What will the punishment be if the amendment is passed?
This amendment does not punish flag burners nor does it infringe on anyone's rights. It says: "The Congress shall have power to prohibit the physical desecration of the flag of the United States." It is an enabling amendment. It returns to the people and to Congress the power to pass flag protection laws if they want to. On the other hand, in most states prior to 1989, flag desecration was a third or fourth class misdemeanor carrying a small fine. The federal government provided for a fine up to $1000 and up to one year in prison. We have no reason to believe that the penalties prescribed in the various states would be any more severe than what they were previously.