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Post Officers (2007-2008)
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Legislative Issues Legion National Website
The American Legion's monthly newspaper from National Headquarters
By Jimmie L. Foster
When the president sent his fiscal 2009 budget proposal to Congress Feb. 4, there was some hope that the Bush administration had finally recognized the true needs of the Department of Veterans Affairs. During the 110th Congress, VA discretionary funding received more than $11 billion in additional funding for fiscal 2008 (more funding than was enacted in the previous five years).
Unfortunately, discretionary funding recommendations for VA showed only a $1.7-billion increase for fiscal 2009 funding. The bulk of that increase includes fiscal assumptions by administration officials - proposed and defeated last year - that The American Legion continues to find unacceptable, including:
Dole-Shalala recommendations taken up The Presidential Commission on Care for America's Returning Wounded Warriors, known simply known as the Dole/Shalala Commission, issued its final report last July, making dozens of recommendations to implement sweeping changes in both DoD's disability retirement system and VA's disability compensation system. The White House accepted the final report, while The American Legion and other veterans service organizations were more circumspect in their support.
Consequently, Congress has moved forward with legislation to implement some of the Dole/Shalala Commission's recommendations, as well as some recommendations made by the Veterans Disability Benefits Commission, which examined the DoD disability retirement system. On Feb. 28, Rep. Steve Buyer, R-Ind., introduced H.R. 5509, the Noble Warrior Act. In the Senate, Sen. Richard Burr, R-N.C., introduced S. 2674, the America's Wounded Warrior Act, on the same day. Both measures would establish a new DoD disability retirement system for U.S. servicemembers deemed unfit for service due to a line-of-duty injury. The new system would pay a lifetime annuity to those disabled veterans based on the member's rank and years of service. Servicemembers retired by disability after Oct. 7, 2001, would automatically be assigned to the new system, while those already receiving disability retirement payments would have the option of staying in the old system or transferring to the new system. The legislation would require VA to conduct a study aimed at determining appropriate amounts of compensation under a new, modern disability compensation rating schedule, which would reflect average loss of earning capacity and loss of quality of life due to disability. The new system would be open to all veterans, with recipients of compensation under the old system having their disability ratings grandfathered in, unless they submit a claim under the new system.
Post 9/11 Veterans Educational Assistance Act introduced
On April 9, Rep. Harry Mitchell, D-Ariz., introduced H.R. 5740, the Post 9/11 Veterans Educational Assistance Act. The legislation is being touted as an update of the current Montgomery GI Bill program that is more in line with the original GI Bill, also known as the Servicemen's Readjustment Act of 1944. Major provisions of H.R. 5740 include:
The Legion fully supports H.R. 5740, which was introduced with 170 co-sponsors. A companion measure, S. 22, was introduced by Sen. James Webb, D-Va., and has 52 co-sponsors. Members of The American Legion family are asked to contact their senators and representatives and urge them to become co-sponsors of this important legislation for veterans. If they are already co-sponsors, thank them for their support.
National Convention of the American Legion August 28, 2007
10:14 A.M. PDT THE PRESIDENT: Thank you all very much. (Applause.) Thank you all. Please be seated. Commander, thank you very much for the invitation to come. I'm honored to be here. I'm honored to represent Post 77 of Houston, Texas. (Applause.) I hope my fellow Texans behave themselves here in Reno. (Laughter.) You won't? Okay, well -- (Laughter.) I appreciate the fact that nearly every community in America has been enriched by the American Legion and the Women's Auxiliary. I appreciate the work that you do to remind our citizens about the blessings of America. You have the profound gratitude of the President and the people of this country. Thank you for your service. (Applause.)
![]() White House photo by Chris Greenberg I particularly appreciate the work you do with our country's young. I like the fact that you have a oratorical competition that, according to your organization, helps Americans communicate their ideas clearly and effectively. Paul suggested I might want to sign up. (Laughter and applause.) I appreciate the fact that through Boys and Girls Nation you teach young people who are interested in public service about how Washington really works. (Laughter.) I'm not there. (Laughter and applause.) We meet today at a critical time for our country. America is engaged in a great ideological struggle -- fighting Islamic extremists across the globe. Today I want to talk to you and to the American people about a key aspect of the struggle: the fight for the future of the Middle East. I'm going to explain why defeating the extremists in this troubled region is essential to our nation's security, and why success in Iraq is vital to winning this larger ideological battle. (Applause.) ... Read, watch or listen to the rest of the President's 45-minute-long speech on the White House's official website.
