mr. speaker , i yield myself such time as i may consume . 
mr. speaker , i rise today in support of house joint resolution 10 , which would amend the constitution to grant congress the authority to prohibit the physical desecration of the american flag . 
mr. speaker , the american flag represents the shared history and common future of all americans and our collective commitment to the preservation of the ideals enshrined in our constitution . 
the flag flies proudly in times of peace and war , prosperity and crisis , reminding the world of our unflinching resolve to protect the freedom and equality it symbolizes . 
in the early days of the republic through contemporary times , the flag has rallied and sustained the spirit of the nation . 
in world war ii , it was carried onto normandy beach by soldiers who liberated a continent from darkness , and raised on iwo jima to steel the resolve of embattled marines . 
during the cold war , it affirmed the universal values of human freedom and dignity for citizens of countries whose governments ignored both . 
following the attacks of september 11 , 2001 , the flag was unfurled at the pentagon and raised from the rubble at ground zero to unify the spirit of a shaken nation . 
unique among all american symbols , the flag captures the pride and spirit of the american people and serves as an international symbol of freedom and opportunity . 
for the first two centuries of our constitution 's existence , it was permissible to protect america 's preeminent symbol from desecration . 
in 1989 , the federal government and 48 states had exercised this authority . 
however , in the same year , a closely divided supreme court invalidated those laws by holding that burning an american flag as part of a political demonstration was protected by the first amendment . 
the congress quickly responded to this decision , but the following year in another 5 to 4 decision , the court struck down the federal flag protection act in united states v. eichman . 
since 1994 , over 119 incidents of flag desecration have been reported , and the flag of the united states remains vulnerable . 
mr. speaker , the framers of the constitution recognized that there would be circumstances necessitating changes to the constitution . 
toward that end , they provided the people with an amendment process embodied in article v of the constitution . 
the founders recognized that the constitutional amendment process is absolutely vital to maintaining the democratic legitimacy upon which republican self-government rests . 
while our courts have the authority to interpret the constitution , under our system of government , the american people should and must have the ultimate authority to amend it . 
as a result , house joint resolution 10 does not upset the doctrine of judicial review . 
rather , it utilizes a remedy envisioned by the founders to effectuate the will of the people . 
moreover , house joint resolution 10 will not prohibit flag desecration . 
rather , should the states ratify the amendment , it will enable congress to enact legislation to establish boundaries within which such conduct may be prohibited . 
the amendment process is one that should not be taken lightly . 
however , because of the narrowly divided johnson and eichman supreme court decisions , the constitutional amendment provides the only remaining option for the american people and their elected representatives to restore protection to our nation 's preeminent symbol . 
in december 1792 , james madison asked a question : `` who are the best keepers of the people 's liberty ? 
`` while it might come as a surprise to some , he did not answer the supreme court . 
rather , mr. madison answered , `` the people themselves . 
the sacred trust can be nowhere so safe as in the hands most interested in preserving it. '' all 50 state legislatures have passed resolutions calling on congress to pass a flag protection amendment , and polls demonstrate the overwhelming majority of americans have consistently supported a flag protection amendment . 
language identical to house joint resolution 10 has passed the house on four separate occasions . 
the congress must act with bipartisan dispatch to ensure that this issue is returned to the hands of those most interested in preserving freedom , the people themselves . 
mr. speaker , the flag of the united states is a critical part of america 's civic identity . 
millions of americans , including we as members of congress , pledge daily allegiance to the flag , and our national anthem pays homage to it . 
america 's soldiers salute the flag of the united states in times of peace , and generations of america 's soldiers have fought and died for it in times of war . 
i urge my colleagues to join me in supporting this important measure that provides this unique and sacred american symbol with the dignity and protection it deserves and demands . 
pass the resolution . 
mr. speaker , i reserve the balance of my time . 
