As a constitutional amendment against flag desecration sailed through
the House of Representatives yesterday, I was wondering what the penalty
is for desecrating the Constitution.
I just wish more members of Congress had their priorities straight.
The flag is just a symbol -- an important symbol, to be sure, but a
symbol, nonetheless.
A symbol of what? Presumably it is a symbol of the hard-won freedom
we have experienced in the United States for most of its history. That
freedom, our founders reminded us, was God-given and protected by the
U.S. Constitution. Thus, the Constitution is a symbol, too. But, at the
same time, it is much more than a symbol. It is the guidepost to
maintaining America's freedom.
Yet the Constitution can only serve that function if we as a nation
abide by it, pay heed to it, live by its code and its spirit.
The flag-burning amendment places symbolism over substance. Worse
yet, it is the legislative equivalent of dousing the Constitution in
gasoline and torching it.
In case the geniuses in the House of Representatives haven't noticed,
the First Amendment of the Constitution expressly prohibits Congress
from abridging our rights to free expression. Prohibiting flag-burning
does just that. By its very definition, the proposed amendment outlaws
an admittedly inflammatory, dramatic and symbolic act of expression of
dissent against U.S. policies of one kind or another.
So, let me get this straight. The flag is a symbol of freedom -- the
kind of freedom that allows even the most unpopular views to be
expressed. But destroying the flag in the ultimate expression of dissent
would be outlawed. What's wrong with this picture? Is anyone else
perplexed by this mixed message?
I'll tell you what. I'm as patriotic as the next guy. I was almost
born on the Fourth of July. I love America and all its promises. But
there have been times when I have been so angry with its policies that I
felt like burning the flag. In fact, when I saw U.S. bombers destroying
Belgrade a few weeks ago, it wouldn't have taken much to get me to flick
my Bic.
Why is Congress doing this? Because it is comprised of a bunch of
impotent fools who believe it is always better for government to do
something rather than nothing. But to what are they responding? Has
there been a rash of flag-burnings that I have missed lately? Why are we
wasting our time promoting legislative remedies for non-existent
problems? Or is this just an annual pre-July 4 ceremonial vote so
members have something to boast about at the Independence Day parades
back home?
Supporters of the amendment say the flag must be protected because it
is a unique symbol that binds America together. Not so. What is supposed
to bring Americans together -- not bind them, but bring them together
voluntarily -- is a political creed, one best articulated by the
founding documents, the Declaration of Independence and the
Constitution. The very notion of a flag-burning amendment is an affront
to the spirit of the Constitution and the Bill of Rights.
Lately Americans, especially Washington politicians, have become all
too comfortable with the idea of curbing free-speech rights -- whether
it's through hate-crimes legislation, campaign finance "reform,"
Internet restrictions, or some other half-baked plan. Have we forgotten
what makes America so special? Have we forgotten the First Amendment
simply enumerates some of our inalienable rights and that government
can't do a darn thing about them? Attacking those basic founding
assumptions of the American republic is a far greater crime than burning
the flag.
Furthermore, I guarantee that if a flag-burning amendment is ever
actually approved by the Senate and the states, the result will be more
flag-burnings than this nation has seen since the Vietnam War. If that
ever happens, Congress will have accomplished -- as usual -- just the
opposite result of what was intended with such legislation.
Before Congress and the executive branch of the federal government
pass judgment on dissenters for burning the flag, maybe they should look
in the mirror and consider who has done more to undermine the
Constitution -- the real symbol and substance of American freedom.
Get real, folks. We cannot and should not force people to love
America or all of its policies. It is un-American to punish dissent with
jail terms and fines. That's what they do in Beijing and Havana and
Iraq.