August 17, 2007
I want to thank you all for your vote of confidence and your support for me as your 88th national commander. When I was elected last August, you heard me say that the guiding light of my service is represented in the two outer rings of the great emblem of our organization - the care of our fellow veterans and the children of our nation. These two activities were at the core of my commander’s theme, “Back to the Basics, Together We Win.” I strongly believed that if we focused on doing the things that got us to the dance as an organization back in 1919, we would succeed in increasing membership while enhancing support for our programs. Thanks to you, by taking care of our veterans and the children of our nation, we have done just that. I challenged you to aggressively pursue our fight for the well being of our veterans. I stressed how it was vitally important to continue our volunteer work within the VA and state veterans homes. And while you were exceptionally responsive in being strong veterans advocates in your local communities it was the dilemma of our wounded soldiers at two military hospitals that garnered most of your attention and active support this past year. The investigation at Walter Reed Army Medical Center led to an outpour of concern that you voiced to your congressmen and senators. And when I, along with Auxiliary National President JoAnn Cronin, identified the need to donate money for the wounded heroes recuperating at Landstuhl Regional Medical Center in Landstuhl, Germany, you responded immediately and effectively, raising thousands of dollars on short notice. You were proactive in showing your support for our military troops, sending them off with honor and welcoming them home with pride. Your care for our veterans and their families through these initiatives, along with our Troop Support Service programs, provided us many opportunities to create “face time” in the community and with our men and women in uniform. I ask you to join me in supporting our newest initiative created to help our newest era of veterans who have suffered the ravages of war - our “Heroes to Hometowns” program. You quickly recognized the need to assist severely injured servicemembers once they returned to their hometowns. Together the national staff, departments and posts provided direct assistance to severely injured servicemembers when they return to their hometowns. I received news almost daily about Legionnaires, Auxiliary and Sons of The American Legion working together to host welcome home events for our wounded soldiers at American Legion posts across the country. And I was extremely glad to hear that some departments formed “Heroes to Hometowns” committees to expedite the program throughout the districts in their states. In fact, the Department of Michigan formed a “Heroes to Hometowns” task force shortly after last year’s national convention in Salt Lake City and was administering service and support to wounded soldiers in Michigan by Christmas. I also challenged you to continue our proud tradition of offering programs that foster youth leadership like American Legion Baseball, Boys and Girls Nation and support for Scouting, just to name a few. As a family, I wanted to raise thousands of dollars for the American Legion Legacy Scholarship Fund and we are doing just that. Those words, “Back to the Basics and Together We Win,” are not just limited to the direct support that you lend to our veterans and our children. The crux of our service is to support and advocate those American core values that our men and women in uniform have fought and died for. These values are in investment in the future of our children’s well being. You stood tall against the ACLU and continued your efforts to preserve America’s secular heritage in concert with the Veterans’ Memorials, Boy Scouts, Public Seals and Other Expressions of Religion Protection Act of 2007 (S. 415) in the U.S. Senate. This is a measure that would stop the award of taxpayer dollars in legal fees to groups filing lawsuits against veterans’ memorials and public displays of religion. Subsequently, we successfully formed a partnership with the Alliance Defense Fund (and Liberty Legal Institute to defend and protect our nation’s war memorials from increasing legal attacks from the ACLU and its allies, such as Freedom from Religion Foundation, and the American Atheists. Our ranks as Legionnaires must be strong to fulfill these many challenges. That is why it is so important to sustain and increase our membership. In my year as your commander, I asked that you equal your membership plus one. Many of you accomplished this through mentoring and through the “buddy system.” The success of your one-on-one approach to membership, coupled with our DMS Plus initiative, has reaped us rich dividends in membership this year. In looking back at my year as national commander, I would be remiss if I didn’t thank my a team of national vice-commanders and national officers who helped us get back to the basics of quality service and devotion to our veterans. They came from all walks of life and from all branches of