Current Status Introducing Body:
SenateBill Number: 501Primary Sponsor: MacaulayType of Legislation: CRSubject: U.S. FlagDate Bill Passed both Bodies: Feb 05, 1991Computer Document Number: 501Introduced Date: Jan 17, 1991Last History Body: SenateLast History Date: Feb 05, 1991Last History Type: Received from HouseScope of Legislation: StatewideAll Sponsors: Macaulay Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Leventis Long Lourie Martin Martschink Matthews McConnell McGill Mitchell Moore Mullinax O'Dell Passailaigue Patterson Peeler Pope Reese Rose Russell Saleeby Setzler Shealy Horace C. Smith J. Verne Smith Nell W. Smith Stilwell Thomas Waddell Washington Williams WilsonType of Legislation: Concurrent Resolution
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 501 Senate Feb 05, 1991 Received from House 501 House Feb 05, 1991 Adopted, returned with concurrence 501 House Jan 30, 1991 Committee Report: Favorable 24 501 House Jan 22, 1991 Introduced, referred to 24 Committee 501 Senate Jan 17, 1991 Introduced, adopted, sent to HouseView additional legislative information at the LPITS web site.
February 5, 1991
Introduced by SENATORS Macaulay, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson
S. Printed 2/5/91--S.
Read the first time January 17, 1991.
MEMORIALIZING CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR RATIFICATION BY THE STATES SPECIFYING THAT CONGRESS AND THE STATES MAY PROHIBIT THE PHYSICAL DESECRATION OF THE FLAG OF THE UNITED STATES OF AMERICA.
Whereas, although the right of free expression is part of the foundation of the United States Constitution, very carefully drawn limits on expression in specific instances have long been recognized as legitimate means of maintaining public safety and decency, as well as orderliness and productive value of public debate; and
Whereas, certain actions, although arguably related to one person's free expression, nevertheless raise issues concerning public decency, public peace, and the rights of expression and sacred values of others; and
Whereas, there are symbols of our national soul such as the Washington Monument, the United States Capitol Building, and memorials to our greatest leaders, which are the property of every American and, therefore, are worthy of protection from desecration and dishonor; and
Whereas, the American flag was most nobly born in the struggle for independence that began with "The Shot Heard `Round the World" on a bridge in Concord, Massachusetts; and
Whereas, in the War of 1812, the American flag stood boldly against foreign invasion, symbolized the stand of a young and brave nation against the mighty world power of that day, and, in its courageous resilience, inspired our national anthem; and
Whereas, in the Second World War the American flag was the banner that led the American battle against fascist imperialism from the depths of Pearl Harbor to the mountaintop on Iwo Jima and from defeat in North Africa's Kasserine Pass to victory in the streets of Hitler's Germany; and
Whereas, the American flag symbolizes the ideals for which good and decent people fought in Vietnam, often at the expense of their lives or at the cost of cruel condemnation upon their return home; and
Whereas, the American flag symbolizes the sacred values for which loyal Americans risked and often lost their lives in securing civil rights for all Americans, regardless of race, creed, or national origin; and
Whereas, the American flag is a most honorable and worthy banner of a nation which is thankful for its strengths and committed to curing its faults and remains the destination of millions of immigrants attracted by the universal power of the American ideal; and
Whereas, the American flag was carried forth to the moon as a banner of goodwill, vision, and triumph on behalf of all mankind; and
Whereas, the American flag, even now, is the rallying flag for those of the world who would protect its people from the heinous crimes and inhumanity of a despotic ruler and is, for civilized nations, the symbol of resistance to this tyranny and oppression in the Middle East; and
Whereas, it is only fitting that the people should blend their voices in a forceful call for restoration to the Stars and Stripes of a proper station under law and decency. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly memorialize Congress to propose an amendment to the United States Constitution for ratification by the states specifying that Congress and the states may prohibit the physical desecration of the flag of the United States of America.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of this state's congressional delegation.