| WebQuest:
Should the United States Enact a Constitutional Amendment
to Prohibit Flag Burning?
Introduction
Did you know that the proper method of destroying or "retiring"
a flag that is worn out or soiled is to burn it? Boy Scouts
and American Legion groups regularly perform such ceremonies.
However, ordinary citizens who have burned flags for other
reasons, such as political protest, have often been subject
to arrest in this country. This is because many states,
including Texas, have laws making it a crime to burn or
desecrate the flag. In 1984, Gregory Lee Johnson was arrested
for burning a flag during protest outside the Republican
National Convention in Texas. His case eventually went to
the Supreme Court of the United States. In the 5 to 4 ruling
the Court explained that what Johnson did is a form of speech
that is protected by the First Amendment.
Question/Task
In response to this decision, flag supporters have tried to pass a Constitutional amendment
to protect the flag or prohibit flag burning. A proposed constitutional amendment needs a two-thirds majority in both houses of Congress and be approved by three-fourths of the state legislatures. Since the Supreme Court ruling, the House has approved flag amendments in 1995, 1997, 1999 and 2001, all by more than 300 votes. The Senate, in votes in 1995 and 2000, came up with only 63 votes, four short of the two-thirds majority needed.
For information on the 2004 attempt to pass the Desecration of the Flag Resolution, click here.
And so the debate continues, with proponents likely to continue
raising the issue. As a recently elected U.S. Senator, you
will be asked to vote on this issue, which is very important
to many of your constituents. Before voting, you must learn
about the arguments on both sides and make an informed decision.
Then you will vote on this issue: Should the United States
enact a constitutional amendment to prohibit flag burning?
Background for Everyone
Read the CNN article High
court rulings led to quest for flag-burning amendment.
Process
- Your teacher will assign you one of the base groups
listed below. You and the other members of your group
will read at least two of the articles that have been
assigned to your base group.
Citizens Flag Alliance (CFA), an organization founded
by the American Legion and other like-minded groups
It's
Not the Flag, Stupid Editorial by Major General Patrick
H. Brady (USA Ret), CFA Board Chairman
The Flag Protection Amendment and the Return to First
Principles by Stephen B. Presser
CFA
members rally around flag-protection amendments Old
Glory News: April 2001
Just
Plain Tired of Being Pushed Around by Daniel S. Wheeler,
CFA President
Veterans groups for the Amendment
Frontlines:
Our fight, the right thing to do by Major General
Patrick H. Brady, CFA Board Chairman
The
Flag Speaks Poem and anecdote about the flag
Just
Plain Tired of Being Pushed Around by Daniel S. Wheeler,
CFA President
The
Flag Protection Amendment and the Return to First Principles
by Stephen B. Presser
Politicians for the Amendment
Open
Forum -- The Flag Deserves Protection by Senator Dianne
Feinstein
Senator Wayne Allard's (R-Co) statement in support of a flag amendment
Civil Liberties Organizations (American Civil Liberties
Union/ACLU and People for the American Way/PFAW)
Veterans Group Oppose Flag Constitutional Amendment; Joins ACL in Call To Reject Censorship in the Constitution
ACLU Letter to Senate opposing anti-flag burning measures
Burning the Bill of Rights to Save the Flag
On
Capitol Hill: Flag Amendment PFAW explains all
of the reasons they oppose the flag amendment. People
for the American Way discusses potential impact
of the flag burning amendment
Individual veterans against the Amendment
In
Their Own Words Direct quotes from a number
of famous veterans
Letter from Colin Powell
Veterans
Defending the Bill of Rights Contains some of
the same comments that are in the other articles
Testimony of Gary May to Congress: Opposition to H.J. Res. 4
Politicians against the Amendment
Flag
Amendment raises symbol above liberty Editorial
Flag
more endangered by patriots than pyromaniacs Commentary
by Dennis Neal on the Freedom Forum Web site
Ted
Kennedy Comments from a 1990 speech before Congress
- When all members of the group have finished reading,
work together to complete Student Handout #1. Fill in the information regarding the position
of your base group.
- Students will form jigsaw groups so they are working
with one person from each of the other base groups. Each
person in the jigsaw group will share his or her findings
from the initial reading. All members of the jigsaw group
will listen and use this new information to complete Student
Handout #2.
- The jigsaw group will identify the strongest arguments
for and against the amendment to prohibit flag burning
and discuss them.
- Each individual will reflect on the arguments and make
a decision regarding whether he or she is for or against
the amendment to prohibit flag burning.
- The U.S. Senate, which is composed of all members of
the class, will convene and debate the issue. Then they
will vote to see if the amendment passes.
Real World Feedback
Since it is possible that the U.S. Senate will be voting
on this in the future, write a letter to your Senator expressing
your viewpoint on the question, "Should the United States
enact a constitutional amendment to prohibit flag burning?"
In your letter, be sure to state your position clearly and
provide arguments that support your position.
Interested in the position
of members of the House of Representatives?
Conclusion
- Should the U.S. Constitution be changed if the majority
of people believe it should be? Why or why not?
- What is the likelihood that an amendment will be passed
in the future?
- Is writing a letter an effective way to influence the
process? What are some other ways that citizens can be
involved in the amendment process?
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