service. Serving as our national vice-commanders for 2006-2007 were Byron W. White of Tuscaloosa, Ala.; Elgin L. Wahlborg of Arkansas City, Kan.; Robert L. Lahiere, Chattanooga, Tenn.; Alan Setterberg, Sandy, Utah; and Lloyd Hazen Woods, Stockholm, Maine. Our national officers this year included National Historian Michael J. Miskell of Scranton, Pa.; National Sergeant at Arms Joseph Steen of Wilmington, Mass.; and National Chaplain Stanley (Stan) Gruneich, of Flandreau, S.D. “Back to the Basics and Together We Win,” was more than just my motto. It has been my way of life as a member of The American Legion and I think that you manifested this positive synergy many times over this year. By focusing on our veterans and the children of our nation, we can move mountains in providing that service to our veterans, their families and their communities. Thanks again, one and all, for your great work on membership. And, I'll ask once again--anything you can do to help support out GI's at the Landstuhl hospital--I would be appreciative. I will be accepting donation checks on Wednesday, August 29, at approximately 2:00 p.m. on the convention stage. Thanks once again for a great year, and together we won. God bless, Paul A. Morin
July 2007
Legion Hails Amnesty’s Defeat, Calls For Better Border Security Washington, DC (June 28, 2007) - The National Commander of The American Legion called today’s collapse of the amnesty bill in the U.S. Senate “a victory for the American people.” The Senate’s 46-53 vote to limit debate on the bill essentially killed any attempt to reform immigration until after the 2008 elections, according to the Associated Press. “It is unconscionable that six years after the worst terrorist attack in history, America’s borders are still not secure,” National Commander Paul A. Morin said. “However, awarding amnesty to foreigners who have broken the law is not and will never be the way to make America more secure.” While The American Legion strongly opposed President Bush’s proposal to grant amnesty to illegal aliens, the nation’s largest veterans organization has repeatedly called upon the administration to construct security fences, hire more border patrol agents, invest in the necessary technology to protect the borders and search cargo entering U.S. ports. “Some of the terrorists who plotted to murder Americans at Fort Dix fit the definition of what many call ‘undocumented workers.’ They are illegal aliens and that is the term I will continue to use,” Morin said. “The American Legion is willing to work with our leaders in reforming immigration, but there can be no reform until our borders and ports are secure.” Morin also pointed out that illegal aliens can attend many state universities at lower tuition rates than Americans who are not state residents, a benefit not even offered to many of America’s veterans and military members. A Heritage Foundation study estimates that a typical illegal alien costs taxpayers $1.2 million in lifetime benefits and the total cost of the amnesty proposal would have been $2.6 trillion. “American taxpayers fund many of the health care, education and other public service benefits taken for granted by illegal aliens who pay no income tax,” Morin said.
The American Legion Magazine (June, 2007)
Flag Desecration Is Not Speech
During a recent antiwar demonstration in Portland, Ore., a U.S. soldier was burned in effigy, and a man pulled down his pants in front of women and children to defecate on a burning U.S. Flag. These gross displays don’t happen every day. But they happen enough in America, where flag desecration was once an independent, illegal act. It is now treated as a constitutionally protected act of free speech. That such behavior – behavior no one could ever classify as “speech” – happens at all in this nation is reason enough to pass a flag-protection amendment. The American Legion will not rest until that happens.
When the Senate version of the flag amendment was defeated by a single vote in the 109th Congress last year, some hoped patriotic veterans would give up on the cause and walk away. In fact, our resolve to correct a mistake made by the U.S. Supreme Court 18 years ago has never been stronger.
Early in the 110th Congress, Rep. John Murtha, D-Pa., introduced House Joint Resolution 12, better known as the flag amendment. Referred to the Committee on the Judiciary, the bill now rests with the Subcommittee on the Constitution, Civil Rights and Civil Liberties.
The language of H.J. Res. 12 remains uncompromised: “The Congress shall have power to prohibit the physical desecration of the flag of the United States.” The legislation is simple and to the point. It doesn’t give Congress the absolute right to protect the flag; rather, it makes it possible for Congress to send an amendment to the 50 states for ratification. If the amendment passes – and poll after poll conducted on behalf of The American Legion and the Citizens Flag Alliance suggests it overwhelmingly will – then U.S. citizens will again have the right to protect the single most reverential symbol of freedom and democracy the world has ever known.
