SENATE CONCURRENT RESOLUTION No. 76

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED FEBRUARY 13, 2020

Sponsored by:

Senator  CHRISTOPHER J. CONNORS

District 9 (Atlantic, Burlington and Ocean)

SYNOPSIS

     Memorializes Congress to propose constitutional amendment prohibiting the physical desecration of American flag.

CURRENT VERSION OF TEXT

     As introduced.

A Concurrent Resolution memorializing the Congress of the United States to propose an amendment to the United States Constitution, for ratification by the states, providing that Congress and the states shall have the power to prohibit the physical desecration of the American flag.

Whereas, There are cherished national symbols, such as the Washington Monument, the United States Capitol Building, and the Lincoln Memorial, which belong to every American and which should be protected from desecration and dishonor; and

Whereas, The American flag is not only such a symbol but is also an integral part of this nation's history and spirit; and

Whereas, Our flag was born in the struggle for independence that began with "The Shot Heard Round the World" in Concord, Massachusetts; and

Whereas, During the War of 1812, the American flag symbolized the stand of a young and brave nation against foreign invasion and inspired our national anthem; and

Whereas, During World War II, the Stars and Stripes was the banner that led American forces against fascist imperialism, from the depths of Pearl Harbor to the heights of Iwo Jima and from defeat in North Africa's Kasserine Pass to victory in the streets of Hitler's Germany; and

Whereas, Old Glory symbolizes the ideals for which good and decent people fought and died in Vietnam, often suffering cruel condemnation at home in that effort; and

Whereas, Our flag stands for the democratic values which were advanced in the struggle for civil rights for all Americans; and

Whereas, The American flag was carried to the moon as a banner of goodwill, vision, and triumph on behalf of all mankind; and

Whereas, The American flag is the honorable and worthy banner of a nation which is thankful for its strengths, committed to curing its faults, and which still remains the beacon of hope for millions of immigrants attracted by the American dream; and

Whereas, The United States Supreme Court has mistakenly decided to take away from the Stars and Stripes the protection and respect which it deserves; and

Whereas, The right of free speech was never intended to mean that our flag should be subjected to desecration and dishonor under the guise of freedom of expression; and

Whereas, The House of Representatives has passed a resolution proposing a constitutional amendment to authorize a ban on the physical desecration of the American flag in at least four sessions, but the Senate has repeatedly defeated the resolution; and

Whereas, Over the years, many state legislatures have urged Congress to pass such a resolution to amend the Constitution and allow laws which ban desecration of the American flag; and

Whereas, It is most appropriate for this House, and for people in every state, to call on the United States Congress, to protect Old Glory under the laws of the federal and state governments; now, therefore,

     Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

     1.    The Congress of the United States is respectfully memorialized to propose an amendment to the United States Constitution, for ratification by the states, providing that Congress and the states shall have the power to prohibit the physical desecration of the flag of the United States.

     2.    Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the Vice-President of the United States, the Speaker of the House of Representatives, and every member of Congress elected thereto from this State.

STATEMENT

     This concurrent resolution memorializes the Congress of the United States to propose an amendment to the United States Constitution, for ratification by the states, providing that Congress and the states shall have the power to prohibit the physical desecration of the American flag.