Forcing faith is what Dictators do!

Here is the link to my article that was published in the Courier-Journal. It is published below in its entirety.

"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion or force citizens to confess by word or act their faith therein." -- Justice Robert Jackson in Virginia Board of Education v Barnette (1943).


As a citizen and Patriot who immigrated to America alone as a teen over 26 years ago, I, too, love my country and would not burn its flag. However, those like Heather French Henry who insist on a constitutional amendment to punish the misguided few flag burners are elevating form (the symbolic flag) over substance (the Constitution) and attempting to use a constitutional "missile" to crush offensive flag-burning "gnats."

We must, therefore, heed the Court's admonition about forcing faith. Only dictatorships and oppressive regimes, such as Saddam Hussein's former Iraqi regime and North Korea, delight in doing so. And we ought not to join their ignominious company!

So while I admire Mrs. Henry's "activism" on the flag burning issue, as reported in the Courier-Journal article of June 30, entitled Henry recounts record, reasons for her activism, I must disagree with some of her comments:

(1) Contrary to her assertions contained in her letter to Editor, the U. S. Supreme Court did not "re-interpret the Constitution's definition of speech … to fit their political agenda." There was never a previous interpretation by the Court regarding flag burning as it relates to the first amendment to “re-interpret”, and the Court's members, who do not have to run for office, have no political agenda.
(2) The 14th Amendment corrected the Court in the Dred Scott case to give to black people protection mentioned by the drafters of the Constitution. There is no corollary mention of the flag by those same drafters.
(3) Mrs. Henry’s quotation of Abraham Lincoln recognized the revocability of Supreme Court opinions. This merely suggests that pro-amendment folks need to convince the Court to change its mind on this issue, rather than to seek constitutional amendment.
(4) It is illegal to burn the dollar (which incidentally is a more widely recognized American symbol around the world than our flag!) because it is government property. A flag belongs to its owner who purchased the same.
(5) Reciting the pledge of allegiance is not a binding contract; consideration may be lacking if not inadequate. Rather, the act is based on faith.

Thus, there is no reason to question the priorities of our leaders, such as Sen. Mitch McConnell, as Henry does, when they vote to protect our Constitution from those who would use it for political expediency in an election year.