This year, we’ve renewed our fight to return that right to the people. Passed in Salt Lake City during the 88th National Convention, Resolution 344 calls for The American Legion to “continue its efforts through affiliation with the Citizens Flag Alliance, Inc., to bring a successful conclusion to the grassroots campaign to amend the Constitution of the United States of America in order to return to the people their right to protect the flag from acts of physical desecration.” We’re doing this on the national level by meeting with members of Congress – our longtime allies, our opponents and those new to Washington who have yet to state their positions on the issue. Please do the same on the grass-roots level by contacting your senators and representatives to ask for their support.
The narrow defeat of the flag amendment in the Senate last summer wasn’t a mortal wound; it was progress, at last bringing us within a single vote of our goal. It’s going to take a strong grassroots effort once again to return Old Glory to the national agenda. We will succeed by calling, writing, e-mailing and rallying at the local, state and national levels. We must capture and hold the attention of a Congress that might wrongly believe The American Legion will give up on the one thing we all agree unites us: our flag.
May 2007 Senate Should Consider Our Security
Let me get this straight. Senator, you want to legalize people who enter our sovereign nation illegally, ignore our immigration laws, steal our identities and lie to employers? People who draw from our public services, get free health care and education, all paid for by you and me and American taxpayers? And, if I’m reading this right, many if not most, of our illegal visitors fail to pay taxes while sending huge sums of money back to their homeland.
Excuse me, am I the only one that sees something wrong with this? Isn’t it apparent that this deal is one-sided, and not in the best interest of the United States?
As I travel across this nation as the spokesman for The American Legion, people tell me they are frustrated, upset and concerned that little or no attention in this national debate has been given to national security implications. Some say that more Americans are being killed in the United States by illegal aliens than are dying on the battlefields in Iraq.
Sometimes they remind me that 30 percent of our federal prison population is illegal aliens and more than half of them have committed multiple crimes. The sad reality is that most of them will be released on our streets to commit more crimes; crimes against we, the American taxpayers, who are unknowingly funding their very existence in this country.
Yes, I know. I’ve heard the arguments. They are just hardworking men and women who come to this country to better themselves and to feed their families. But at what cost to the United States? Can we say with complete assurance that this is all they want?
Millions of illegal undocumented people in this country are a security time bomb and the clock is ticking. It is imperative that we, as a nation, put our national security up front, priority number one, when considering an immigration reform plan. The bill being considered in the U.S. Senate does not do that and leaves this nation vulnerable to acts of terrorism.
Local and state law enforcement agencies that do not report violations of immigration laws to federal authorities are gambling with our safety. Similarly, cities and municipalities with sanctuary policies for illegals are aiding and abetting. They are putting our nation at risk and recent history has proved that.
Mohammed Atta, one of the 9-11 terrorists, was stopped several times for traffic violations but his immigration status was not checked. If it had been, almost 3,000 people who perished that day might be alive today.
Earlier this month, Dritan Duka, Dljivir Duka and Shain Duka were arrested and charged with plotting to attack military bases and slaughter American service men and women. They might have been successful if it were not for an observant store clerk who reported their suspicious behavior.
Authorities had many opportunities to end this conspiracy but they did not check their immigration status. The Dukas were stopped 75 times for traffic citations and other violations between December 1997 and May 2006. Since they lived in a “sanctuary city,” law enforcement officials missed 75 opportunities to uncover the conspiracy and protect American lives. Instead, it was the observant store clerk who saved the day.
The American people have reason to be upset with our government because it is not doing its job. It’s time to put Americans first by dealing with illegals as uninvited visitors to our sovereign soil. Illegal aliens are trespassing and they are threats to our security. Let us pray that our elected representatives will come to that realization sooner rather than later.
The comprehensive American Legion Illegal Immigration strategy paper can be viewed here.
