Why can't we just pass a law without amending the Constitution?

The Supreme Court rulings of 1989 and 1990 leave only one way to protect the flag and that is by constitutional amendment.

Background Information

Texas v. Johnson (1989), invalidated the flag-protection laws in 48 states and the District of Columbia.

Congress tried to reverse the decision by passing the Flag Protection Act of 1989, which was ruled unconstitutional in 1990 (U.S. v. Eichman).

The Supreme Court in its opinion said that the only way the flag could be protected would be by the creation of a narrow category a - "juridical category" - wherein the flag was specifically recognized above all other symbols and, therefore, could be accorded special protection.

Article V of the Constitution gives the people the right to amend the Constitution. Amending the Constitution is constitutional! The proposed wording of the amendment is:

"The Congress shall have power to prohibit the physical desecration of the flag of the United States."

The amendment itself would not protect the flag if passed. It would be the decision of the people through their elected representatives to decide if a law should be passed to provide the protection.

The American people have said that they would be less likely to vote for someone who opposed the flag amendment.

In our society it has always been necessary to balance license against liberty.

The U.S. Flag was protected for 100 years prior to 1989 without adverse consequences. The Citizens Flag Alliance is trying to return to the people what they had prior to the Supreme Court's decision(s) in 1989 and 1990.

 
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