A joint resolution proposing an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States.
- Bill Number
- S.J.Res. 58
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Civil Rights and Liberties, Minority Issues
- Status
- Introduced
- Latest Action
- 2025-06-12: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2025-12-18T11:56:35Z
AI-Generated Summary
Purpose
This joint resolution (S.J. Res. 58) proposes a constitutional amendment to grant Congress the authority to pass laws banning the physical desecration of the U.S. flag, such as burning or otherwise damaging it in a way that shows disrespect.
Key Provisions
- Proposed Amendment Text: Adds a new article to the U.S. Constitution stating: "The Congress shall have power to prohibit the physical desecration of the flag of the United States."
- Ratification Process: The amendment becomes part of the Constitution if ratified by the legislatures of three-fourths (38) of the states within seven years of Congress's submission.
- Introduction Details: Introduced in the Senate on June 12, 2025, by Senator Daines (with Senator Crapo as co-sponsor); referred to the Senate Committee on the Judiciary after a second reading.
Significant Changes to Existing Law
- Under current law, physical acts like flag burning are often protected as free speech under 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 as unconstitutional).
- This amendment would override those protections by explicitly allowing Congress to create federal laws criminalizing such acts, potentially enabling penalties like fines or imprisonment for physical damage to the flag.
Potential Impacts
- On Government Agencies: Congress could enact new enforcement laws, increasing responsibilities for federal law enforcement (e.g., FBI or local police) to investigate and prosecute violations; courts would handle related cases, possibly leading to more litigation.
- On Citizens: Could limit forms of protest or symbolic expression involving the flag, affecting individuals' rights to free speech; might deter certain political demonstrations but provide legal recourse for those offended by flag desecration.
- On International Relations: Minimal direct impact, though it could influence perceptions of U.S. commitment to free expression abroad, potentially drawing criticism from countries or organizations that view it as restricting civil liberties.
Main Stakeholders Affected
- Congress and Federal Government: Gains explicit constitutional power to legislate on flag protection.
- State Legislatures: Must vote on ratification; successful ratification would allow states to align with or enforce federal laws.
- Citizens and Activists: Particularly those involved in protests (e.g., anti-war or civil rights demonstrators) who use flag desecration as symbolic speech; also veterans, military personnel, and patriotic groups who support stronger flag protections.
- Judiciary: Federal and state courts would interpret and apply any new laws, potentially reviewing challenges on free speech grounds.
Notable Legal, Constitutional, or Political Implications
- Legal/Constitutional: This would be the first amendment specifically addressing flag desecration, altering the balance between the First Amendment's free speech protections and symbolic national interests; it requires a two-thirds vote in both houses of Congress before state ratification, a high bar that has succeeded only 27 times in U.S. history.
- Political: Highlights ongoing debates over patriotism versus civil liberties; past similar proposals (e.g., in the 1990s) failed due to free speech concerns, suggesting this could spark partisan divides, public referendums, or advocacy campaigns during ratification.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Sen. Crapo, Mike [R-ID], Sen. Marshall, Roger [R-KS]
Recent Actions
- 2025-06-12: Read twice and referred to the Committee on the Judiciary.
- 2025-06-12: Introduced in Senate
Bill Versions
- Proposing an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States. — issued 2025-06-12 — PDF (2 pages)