TO DOLE/SHALALA COMMISSION Washington, DC (Mar 9, 2007) - The National Commander of The American Legion, Paul A. Morin, today pledged his support to former Senate majority leader Bob Dole and Donna E. Shalala, former Secretary of Health and Human Services, as they lead a bipartisan commission that President Bush charged to investigate problems at Walter Reed Army Medical Center and throughout the military’s health care system. “The American Legion stands ready to provide this committee any assistance we can,” said Morin. “Providing service to our wounded soldiers as they make the transition from military to the veteran health care is something that we have been doing for 88 years.” Earlier this week Dole was quoted by the New York Daily News asking, “I wonder where all the service organizations were?” In response, Morin sent a letter to Dole clarifying that The American Legion has not only been there for the nation’s soldiers and veterans since 1919, but remains at the forefront today with programs designed to assist and improve the quality of life of America’s servicemen and women. "I believe he asked that question without realizing the extent of the services being provided by VSOs across the nation," Morin said. “The American Legion continues to visit all Dept. of Veterans Affairs medical facilities to monitor the quality of health care, and Legion posts across the country are working with our office at the Dept. of Defense Severely Injured Servicemembers Center to directly assist their transition back to civilian life at home.” On Tuesday, Morin signed a historic Memorandum of Understanding with Walter Reed Army Medical Center, establishing an American Legion transition office to assist wounded servicemembers in cutting through the red tape that now hinders a truly seamless transition between DoD and VA. This will be the first time The American Legion has a presence at a DoD Military Treatment Facility (MTF). While access to DoD facilities has been extremely limited in the past, this historic new partnership agreement with Walter Reed will allow The American Legion to more directly assist wounded servicemembers with their transition from DoD to the VA health care system.
The American Legion Magazine (July, 2006)
Don’t Let Another Sacred Symbol Fall In 1954, residents of San Diego erected a 29-foot cross on Mount Soledad as part of a memorial for Korean War veterans. More than 50 years later, a federal judge is tearing that part of the memorial down. This is just the latest example of the American Civil Liberties Union’s relentless attack on American values. (NOTE: The judge's ruling was stayed by the Supreme Court July 3, 2006; see following story.) In May, U.S. District Judge Gordon Thompson ordered the City of San Diego to remove the cross or face a fine of $5,000 for each day it remains standing on city property. The ruling came 15 years after Thompson ruled the cross violated the separation of church and state. Originally filed in 1989 by atheist Phillip Paulsen, the ACLU-guided lawsuit stayed in the courts until this spring. A majority of San Diego residents clearly want the cross to remain. In just 23 days, a group called San Diegans for the Mount Soledad National War Memorial gathered 105,000 signatures in favor of placing a proposition on the ballot asking the city to give the Mount Soledad Veterans Memorial Walls, the Veterans Memorial Cross and the land on which they both sit to the federal government under the jurisdiction of the National Parks Service. In July 2004, the measure passed with 75 percent of the vote but later was ruled unconstitutional. It appears the ACLU has won this battle, and another expression of religion has been suppressed. The Mount Soledad cross joins the Pledge of Allegiance phrase “under God,” the Ten Commandments, and other religious symbols used at veterans memorials as an ACLU target. And don’t think it can’t happen locally to The American Legion. Last year, in the small town of Fairfax, Minn., G.F.W. Schools officials told B.B.M. Post 205 that its members couldn’t come into the system’s middle school and conduct their annual Veterans Day program, as they have done for years. The reason? “They were afraid they’d get sued,” Post 205 Commander Lorenz Canfield said. “They said if we didn’t have an opening and closing prayer in the program that we could have the program in the school.” Post 205 chose to host the program at its own building, but if this can happen in a town of 1,200 people, it can happen anywhere. What’s next? Will the ACLU target the 9,387 crosses and Stars of David honoring World War II heroes killed during the invasion at Normandy? The Public Expression of Religion Act may be the only way to stop this assault. House Resolution 2679, authored by U.S. Rep. John Hostettler, R-Ind., seeks “to amend the Revised Statutes of the United States to eliminate the chilling effect on the constitutionally protected expression of religion by state and local officials that results from the threat that potential litigants may seek damages and attorney fees.” What many in the general public don’t realize is that the ACLU seeks and receives millions of dollars annually in taxpayer-funded attorney fee awards ordered by judges in ACLU establishment-clause lawsuits. PERA would cut these lawsuits off at the knees. Without the potential for a financial windfall, ACLU attorneys would be less likely to file these lawsuits in the first place. The measure would apply only to establishment-clause lawsuits and no other civil-rights claims. Too many sacred symbols already have been casualties of the ACLU’s war on American values. We need to stop the attacks now.
