This letter from Congressman Jim Kolbe, R-Az., is in response to an email I sent via website (I don’t remember if it was the Congressman’s or if it was Congress.org). Unfortunately, I do not have the text of that available as I did not save it.

 

Dear Mr. Slavin:

 

Thank you for contacting my office regarding the proposed Constitutional amendment banning physical desecration of the flag of the United States of America. I respect your views and appreciate hearing from you.

 

On July 3, 2003, the House of Representatives again considered a resolution, H J Res 4, to amend the Constitution to protect the flag. I have supported a proposal to amend the Constitution giving Congress the power to prohibit the physical desecration of the flag of the United States as long as it does not infringe on a person’s right to freedom of speech. Since 1990, I have voted in opposition to proposed Constitutional amendments banning flag burning. On July 3, I was distracted by a conversation with a reporter off the House floor and inadvertently voted in favor of H J Res 4 – one is a series of votes – when I meant to vote against it. My statement reflecting my intention to vote against the resolution was entered in the Congressional Record on June 4, 2003.

 

[NOTE: The Congressional Record for June 4, 2003 does indeed reflect this statement. Upon reviewing the July 3, 2003 vote to which the Congressman refers – which actually took place on June 3, 2003, there were 300 yeas – including half of Arizona’s delegation; 125 nays; and 8 not voting. 290 were required for passage before referral to the Senate. I have not verified the disposition of the resolution in the Senate, but to date there has been no news report that it has passed. -IJS]

 

I find flag burning disgraceful, and I get as angry as anyone does when I see or hear about such things. As a combat veteran of the Vietnam War, I know well the sacrifices that have been made by many generations of Americans to protect our freedom. We, as Americans, should honor our flag. It is a symbol of freedom. I am immensely gratified when I see all the flags flying in the face of terrorist attacks and in support of our troops fighting overseas; they make me very proud.

 

However, I am not at all comfortable with changing our Bill of Rights which guarantees our freedom. The Bill of Rights guarantees freedom of expression including dissent. Individual freedom and opportunity have built our nation into the strongest on earth where liberties are enshrined in our Constitution. The First Amendment to the Constitution protects free speech and allows us to openly debate any issue in this country. As vile as flag burning may be, the Supreme Court has ruled that it is political speech and, therefore, protected under the First Amendment.

 

I remain committed to preserving freedom and opportunity. In the true spirit of America, freedom must be maintained for those with whom we agree and, yes, those with whom we disagree. I believe we, as individuals, should honor the flag as a symbol of that freedom. Applying government coercion to prevent flag burning actually chips away at that freedom of expression. Old Glory can withstand a few exhibitionists looking for attention. We don’t have to jeopardize our freedoms to protect it. It is a symbol of what protects us.

 

On a related note, you may be interested to know that I am a cosponsor of HR 2028, the Pledge Protection Act of 2003. HR 2028 amends the Federal judicial code to deny jurisdiction to any court established by an act of Congress to hear or determine any claim that the recitation of the Pledge of Allegiance violates the first amendment of the Constitution. This bill relies on the long-settled doctrine that Congress has the ability to regulate the jurisdiction of the courts is establishes and to remove the issue of the Pledge’s constitutionality from the jurisdiction of federal district and appeals courts.

 

[NOTE: Click here to read the full text of HR 2028. Interestingly, Mr. Kolbe’s name is not listed among the bill’s many co-sponsors. The remaining Republican members of Arizona’s delegation are listed there, however.

 

I must also note that the writing style of the last paragraph of the letter is in a different style than the rest of the letter. I suspect Mr. Kolbe inserted it at the last minute without having bothered to read the rest of it, drafted (I presume) by a staffer at is direction. -IJS]

 

Thank you for taking the time to write and share your views.

 

Sincerely,

{signed}

Jim Kolbe

Member of Congress