Session of 1998
House Concurrent Resolution No. 5053
By Representatives McCreary, Ballou, Beggs, Campbell,
Carmody,
Compton,
Cook, Cox, Dahl, Dillon, Dreher, Edmonds, Empson, Fa-
ber,
Farmer, Feuerborn, Flower, Franklin, Freeborn, Geringer, Gil-
more,
Glasscock, Gregory, Hayzlett, Howell, Huff, Humerickhouse,
Hutchins,
Kejr, Landwehr, P. Long, Mason, Mayans, Mays, Mollen-
kamp,
Morrison, Myers, Neufeld, O'Connor, O'Neal, Osborne,
Packer,
Palmer, J. Peterson, Pottorff, Powell, Powers, Presta, Ray,
Schwartz,
Shore, Showalter, Shultz, Stone, Swenson, Tanner, Thi-
mesch,
Tomlinson, Toplikar, Vickrey, Vining, Wagle, Wilk and Wilson
3-25
17
A CONCURRENT RESOLUTION memorializing the Senate of
the U.S.
18 Congress to pass H.J.
Res. 54, proposing an amendment to the Con-
19 stitution of the
United States authorizing Congress to prohibit the
20 physical desecration
of the flag of the United States.
21
22 WHEREAS, Millions of
Americans hold the American flag in deep
23 reverence, as evidenced by the fact that
flag desecration was prohibited
24 by an act of Congress and by the laws of 48
of the 50 states; and
25 WHEREAS, The United
States Supreme Court has held that the
26 burning of the American flag is a protected
form of free speech under
27 the First Amendment of the United States
Constitution; and
28 WHEREAS, The American
flag symbolizes the ideas of liberty and
29 equality and what our nation is and what it
values. No other American
30 symbol has been as universally honored as
the American flag; and
31 WHEREAS, The American
flag has served as a rallying force for
32 American fighting men from Yorktown to the
Persian Gulf; and
33 WHEREAS, Kansans find
the desecration of the American flag to be
34 highly offensive and are appalled by the
Supreme Court's decision allow-
35 ing this type of repugnant behavior;
and
36 WHEREAS, More than 500
Kansas veteran, fraternal and civic organ-
37 izations have joined many city and county
bodies of government in signing
38 resolutions calling upon the Kansas
Legislature to approve a resolution
39 memorializing the Congress of the United
States to propose a Constitu-
40 tional Amendment prohibiting the physical
desecration of the flag of the
41 United States; and
42 WHEREAS, Kansans believe
that the right to express displeasure with
43 government is a cherished right protected
by the First Amendment. How-
HCR 5053
2
1 ever, Kansans believe that the
desecration of the American flag is an
2 atrocious act which should be
prohibited; and
3 WHEREAS, H.J. Res.
54, which proposes an amendment which when
4 ratified would give Congress the
power to prohibit the physical desecra-
5 tion of the flag of the United
States, has been passed by the U.S. House
6 of Representatives: Now,
therefore,
7 Be it resolved by
the House of Representatives of the State of Kansas,
8 the Senate concurring
therein: That the Legislature memorialize the
9 Congress of the United States to pass
H.J. Res. 54 proposing an amend-
10 ment to the United States Constitution, for
ratification by the states, spec-
11 ifying that Congress shall have the power
to prohibit the physical dese-
12 cration of the flag of the United States;
and
13 Be it further
resolved: That the Secretary of State be directed to
send
14 enrolled copies of this resolution to the
Speaker of the United States
15 House of Representatives, the President of
the United States Senate and
16 all members of the congressional delegation
from the State of Kansas.
17