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Gifts for all occasions in the Galleria! The "What is the Deal?" Deal-of-the-Week: iTunes gift certificates June 19, 2005 Oh, the Stupidity By Jan A. Larson  Once again
the U. S. Congress is considering an amendment to the Constitution that
would ban the desecration of the U. S. flag:"The Congress shall have power to prohibit the physical desecration of the flag of the United States." This is so incredibly stupid that I am virtually speechless. However, since silence doesn't make for a very good opinion piece, I will try to express to any Representatives or Senators that may be reading this just how stupid it is. The U. S. Constitution has been amended just 27 times, the first 10, which comprise the Bill of Rights, were ratified in 1791. The Constitution has been amended just 17 times in the subsequent 215 years, an average of once about every 12 1/2 years. These amendments address issues such as presidential elections, terms and succession, the citizens' eligibility to vote, the abolishment of slavery and, of course, the collection of income taxes, among others. These issues are significant, important and affect every citizen in the United States. It is absolutely preposterous that the Constitution should be amended to satisfy the desire of career politicians to patronize constituents with an unworkable "solution" to a non-existent problem at the expense of one of the most basic freedoms, the freedom of expression, guaranteed by the very Constitution they are trying to amend. This proposed amendment, as has been the case in every Congress in which it has been introduced, is nothing more than an attempt to "stand behind the flag" to buy votes. Doubt it? Look no further than one of the Senate co-sponsors, Senator Dianne Feinstein (D-CA) who just happens to be up for re-election next year. There is no reason other than pure political pandering that Feinstein would join GOP career Senators such as Trent Lott (R-MS), Pete Domenici (R-AZ) and Ted Stevens (R-AK) along with part-time GOP Senator Ben Nelson (D-NE) in co-sponsoring the amendment. There is no dire need, by any measure, for such an amendment. It isn't as if our towns and cities are raging infernos as a result of citizens burning thousands of flags with impunity. According to USA Today, there has been exactly one reported case of flag desecration this year. Proponents of the amendment fall back on a list of clichéd reasons why the amendment is necessary:
The Supreme Court ruled in 1989 that the First Amendment protects the desecration of the flag. The Framers certainly intended the First Amendment to cover more than just the spoken word. It was designed to protect the right to dissent, whether it would be by the spoken word or otherwise, even if the dissent is unpopular. No patriotic American believes that the desecration of the flag is a good thing. Most Americans wince when we see scenes of barbarians in foreign lands burning or otherwise destroying the American flag, but that doesn't mean that such behavior should be prohibited here. Ever wonder what would happen to any of those barbarians if they burned their own flag? America is the land of the free. We can and must tolerate dissent no matter how offensive it may be if we are to remain free. Not only is a flag desecration amendment stupid from a philosophical viewpoint, it would be impossible to enforce in practice. What, exactly, is the "flag of the United States?" Would it be acceptable to assemble a flag with 51 stars and 14 stripes and burn that? How about a t-shirt with a depiction of a flag on it? Is that a flag? Would smashing a "stars and stripes" motorcycle helmet like the one worn by Peter Fonda in Easy Rider with a sledgehammer be illegal too? I believe that Old Glory waving proudly in the breeze is an awe-inspiring sight like no other. I also abhor flag desecration as much as anyone else, but a flag desecration amendment is just plain stupid on many levels. It addresses a "problem" that doesn't exist, it provides no solution to that problem and it would undermine the very freedoms that Americans hold dear. This amendment would be nothing short of a desecration of one of the greatest documents ever written, the U. S. Constitution. If our elected representatives are too stupid to see how stupid such an amendment is and if they believe the American public is too stupid to see that it is nothing but a political play, then they are also too stupid to hold office and should be taught that lesson the next time they come up for election. There may very well come a day when the tyranny of government calls for a drastic act of protest such as burning the flag on the steps of the Capitol. As the government chips away at the very freedoms that the Constitution was designed to guarantee, that day may come sooner than later. -- Send feedback to the author. The "What is the Deal?" column will appears weekly on the Pie of Knowledge website. Guest submissions are welcome and encouraged. To submit an article to "What is the Deal?" click here. To subscribe to the "What is the Deal?" mailing list and receive early notification when a new column is available, click here. The Pie of Knowledge will never, ever divulge email addresses to any third party for any reason unless so ordered by a court of law. Contributions to the Pie of Knowledge are greatly appreciated. 
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