The Deseret Morning News editorial of June 24 opposing a constitutional amendment to allow protection of the American flag failed both to diagnose the real problem and properly evaluate the solution.
While this particular controversy involves protecting the unique symbol that is the American flag, a much greater principle is at stake here. The Constitution belongs to the people, not the Supreme Court. For too long, the court has cavalierly brushed aside our values and undermined the virtue that feeds our freedom. This amendment lays down a marker. Enough is enough. As Thomas Jefferson wrote, "I like a little rebellion now and then. It is like a storm in the Atmosphere." It is time the people took their Constitution back.
In 1989 and 1990, the Supreme Court changed the First Amendment to prohibit either the states or Congress from protecting the flag from urination, defecation and other desecration. But the Constitution is not whatever five Supreme Court justices say it is. When the court changes our Constitution, we the people have every right to correct those errant justices. This is one of those times. The question is, who runs the country and defines the culture, the people through their elected representatives, or some unelected judges? I side with the people. The Deseret Morning News apparently sides with elitist judges.
The court's new version of the First Amendment changed what the people understood regarding this unique symbol of America. We have a national holiday dedicated to the flag. Our national anthem is centered around the flag. We pledge allegiance to the flag. And for nearly a century, the states and Congress have had laws prohibiting desecration of the flag. All of this is strong evidence that the American people have never believed the Constitution forces them to stand helplessly by while the singular symbol of this great land is trampled and shredded.
The Supreme Court was wrong to say otherwise. Urinating and defecating on the flag or burning it with contempt are not speech but are highly offensive and repulsive conduct. I do agree with this observation by the Deseret Morning News: "Particularly at a time when the nation is involved in a military conflict, it is a stunning affront to brave men and women who are sacrificing their all for freedom." That freedom includes the American people's ability to amend their Constitution and to decide for themselves how to resolve important social and cultural issues.
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