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TIME: Almanac 1993
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071089
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07108900.045
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1992-09-23
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NATION, Page 23What Price Old Glory?
To protect the flag, Bush calls for an amendment
A cynical law-school adage says that if Americans ever held
a referendum on the First Amendment, they would overwhelmingly
reject it. They may soon get the opportunity. Many people were
outraged when the Supreme Court ruled that the Constitution's
free-speech protection extends even to occasional political
protesters who torch and trample the symbol of liberty, the
American flag. Among the outraged was George Bush, who proposes
to do something about it.
Declaring that he was "viscerally" against the court's
decision, the President called for a constitutional amendment
to carve an unprecedented exception in the Bill of Rights and
allow states to make flag burning a crime. Bush delivered his
announcement while standing with Republican congressional
leaders in front of the Iwo Jima memorial at a hurriedly
arranged photo opportunity near Arlington National Cemetery in
Virginia. ``The flag is too sacred to be abused," he said. "If
it is not defended, it is defamed."
Bush had initially been silent about an amendment, unsure
that a President should meddle in constitutional law. Over the
weekend, however, he took the national pulse via talk shows, and
on Monday aides said he favored "legislation" to remedy the
court's action. After his advisers told him that the Justices
would surely strike down a new law, Bush said he wanted to
codify his feelings in a constitutional amendment.
Never to be outdone, lawmakers on Capitol Hill joined the
hysterical chorus. In an extraordinary all-night session, House
members of both parties waited their turn to fulminate about
the flag decision. Though Democratic leaders want to bottle up
the measure in committee, Bush's language would become the
Constitution's 27th Amendment if two-thirds of both houses of
Congress adopt the measure and 37 states vote to ratify it.
Since flag burnings occur only rarely, the amendment would
amount to using a sledgehammer to kill a flea. Moreover, legal
scholars warn, one exception to free speech could lead to
another.
But politics is always more fun than government. And Bush,
after all, won the White House last year by visiting flag
factories and reciting the Pledge of Allegiance. Whatever the
lawyers' cautions, any good politician knows another axiom:
Dance with the one what brung you.