Nearly 250 years after the Second Continental Congress adopted a resolution establishing the Stars and Stripes as the official flag of the United States, we mark another Flag Day celebrating Old Glory and the enduring freedom it represents. But this occasion also marks another year in which Congress no longer has the constitutional authority it once had to decide how our most sacred symbol should be protected.
The American flag is not simply a textile of red, white, and blue. Each thread binds together America’s history, culture, and diversity, and represents the unity, sacrifice, and resolve exercised in our nation’s biggest triumphs and tragedies. It is a symbol recognized worldwide by those longing for the freedoms we enjoy here at home.
This is the flag that endured a night of relentless attacks from British warships in 1814, the sight of it battered but still standing compelling Francis Scott Key to pen the Star-Spangled Banner. This is the flag raised victoriously by Marines on the Island of Iwo Jima, held in determination by civil rights leaders, planted by astronauts on the moon, and hoisted by first responders on 9/11. This is the flag held by U.S. Olympians medaling on the podium after competing on the world stage and grasped in the hands of every newly naturalized citizen.
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But most moving of all, this is the flag that is draped over the caskets of fallen service members who paid the ultimate sacrifice for what the flag represents.
The flag unites us in a way nothing else can, and it is the people who deserve a say in whether it should be protected as our national symbol.
Before 1989, states and Congress had the authority to legislate on the issue of flag desecration. In fact, 48 out of 50 states had laws criminalizing flag burning to varying degrees. Politics, geographies, and state folkways aside, citizens overwhelmingly agreed that our flag deserved to be protected.
That changed in 1989 when the Supreme Court ruled 5-4 in Texas v. Johnson that flag desecration was a form of political expression protected by the First Amendment. Disillusioned by the court’s decision, Congress passed the Flag Protection Act of 1989, which designated specific actions of flag desecration as criminal behavior. This law was also overturned by the Supreme Court, taking away Congress’s ability to legislate on the issue.
Whether or not you agree with the court’s decisions, it’s clear that an issue once settled democratically was removed from the hands of the people. As we reflect on the great American experiment over the course of 250 years and the role the flag has played in it, it is only right that we reconsider this outcome.
That is why I, along with Sen. Steve Daines (R-MT), reintroduced our joint resolution proposing an amendment to the Constitution granting Congress the power to legislate on the issue of flag desecration. Passage of this resolution would give power back to the people, allowing their representative bodies to exercise the principles of self-governance and give our flag the protection it deserves.
Years ago, I watched in dismay as a citizen burned the flag in front of the city hall where I served as mayor. It was an act that conjured intense emotions and failed to recognize the sacrifice made by the men and women who have died to protect its symbolism. Millions of people share similar stories and know, like me, that desecrating our flag runs counter to any attempt to strengthen or unite our country.
And who could forget that moment on April 25, 1976, when Chicago Cubs outfielder Rick Monday famously rescued an American flag from two protesters who were attempting to burn it in the outfield of Dodger Stadium. There are many other examples of patriotic citizens going to great extremes to protect this sacred symbol of our nation.
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As we recognize this Flag Day, may we remember why. We honor a national symbol that is at the heart of our nation’s principles and history — a symbol that is held just as resolute in times of social angst or sorrow as it is in times of national pride and celebration.
This year, on our semiquincentennial anniversary, there is no better time for Congress to take the first step toward returning this decision of the flag’s protection and respect back into the hands of the people — where it belongs.
Steve Womack is a congressman representing Arkansas‘s 3rd Congressional District.