Why do we even need this amendment?
The Supreme Court decision left no other option by which the people can pass laws protecting their flag from physical desecration. Congress tried the Flag Protection Act of 1989 and it was ruled unconstitutional. Scholars have looked at all of the other options, and they all fail to pass muster. Simply put, the Constitution does not have the resources within it to allow the people to set aside the flag as a unique symbol deserving of protection. This amendment will put those resources into the Constitution.