from displaying a Service flag on or around their homes. This 
proposal is a response to an incident in which a homeowners' 
association prevented an Ohio woman from displaying a Service flag 
honoring her son who served in Operation Desert Storm and again in 2003 
in Iraq. Although the homeowners' association ultimately made an 
exception in this circumstance, such policies are offensive to many 
Americans, such as myself, who hold such great affection for our 
country's cherished service members and veterans.
  In this respect, I can certainly appreciate the support for 
legislation such as H.R. 2546. However, I take exception with this 
matter coming before Congress, since this body has no Constitutional 
authority to impose such a mandate on the private sector. Indeed, 
matters such as this are best left to the discretion of local 
governments or civic associations.
  Allowing Congress to possess this type of authority could ultimately 
lead to more controversial proposals. Certainly there would be great 
objections raised if Congress sought to prohibit homeowners' 
association policies preventing the display of the Confederate flag or 
nativity scenes. On the other hand, one must wonder whether Congress 
could one day prohibit speech of the minority which our Founding 
Fathers so vehemently sought to protect.
  Our Constitution established a set of enumerated powers to prevent 
Congress from seizing illegitimate powers. Despite the best of 
intentions, the rule of law rightly supersedes congressional desires to 
respond to the passions of the moment. Doing otherwise would set a 
precedent, opening the flood gates to future policies considerably more 
problematic than the one before us today.
  The framers of the Constitution envisioned a nation composed of 
states empowered to govern according to the will of the people, with a 
Federal Government tasked with limited responsibilities and powers. As 
the 10th amendment states so clearly, ``the powers not delegated to the 
United States by the Constitution, nor prohibited by it to the States, 
are reserved to the States respectively, or to the people.'' Each time 
the Federal Government, even with the finest motivations, intrudes into 
the jurisdiction of the States and the people of America, the 
Constitution is further undermined and the erosion of liberty continues 
apace.
  Good intentions were never meant to stand in for constitutional 
governance. Congress must rein in its tendency to legislate solutions 
to even the smallest of ``problems'' that would be better left to local 
problem-solvers in either local government or private citizen 
associations. With each passing usurpation of the rights of State and 
local governments and with each imposition of a federal one-size-fits-
all ``solution,'' Congress dilutes the strength of federalism and 
pushes our nation closer to dependency upon a power-hungry central 
government.

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