Monday, July 3, 2006 2:54 p.m. EDT The Supreme Court intervened Monday to save a large cross on city property in southern California. A lower court judge had ordered the city of San Diego to remove the cross or be fined $5,000 a day. Justice Anthony M. Kennedy, acting for the high court, issued a stay while supporters of the cross continue their legal fight. Lawyers for San Diegans for the Mt. Soledad National War Memorial said in an appeal that they wanted to avoid the "destruction of this national treasure." And attorneys for the city said the cross was part of a broader memorial that was important to the community. The 29-foot cross, on San Diego property, sits atop Mount Soledad. A judge declared it was an unconstitutional endorsement of religion. The cross, which has been in place for decades, was contested by Philip Paulson, a Vietnam veteran and atheist. Three years ago, the Supreme Court had refused to get involved in the long-running dispute between Paulson and the city. Kennedy granted the stay to the city and the cross' supporters without comment pending a further order from him or the entire court. The cross was dedicated in 1954 as a memorial to Korean War veterans, and a private association maintains a veterans memorial on the land surrounding it. Mayor Jerry Sanders has argued that the cross, sitting atop Mt. Soledad in La Jolla, is an integral part of the memorial and deserves the same exemptions to government-maintained religious symbols as those granted to other war monuments. In May, U.S. District Court Judge Gordon Thompson, Jr., ordered the city to take down the 29-foot cross before Aug. 2 or pay daily fines of $5,000. Thompson's ruling, which he described as "long overdue," found the cross to be an unconstitutional display of government preference of one religion over another. Last year, San Diego voters overwhelmingly approved a ballot proposition to transfer the land beneath the cross to the federal government. The measure was designed to absolve the city of responsibility for the cross under the existing lawsuit. But a California Superior Court judge found the proposition to be unconstitutional. © 2006 Associated Press Reprinted from NewsMax.com
WASHINGTON, June 28, 2006 - The leader of the nation’s largest veterans organization today issued this statement following the defeat of Sen. Joint Res. 12, the flag amendment, in the United States Senate: "The American Legion -- indeed, the vast majority of Americans -- are disappointed that the U.S. Senate has failed to vote in accordance with the will of the people by not passing the flag amendment. Would you believe that we were one vote short of victory? The 66-34 tally in favor of the amendment was one less than the two-thirds required. The 34 senators who voted against the amendment and the mainstream media just didn't get it. They argued that the amendment would violate the First Amendment right to free speech. And some Democrats complained that the majority of Republicans were exploiting people's patriotism for political advantage in the midterm elections. The fact of the matter is that the proposed amendment, sponsored by Senators Orrin Hatch, R-Utah, and Dianne Feinstein, D-Calif., read: "The Congress shall have power to prohibit the physical desecration of the flag of the United States." It represented Congress' response to Supreme Court rulings in 1989 and 1990 that the First Amendment to the Constitution protects burning and other desecrations of the flag as free speech. More importantly, the flag amendment represents the will of the people. Seven out of ten Americans across the country favor a flag amendment. While the Senators who opposed the amendment may have failed their constituents, I can assure you that The American Legion will not. We'll be back! I do have one favor to ask each of you. Many of you worked tirelessly in the months, weeks and days leading up to the vote in motivating fellow Americans to contact U.S. Senators from every state. Sixty-six of them listened to the people and stood with us in voting for the single remedy that would remove Old Glory from the courts and give it back to the people where it rightly belongs. You helped flood their offices with calls of support but now, many of our opponents are pressuring them to change their minds prior to the next Congress. That's why I'm asking each of you to take one more action now. Please email and personally call each of your senators who stood with us as promised. Thank them for their commitment to their constituents, to the Constitution and to that very flag that drapes the coffins of our fallen comrades. Let them know how much their stand means to us, our families and future generations. Let them know that 'we the people' will not rest until Old Glory is returned to us and that we look forward to their continued and valued support. Please do it soon and urge everyone you know to do the same. And I want to thank you for YOUR commitment to this effort and value your dedication and friendship. God Bless,
Thomas L. Bock, National Commander
WASHINGTON, June 28, 2006 - The leader of the organization that spearheaded the movement for passage of the flag amendment since 1994 provided the following statement in light of the defeat of Sen. Joint Res. 12: "Despite an overwhelming majority of Americans that want our flag protected, the U.S. Senate has ignored the people they represent. Some Senators claimed that there are more pressing matters to attend to; however, it is never the wrong time to do the right thing. "While we are disappointed that the flag amendment did not pass in the Senate, the Citizens Flag Alliance, representing 147 organization and over 20 million members, remains committed to returning the right of the people to protect our flag."
