THE PASSION OF THE STARS & STRIPES

When the bombs burst in the air, at least our flag is still flame-retardant

Last week, the House of Representatives approved, 286-130, a Constitutional Amendment that essentially bans the desecration of the American flag. The measure now goes to the Senate.

Not alarmed yet? Perhaps you take comfort in the fact that the Senate killed an identical measure in 2003. Bad news. The bill only lost by four votes and since then the Republican Party has picked up four seats.

Which is to say, this asinine legislative effort has the best chance in decades of gaining the necessary two-thirds Senate approval. According to the LA Times, there are 65 votes lined up in favor of the amendment. Hence the Amendment will pass the Senate if any two of the following four senators say aye: Hillary Clinton (D-NY), Maria Cantwell (D-WA), Jon Corzine (D-NJ) and Mark Pryor (D-Ark).

If this proposed amendment passes the Senate, at least 38 states (3/4ths of the states) will likely ratify it, thereby becoming a permanent fixture in our nation's supreme law.

Your move, Germany.

Strangely, not many people -- including many civil libertarians I know -- seem to be concerned.

I hope the apathy is not rooted in the assumptions articulated by the two entreprenitwits who stood behind me in line at the airport this morning:

Suit #1: "It doesn't matter if it passes because it's unconstitutional."
Suit #2: "Yeah, totally a violation of free speech."
Suit #1: "Besides, the Supreme Court will strike it down again."

Here's a basic lesson in constitutional law, fellas: A constitutional amendment is never unconsitutional because it's part of the constitution!

The proposed measure, if passed, won't violate the First Amendment; rather, it will amend -- or if you prefer, rewrite -- the First Amendment. And there is not a single thing that any court can do about it.

All of which is to say, our country is two votes away from amending our Bill of Rights for the first time ever.

In sum, would such a measure be unconstitutional? No.

Un-American? Yes.

--Junichi