H J RES 33 - Constitutional Amendment to Prohibit the Physical Desecration of the United States Flag

Constitutional Vote: No

Vote Date: June 24, 1999

Flag Burning Amendment, House Joint Resolution 33. This measure proposes an amendment to the Constitution stating that "the Congress shall have power to prohibit the physical desecration of the flag of the United States." Representative Charles Canady (R-FL) argued that such an amendment is needed "because the Supreme Court, in its mistaken interpretation of the First Amendment, stripped our flag of the protection to which it is entitled." He is mistaken, however. If Congress truly wishes to rein in the Supreme Court with regard to flag burning and myriad other issues, it can simply exercise its constitutional power to limit the Court’s appellate jurisdiction (Article III, Section 2). The House adopted this measure on June 24, 1999 by a vote of 305 to 124 (Congressional Record, pages H4843-44, roll call 252; we have assigned pluses to the nays).