news.yahoo.com/s/ap/20050622/ap_on_go_co/flag_burning
AP House Approves Flag-Burning Amendment By LAURIE KELLMAN, Associated Press Writer 49 minutes ago WASHINGTON - The House on Wednesday approved a constitutional amendment t hat would give Congress the power to ban desecration of the American fla g, a measure that for the first time stands a chance of passing the Sena te as well.
By a 286-130 vote eight more than needed House members approved the a mendment after a debate over whether such a ban would uphold or run afou l of the Constitution's free-speech protections. Approval of two-thirds of the lawmakers present was required to send the bill on to the Senate, where activists on both sides say it stands the b est chance of passage in years. If the amendment is approved in that cha mber by a two-thirds vote, it would then move to the states for ratifica tion. Supporters said the measure reflected patriotism that deepened after the Sept. "Ask the men and women who stood on top of the (World) Trade Center," sai d Rep. "Ask them and they will tell yo u: pass this amendment."
voting record), D-NY, s aid, "If the flag needs protection at all, it needs protection from memb ers of Congress who value the symbol more than the freedoms that the fla g represents." The measure was designed to overturn a 1989 decision by the Supreme Court , which ruled 5-4 that flag burning was a protected free-speech right. T hat ruling threw out a 1968 federal statute and flag-protection laws in 48 states. The law was a response to anti-Vietnam war protesters setting fire to the American flag at their demonstrations. The proposed one-line amendment to the Constitution reads, "The Congress shall have power to prohibit the physical desecration of the flag of the United States." For the language to be added to the Constitution, it mu st be approved not only by two-thirds of each chamber but also by 38 sta tes within seven years. Each time the proposed amendment has come to the House floor, it has reac hed the required two-thirds majority. But the measure has always died in the Senate, falling short of the 67 votes needed. The last time the Sen ate took up the amendment was in 2000, when it failed 63-37. But last year's elections gave Republicans a four-seat pickup in the Sena te, and now proponents and critics alike say the amendment stands within a vote or two of reaching the two-thirds requirement in that chamber. By most counts, 65 current senators have voted for or said they intend to support the amendment, two shy of the crucial tally. More than a quarte r of current senators were not members of that chamber during the last v ote. The Senate is expected to consider the measure after the July 4th holiday .
Tyler Jones, 10, of Austin, Texas, waves a small American flag at the Memorial Day ceremony at Arlington National Cemetery in Virginia, May 3 0, 2005. President George Bush had addressed the gathering after laying a wreath at the Tomb of the Unknowns.
The informati on contained in the AP News report may not be published, broadcast, rewr itten or redistributed without the prior written authority of The Associ ated Press.
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