SENATE-Friday, December 8, 1995
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35936 CONGRESSIONAL RECORD-SENATE December 8, 1995 SENATE-Friday, December 8, 1995 The Senate met at .10 a.m. and was The PRESIDING OFFICER. Without ways of expressing these views without called to order by the President pro objection, it is so ordered. defacing the flag? tempore [Mr. THURMOND]. Mr. HATCH. Mr. President, in listen In June, a flag was burned in Hays, ing to the debate on the flag amend KS. Just a short time ago, I saw a news PRAYER ment on Wednesday and some of the re clip about a motorist at a gas station The Chaplain, Dr. Lloyd John marks of some of my colleagues here using an American flag to wipe the Ogilvie, offered the following prayer: on the floor, my reaction with respect car's dipstick. A veteran-a veteran Let us pray: to some of their arguments and some of called it to the police's attention but, Lord of all life, thank You for the the arguments of the opponents of the of course, the individual cannot be gift of time. You have given us the flag amendment comes down to, there prosecuted today for that desecration hours of this day to work for Your they go again. The same tired, old, of the flag. He can keep using it as he glory by serving our Nation. Remind us worn out arguments, again and again. has, or perhaps he will next use it to that there is enough time in any one One of my colleagues from Arkansas wash his car. day to do what You want us to accom says we are here because of "pure, My friend from Arkansas raised a plish. Release us from that rushed feel sheer politics." Evidently, some oppo concern about a person being punished ing when we overload Your agenda for nents of the amendment believe there for refusing to salute or honor the flag. us with things which You may not have is only one side to this argument, and No law enacted under the flag amend intended for us to cram into today. everybody else must be playing poli ment can compel anyone to salute or Help us to live on Your timing. Grant tics. Tell that to Rose Lee, a Gold Star honor the flag, to say nice things about us serenity when we feel irritated by Wife and past president of the Gold the flag, or otherwise compel anyone to trifling annoyances, by temporary frus Star Wives of America. respect the flag. There is an obvious tration, by little things to which we She testified in support of this con difference between prohibiting physical must give time and attention. May we stitutional amendment to prevent desecration of the American flag and do what the moment demands with a desecration of the American flag, our compelling someone to express respect heart of readiness. Also give us the national symbol. She testified in sup for it. So it is totally irrelevant, in this courage to carve out time for quiet port of this amendment on June 6, 1995, debate, to talk about punishment for thought and creative planning to focus before the Constitution Subcommittee, failing to respect or salute the flag or our attention on the big things we and brought with her the flag that had pledge allegiance to it. The pending must debate, and eventually decide draped her husband's coffin. She said: amendment simply does not authorize with a decisive vote. Help us to be si It's not fair and it's not right that flags such punishment. Nor does it authorize lent, wait on You, and receive Your like this flag, handed to me by an honor punishment for saying critical things guidance. May the people we serve and guard 23 years ago, can be legally burned by about the flag or anything else. those with whom we work sense that in someone in this country. It is a dishonor to Some of my friends who have spoken the midst of pressure and the rough our husbands and an insult to their widows here also drew attention to a chart and tumble of political life, we have to allow this flag to be legally burned. with various flags on it from places had our minds replenished by listening Go tell Rose Lee she supports the like Nazi Germany, the Soviet Union, to You. In the name of our Lord. Amen. flag protection amendment out of pure, Cuba, and Iraq, with the American flag sheer politics. in the middle. One of my colleagues Go tell the members of the American RESERVATION OF LEADER TIME pointed out that these other countries Legion who have been visiting our of prohibited flag desecration. The PRESIDENT pro tempore. Under fices. Go tell our colleague, Senator But when opponents of the amend the previous order, the leadership time HEFLIN, a Silver Star winner from ment trot out these comparisons is reserved. World War II, that he is playing poli among countries and their flag desecra tics. Tell the Senate Democratic whip, tion laws, they never really explain FLAG DESECRATION Senator FORD, that he is playing poli fully their point. To begin with, the CONSTITUTIONAL AMENDMENT tics by cosponsoring and supporting difference between the American flag this amendment, a man who has suf and these other flags is certainly self The PRESIDENT pro tempore. Under fered a lot for this country. Tell the evident to all of my colleagues and to the previous order, the Senate will now Democratic leader of the other body, the American people. And, of course, I proceed to the consideration of Senate Congressman RICHARD GEPHARDT, and know that those of my colleagues who Joint Resolution 31, which the clerk 92 other House Democrats that they think these comparisons are useful rec will report. played politics when they voted for ognize the difference between what the The legislative clerk read as follows: this amendment. American flag represents and what A joint resolution (S.J. Res. 31) proposing an amendment to the Constitution of the As for the number of flag desecra Nazi Germany's flag represents. United States to grant Congress and the tions-again, my friend from Arkansas So what really is the point of the States the power to prohibit the physical was wrong. He said there were none comparisons of flag desecration laws in desecration of the flag of the United States. this year. In fact, there have been pub these countries? Is it that, in some un The Senate proceeded to consider lished reports of at least 20 American defined way, there is a kind of moral ation of the joint resolution. flags destroyed at a cemetery in equivalence between Nazi Germany, Mr. HATCH. Mr. President, I suggest Bloomington, IN, alone. They were cut Iraq, and the United States if all three the absence of a quorum. or ripped from flagpoles and burned. prohibit physical desecration of their The PRESIDING OFFICER (Mr. These desecrations were also reported flags? That is too nonsensical to be the DEWINE). The clerk will call the roll. on local television. point. Indeed, until 1989, 48 States and The legislative clerk proceeded to In July of this year, according to Congress had outlawed physical dese call the roll. USA Today, a flag was defaced with ob cration of the flag. Did any opponent of Mr. HATCH. Mr. President, I ask scene messages about President Clin the amendment feel they were in a po unanimous consent that the order for ton and Speaker GINGRICH in New lice state during that time? I do not the quorum call be rescinded. Hampshire. Are there not countless think anybody did. Did the American e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. December 8, 1995 CONGRESSIONAL RECORD-SENATE 35937 people not have numerous ways to ex glorious American flag, because I know what will be made at the request of a num press themselves without physically it represents not only to me, but to millions ber of Senators who are concerned, as I around the world . am, about that possibility. At the ap desecrating our flag? Indeed, as I ex Protest if you wish. Speak loudly, even plained in my opening remarks on curse our country and our flag, but please, in propriate time, an amendment to make Wednesday, freedom of speech actually the name of all those who died for our free that change will be filed. expanded in this country through 1989, doms, don't .,Physically harm what is so sa All this amendment does is restore even as flag protection statutes were cred to me and countless others. the symbol of our American flag to a being enacted. Go tell Stephen Ross that protecting constitutionally protected status. And If I told my colleagues that Nazi Ger the American flag from physical dese it allows the Congress, if it chooses many also had stringent gun control cration is in any way like protecting to-it does not have to, but if it choos laws, do the opponents of the flag pro the Nazi flag from such desecration, or es to-to enact implementing legisla tection amendment believe, for that in any way represents some notion, tion to protect the flag. reason, America better not adopt a par however small, of moral equivalence There is no one in Congress who is ticular gun control measure? They did. between Nazi Germany and the United going to go beyond reason in protect To use that kind of reasoning, why States, or in any way puts the United ing the flag.