Daines Proposes Constitutional Amendment to Ban Flag Desecration

WASHINGTON D.C. — Senator Steve Daines has introduced a constitutional amendment that would give Congress the power to prohibit the physical desecration of the American flag, marking his ninth consecutive year proposing such legislation.

The Montana Republican announced the measure on June 13, describing it as necessary to protect “the ultimate symbol of our nation” from acts of desecration that he says dishonor military veterans and the values the flag represents.

The Amendment Proposal

Daines’ constitutional amendment would grant Congress the authority to enact laws prohibiting the physical desecration of the American flag. The proposed amendment states simply: “The Congress shall have power to prohibit the physical desecration of the flag of the United States.”

A companion measure was introduced in the House by Representative Steve Womack (R-Ark.), who co-authored an op-ed with Daines defending the proposal. The amendment comes as Daines continues his annual tradition of introducing this legislation, which he has done every year since 2017.

“Our flag is the ultimate symbol of our nation, and those who have served our country have fought to defend what it represents,” Daines said in a statement. “It is appalling that there are those who find it appropriate to burn our flag, and this amendment would give Congress the power to stop this shameful act.”

Arguments for the Amendment

In a joint op-ed published in the Daily Caller on June 14, Daines and Womack outlined their case for the constitutional amendment, emphasizing the flag’s historical significance and recent incidents of flag burning.

The lawmakers pointed to what they described as a troubling pattern of flag desecration, writing: “Unfortunately, we have seen a disturbing trend of the American flag being burned and desecrated across our nation. From college campuses to city streets, protesters have chosen to burn our flag as a form of protest.”

Daines and Womack argued that the flag represents the sacrifices made by American servicemembers throughout history. “The flag has flown over battlefields where American heroes have made the ultimate sacrifice,” they wrote. “It has been planted on foreign soil as a symbol of liberation and hope. It has been draped over the coffins of our fallen heroes as they were laid to rest.”

The op-ed also referenced the historical context of flag protection, noting that Congress passed the Flag Protection Act in 1989, which was later struck down by the Supreme Court in Texas v. Johnson (1989). The Court ruled that flag burning constitutes symbolic speech protected under the First Amendment.

Legislative Path and Challenges

The proposed constitutional amendment faces significant procedural and political hurdles. Constitutional amendments require approval from two-thirds of both houses of Congress, followed by ratification from three-fourths of state legislatures—a deliberately high bar that reflects the founders’ intent to make constitutional changes difficult to achieve.

The amendment includes a seven-year ratification deadline, meaning states would have until 2032 to approve the measure if it passes Congress.

Previous attempts at flag protection amendments have failed to gain the necessary support in Congress, with opponents arguing that such measures would infringe on First Amendment protections for symbolic speech and political expression.

Daines’ Consistent Advocacy

This marks Daines’ latest attempt to advance flag protection legislation. He has consistently introduced similar measures since joining the Senate, positioning himself as a leading advocate for constitutional protection of the American flag.

The senator’s persistence on this issue reflects both his personal convictions about flag respect and his appeal to Montana voters who may view flag burning as unpatriotic. However, the measure’s chances of clearing the high constitutional amendment threshold remain uncertain, particularly given past failures of similar proposals.