Flag Desecration Study Guide .7
A: Selected Presidents (pp. 827-829)
Lyndon B. Johnson (D), responsible for Gulf of Tonkin Resolution (control
N. Vietnam aggression); elected to one
term; did not run for
re-election.
Richard Nixon (R), ended U.S. involvement in the Vietnam War;
elected to two terms.
George Bush (R), incumbent president defeated for a second term; passage
of flag laws started.
The act of flag desecration (dishonoring the American flag
in any way) started during the Vietnam War.
President Nixon (R) further increased U.S. strength in Vietnam and then
ended the United States’ involvement there.
During the Vietnam War, flag burning was the most common form of flag
desecration. It was used to protest
America’s involvement in Vietnam. Other
forms of protest that were used were marches, rallies, and violence. Flag
desecration, marches, and rallies were not illegal at the time of the Vietnam
War. The passage of laws to protect
United States flags started under President Bush, Sr.
QUESTIONS:
A1. Who is the only president above that is a Democrat?
A2. Who requested Congress to pass the Gulf of
Tonkin Resolution?
A3. Which presidents listed above are
Republicans?
A4. Who ended U.S. involvement in the Vietnam
War?
A5. Who is the only incumbent president listed above defeated for a second term?
A6. Who was president when the passage of flag
laws started?
B1: Court Terms (p. 816, 820)
Flag desecration became illegal around the time that the Berlin Wall fell in 1989. Everything started with a man named Gregory “Joey” Johnson, who had protested nuclear war at the Republican National Convention in 1984 by burning a flag. He wanted to show that he did not support the nomination of President Ronald Reagan (R) for a second term. He was arrested in Texas and later convicted by a state court.
· state court: interprets that state’s laws; does not interpret federal laws
· acquittal: the defendant is not found guilty
· conviction: the defendant is found guilty
Johnson was very angry about being convicted, so he appealed to higher courts. His case finally made its way to the highest court in the United States, the U.S. Supreme Court. The U.S. Supreme Court is part of the federal court system. It is not part of the state court system. The state court system is a separate system found in each state. Johnson had already been tried in Texas’ courts.
·
appeal: to
request that a higher court change the decision of a lower court
·
U.S.
Supreme Court: interprets federal laws and is limited in power by the U.S. Constitution
·
state
court: interprets state laws and is limited in power by the U.S.
Constitution and that
state’s
own constitution
QUESTIONS:
B1. In what year did the Berlin Wall fall?
B2. What kind of court was Gregory Johnson convicted by?
B3. What term describes a defendant being found guilty?
B4. What kind of laws does a state court interpret?
B5. Does a state court interpret federal laws?
B6. To request that a higher court change the decision of a lower court is to do what?
B7. What is the highest court in the United States?
B8. What kind of laws does the U.S. Supreme Court interpret?
B9. The U.S. Supreme Court is part of what court system?
B10. What is a state court limited by?
B2: Court Terms (p. 816, 820)
Gregory Johnson’s U.S. Supreme Court case was called Texas v. Johnson. In this case, Texas was the plaintiff and Johnson was the defendant. After serious consideration, Johnson’s
conviction was overturned, based on the First Amendment of the U. S.
Constitution.
QUESTIONS:
B11. Who files a complaint against the defendant?
B12. In criminal cases, who is the party accused of a crime?
C: The First Amendment (p. 821)
In Texas v.
Johnson, the Supreme Court upheld the First Amendment, which is sometimes
considered to be the cornerstone of democracy.
The First Amendment protects the
freedom of speech and religion. It is
part of the Bill of Rights. The Bill
of Rights is the first ten amendments to the U.S. Constitution. The First Amendment is important in relation
to flag burning.
This amendment was also the basis for the decision in the New York Times v. U.S. Supreme Court case, also called the “Pentagon Papers Case.” This case prohibited censorship of the press.
QUESTIONS:
C1. Which amendment protects the freedom of
speech and religion?
C2. Which amendment is sometimes considered to
be the cornerstone of democracy?
C3. What is the First Amendment part of?
C4. What is the term for the first ten
amendments to the U.S. Constitution?