Major General Patrick H. Brady, USA (Ret.)
Senate Joint Resolution 12
Title: A joint resolution proposing an amendment to the Constitution of the United States authorizing Congress to prohibit the physical desecration of the flag of the United States. Text of the Legislation: “The Congress shall have power to prohibit the physical desecration of the flag of the United States.”
Sponsor: Utah Sen. Orrin G. Hatch (introduced 4/14/2005) Related Bills: House Joint Resolution 10 Latest Major Action: 4/14/2005: Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.
MAJORITY LEADER URGES COLLEAGUES TO VOTE By Bill Frist, U.S. Senate Majority Leader Ever since the Boy Scouts first taught me how to care for our flag over 40 years ago, it has always held a special place in my heart. We begin our work day in the U.S. Senate with the Pledge of Allegiance, and I proudly display the flag outside my offices in Washington. Like over 80 percent of Americans and all 50 of our state legislatures, I believe that the U.S. Constitution should allow the federal government to protect our flag. Since 1989, however, the Supreme Court has overturned 200 years of precedent and struck down all laws that prohibit flag desecration. Since I first won election to the Senate in 1994, I have supported a constitutional amendment to protect our flag. At every stage, The American Legion has provided invaluable assistance. Despite continual, bipartisan efforts to pass a flag-protection amendment, and support from an overwhelming majority of House and Senate members, the measure has repeatedly failed to get the 67 votes it needs to pass the Senate. I hope things will change this year. Before Congress adjourns for its July Fourth recess – most probably during the week of June 26 – I will put before the Senate a one-sentence amendment to the Constitution: “The Congress shall have power to prohibit the physical desecration of the flag of the United States.” I plan to argue for it on the Senate floor, and I hope my colleagues will vote for it. Many Americans have come to see the flag as a sacred symbol of our nation and its values. Americans have the right, and sometimes the duty, to protest government actions. Those who dislike American values have the right to express their opinions even when they are offensive. But I do not believe that the right to desecrate a symbol like our flag belongs in the same category. In conversation with veterans, teachers, police officers, public servants and other Americans from every walk of life, I’ve come to see that the flag is a vitally important symbol with a near-sacred civic meaning. All too many veterans have seen comrades die defending the flag, and nearly all Americans who have traveled abroad know the feelings of pride the flag evokes upon a return home. The flag stands for our nation but also for its values: freedom, justice, independence, equality and, ultimately, the people themselves. An attack on the flag isn’t just an issue of fundamental disagreement with the government but rather an attack on our country and her people. We should promote all manner of free political discussion, but we cannot allow the gross offense and indecency of flag desecration. People who would otherwise desecrate flags can still say whatever they want, but they should not be allowed to take actions that so offend the vast majority of Americans. The founders devised a process to amend the Constitution specifically so that the people, through their elected representatives, could bring our country’s most fundamental laws into line with their values. It’s time we act to protect our flag and the values it represents. I hope this June that the Senate will stand up for American values and pass the flag-protection amendment [Senate Joint Resolution 12].
