Proposing an amendment to the Constitution of the United States giving Congress power to prohibit the physical desecration of the flag of the United States.
- Bill Number
- H.J.Res. 101
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Civil Rights and Liberties, Minority Issues
- Status
- Introduced
- Latest Action
- 2025-06-13: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-19T08:06:30Z
AI-Generated Summary
Purpose
This joint resolution (H.J. Res. 101) proposes an amendment to the U.S. Constitution to grant Congress the authority to pass laws banning the physical desecration of the American flag. The goal is to protect the flag as a national symbol by allowing federal restrictions on actions that damage or disrespect it physically.
Key Provisions
- Amendment Text: The proposed addition to the Constitution states: "The Congress shall have power to prohibit the physical desecration of the flag of the United States."
- Ratification Process: The amendment would become part of the Constitution if ratified by the legislatures of three-fourths of the states (38 out of 50) within seven years of its submission by Congress.
- Introduction Details: Introduced in the House of Representatives on June 13, 2025, by Representative Womack and co-sponsors, and referred to the House Committee on the Judiciary. It requires a two-thirds vote in both the House and Senate for proposal.
Significant Changes to Existing Law
- Under current law, physical acts like burning the flag during protests are protected as free speech by the First Amendment to the Constitution, based on Supreme Court rulings (e.g., Texas v. Johnson in 1989, which struck down state bans on flag desecration).
- This amendment would override those protections specifically for the flag, empowering Congress to create federal laws criminalizing such acts without violating the Constitution. It does not affect other forms of expression or non-physical disrespect.
Potential Impacts
- On Citizens: Could limit protest activities involving the flag, potentially leading to arrests or penalties for symbolic acts of dissent (e.g., flag burning at rallies). It might encourage patriotism but restrict free expression for some.
- On Government Agencies: Congress and federal law enforcement (e.g., FBI, local police) would gain authority to enforce new anti-desecration laws, increasing their role in monitoring and prosecuting flag-related incidents.
- On International Relations: Minimal direct impact, though it could signal U.S. emphasis on national symbols, potentially influencing perceptions abroad of American values like free speech versus respect for authority.
- Broader societal effects might include debates over symbolism during events like elections or national holidays, possibly reducing flag desecration incidents but sparking legal challenges.
Main Stakeholders Affected
- Congress and State Legislatures: Gain or must act on ratification powers; Congress could pass implementing laws.
- Citizens and Activists: Protesters, artists, or individuals using the flag symbolically (e.g., in political demonstrations) may face new restrictions.
- Military and Veterans' Groups: Often support flag protection as a matter of honor and tradition; they are key advocates for such measures.
- Civil Liberties Organizations (e.g., ACLU): Likely to oppose it due to free speech concerns, potentially leading to advocacy or lawsuits.
- General Public: Affected indirectly through cultural norms around national symbols and potential shifts in protest rights.
Notable Legal, Constitutional, or Political Implications
- Constitutional Implications: This would be a targeted exception to the First Amendment's free speech protections, marking a rare amendment to expand congressional power over expression. If ratified, it could set a precedent for similar limits on symbolic speech, though it requires broad state approval, highlighting federalism (the balance between national and state powers).
- Legal Implications: Enables Congress to enact enforceable statutes (e.g., fines or jail time for flag burning), reducing reliance on state laws that have been overturned. However, courts might still interpret "physical desecration" narrowly to avoid overreach.
- Political Implications: Reflects ongoing partisan divides—often supported by conservatives emphasizing patriotism and opposed by liberals prioritizing free speech. Passage could energize debates on constitutional changes, influencing midterm or presidential elections, but failure to ratify within seven years would end the effort without altering the status quo.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (24)
Rep. Zinke, Ryan K. [R-MT-1], Rep. Fallon, Pat [R-TX-4], Rep. Strong, Dale W. [R-AL-5], Rep. Hinson, Ashley [R-IA-2], Rep. Collins, Mike [R-GA-10], Rep. Rogers, Harold [R-KY-5], Rep. Valadao, David G. [R-CA-22], Rep. Bacon, Don [R-NE-2], Rep. Crawford, Eric A. "Rick" [R-AR-1], Rep. Smith, Christopher H. [R-NJ-4], Rep. McGuire, John J. [R-VA-5], Rep. Stefanik, Elise M. [R-NY-21], Rep. Westerman, Bruce [R-AR-4], Rep. Hunt, Wesley [R-TX-38], Rep. Harrigan, Pat [R-NC-10], Rep. Alford, Mark [R-MO-4], Rep. Owens, Burgess [R-UT-4], Rep. Ellzey, Jake [R-TX-6], Rep. Cole, Tom [R-OK-4], Rep. Edwards, Chuck [R-NC-11], Rep. Letlow, Julia [R-LA-5], Rep. Bice, Stephanie I. [R-OK-5], Rep. Ciscomani, Juan [R-AZ-6], Rep. Stauber, Pete [R-MN-8]
Recent Actions
- 2025-06-13: Referred to the House Committee on the Judiciary.
- 2025-06-13: Introduced in House
- 2025-06-13: Introduced in House
Bill Versions
- Proposing an amendment to the Constitution of the United States giving Congress power to prohibit the physical desecration of the flag of the United States. — issued 2025-06-13 — PDF (2 pages)