In response to Hampshire College's decision to ban the American Flag from campus, the incoming Trump Administration is committed to criminalizing the burning and desecration of Old Glory. On The Kuhner Report on WRKO this afternoon, host Jeff Kuhner suggested that prison time should be the penalty for flag burning, the executive producer Brittany suggested a fine or community service at the VA, and producer Jared suggested no penalty because he's a Libertarian.
Unfortunately, the Supreme Court ruled several decades ago that flag burning is protected by the First Amendment, and the D-party and the GOP establishment oppose punishment. Title 36 of the USC only gives the procedures, but there are no established penalties. If Congress were to establish criminal or civil penalties to Title 36, the courts will likely strike them down since there is no mention of the Flag in the Constitution. So in order to protect the laws regarding the Flag, I suggest the following Constitutional Amendment:
§1. The United States shall have a code on the proper dignity of the Flag for military and civilian usage.
§2. Civilians who are citizens of the United States shall stand upright and place their right hands across their hearts for:
(a) The National Anthem and any other auxiliary songs of patriotic nature as declared by an Act of Congress or the President;
(b) The Pledge of Allegiance, which shall include the words:
“I pledge allegiance
to the Flag
of the United States
and to the Republic
for which it stands
(c) A moment of silence in conjunction with the Flag;
(d) The playing of “Taps”;
(e) The hoisting and lowering of the Flag on a flagpole;
(f) The passer-by display of the Flag during a parade.
§3. No person shall be denied to express devotion to the Flag while in the United States, which includes saluting in section two, the public display, and the affixment of a pin or patch on regular clothing on the left side of the person above the heart.
§4. Congress and state legislatures shall have the power to enforce this article by appropriate legislation, which shall be irrevocable.