SAMPLE FLAG PROTECTION AMENDMENT (SJR-12) LETTER Please copy this letter in your own handwriting and send it as soon as possible to Arkansas Senator Mark Pryor, who has not yet signed on as a cosponsor of this resolution. His address is: The Honorable Mark Pryor, 239 Dirksen Senate Office Building, Washington, DC 20510-0401. Feel free to add your own comments. Dear Senator Pryor: Protection of the flag of the United States is an American tradition. It is a matter that goes right to the heart of the value that society places on Old Glory. The flag embodies fundamental American values, those established ideals of life that we regard as desirable — like honor, courage, loyalty, and patriotism — all of which are deeply rooted in the traditions and conscience of the American people. Yet, there are those who refuse to acknowledge the value in the flag. A few US Senators don't want the flag protection amendment [SJR-12] to reach the floor of the Senate for a vote. Amendment opponents don't want voters to know they side with flag burners and go against the wishes of the majority. Eighty percent of the American people want the flag protected. All fifty state legislatures want Congress to pass the flag amendment. The US House of Representatives has passed the amendment five times in the last five Congresses. Even an overwhelming majority of Senators favor the amendment. All that blocks legal protection for Old Glory is ONE US Senator — just ONE. It's time, way past time in fact, to let the people of America decide if their flag deserves the protection of their Constitution. Get the flag amendment out of committee, onto the floor of the Senate, and into the states for ratification. Once and for all, We the People should have the final say on our flag — not a few Senators who think they know better than we do. Sincerely, [Your name]
For more information on this issue, visit the Citizens’ Flag Alliance online. Click on the link “Flag Amendment Petition” to download a copy of the official CFA petition calling for the passage of this amendment (requires Adobe Acrobat Reader).
Getting Involved Is What We Do Best: SJR 12 Support Last weekend, a high school junior from Knoxville, Tennessee, capped a busy weekend of competition in Indianapolis by winning first place in the 69th annual American Legion National High School Oratorical Championship in Indianapolis, Indiana. The title of his winning oration: “The Constitution Is Not A Spectator Sport.” In his speech Elledge spoke on the background behind the constitution and how the ideas found in our system of government serve as an overview of our duties and obligation as American citizens to be more involved in our government. “Constitutional democracy is not a spectator sport,” he said. “Just look at the beginning of the constitution, ‘we the people.’ Constitutional democracies are not merely founded upon the consent of the people; they are also absolutely dependent upon the active and informed involvement of the people.” Elledge summed up his speech by challenging all Americans to be more involved in their government. I couldn’t agree more and being involved is what The American Legion does best. Legionnaires have made a difference in our society for 87 years by providing service to veterans, supporting children and youth programs, making our voices heard on national security issues and by taking action to protect our American core values. Your involvement in the upcoming vote on SJR 12, the flag amendment, will also make a difference in our society for all future generations of Americans. The American Legion, along with 146 other organizations of the Citizens Flag Alliance, is trying to restore that right through the Flag Amendment. We have never been so close. The Senate vote on Senate Joint Resolution 12 is slated for June 26. We are excited because we have never been so close to victory. Sixty-seven votes are needed and there are sixty-six senators on board who favor the flag amendment. Last summer, the House of Representatives did the right thing and passed the amendment for the sixth time in six consecutive Congresses. Now it’s time for members of the Senate to do the right thing and vote for SJR 12. And here is how you can get involved. Go to http://www.cfa-inc.org/ and check to see if your Senator is in favor of SJR 12 or is opposed. If they are opposed to the flag amendment, then call, write and email them. Let them know that the majority of Americans, in poll after poll for 17 years, are in favor of a flag amendment. Contact them every day including the day of the vote. Let your Congressmen and Senators know that if they personally oppose the amendment they should vote for it anyway so that “we the people” can decide on the issue. Visit them in their district offices. Write letters, fax and email them. Be persistent. We have two months to keep a full court press on them. I am convinced that the intensity of our persistence will be the key to the successful passage of SJR 12. If they are in favor of SJR 12, contact them anyway and let them know how much you appreciate them for doing the right thing - return the right to protect to protect the flag to the people. As our young National Oratorical champion from Tennessee stated, “The constitution is not a spectator sport.” He challenged all Americans to be involved in their government. The American Legion can lead the way in this challenge. After all, getting involved is something that we do best. Just ask 14, 500 plus communities across America. Let’s lead the way in winning Senate approval of SJR 12. God Bless,
THOMAS L. BOCK
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