C5. The First Amendment was also the basis for
the decision in which other court case?
C6. What is another name for the New York Times v. U.S. court case?
C7. What did the “Pentagon Papers Case”
prohibit?
D: Who Wanted What Change to Protect U. S. Flags? (p. 814)
After Gregory Johnson’s
Supreme Court case, President George Bush, Sr. (R) announced that he favored an
amendment (not a bill) to make flag
desecration illegal. An amendment
is a change made to the Constitution.
It is easier to overturn a bill than an amendment. Therefore, Democrats helped propose the Flag
Protection Act (a bill, that is a proposed law) to Congress instead of an
amendment. The Democrats took the
lesser of the two evils. Democrats did
not really want a bill, but they wanted an amendment even less. The Democrats’ position was the opposite of
Bush’s position.
|
BILL |
AMENDMENT |
Democrats
|
YES |
NO |
Geo. Bush, Sr. (r) |
NO |
YES |
QUESTIONS:
D1. What did Bush, Sr. want to have to make
flag desecration illegal?
D2. What is the term for a change made to the
Constitution?
D3. Is it easier to overturn a bill or an
amendment?
D4. Which political party helped propose a flag
desecration bill to Congress?
D5. Were the Democrats’ position the same or
the opposite of Bush’s position?
E: Congress (p. 814 and 838)
Before the Flag
Protection Act could become a law, it had to pass through the legislative and
executive branches of the government.
All bills go through this process.
First, a bill must go through both
houses of Congress. The two houses
(chambers) of Congress are the House of Representatives and the Senate. Congress is in the legislative branch at the federal level.
CHAMBER
OF CONGRESS |
TITLES
OF
MEMBERS |
NUMBER
OF
MEMBERS |
BASIS OF
SELECTINGMEMBERS
|
TERM
LENGTH |
AREASERVED BYMEMBERS |
U.S.
House of Representatives |
Representatives (Congresspeople) |
435 |
State population (1 guaranteed) |
2 years |
Congressional District (CD) |
U.S. Senate |
U.S. Senators |
100 |
Two per state (guaranteed) |
6 years |
entire state |
QUESTIONS:
E1. When becoming a law, which branches of
government must a bill pass through?
E2. What are the two houses of Congress called?
E3. In which branch of government is Congress (executive, legislative,
judicial)?
E4. In which level of government is Congress (federal, state, or local)?
E5. How many members are in the House of
Representatives?
E6. What is the basis of selecting Representatives?
E7. How long is a Representative’s term?
E8. What is a Representative’s area called?
E9. How many members are in the U. S. Senate?
E10. What is the basis
of selecting U. S. Senators?
E11. How long is a U. S. Senator’s term?
E12. What area does a U. S. Senator’s serve?
F: How A Bill Becomes A Law (p. 815; Ross, p. 124F)
A bill can be proposed
in either house of Congress. BUT, tax
and spending bills may only
originate in the House of Representatives.
If the bill starts in the House of Representatives, then it will pass
through the House Rules Committee and other House standing committees. If the bill starts in the Senate, it will
advance through the Senate’s standing committees. The Senate does not have a Rules Committee.
Each house has standing
committees. Standing committees
are permanent and deal with separate subject matter. Each standing committee has only
Representatives or only
Senators. After the bill has been
discussed in each part of Congress, it often
goes on to a conference committee.
A conference committee is made up of members from both houses. These members work out any differences that the House of
Representatives and Senate have.
QUESTIONS:
F1. How many houses of Congress can a bill be
proposed in?
F2. What kinds of bills can only originate in the House of
Representatives?
F3. Which house of Congress has a Rules
Committee?
F4. Which houses have standing committees?
F5. What is a standing committee?
F6. Which committees has only Representatives or only
Senators?
F7. Where does a bill go after it has been
discussed in each chamber of Congress?
F8. What is a conference committee?
F9. Can a conference committee have members
from both houses of Congress?
F10. What do conference
committee members do?
G: The Executive Branch (p. 823 and 838)
In the last step of the
lawmaking process, the bill goes to President, the head of the executive branch
of the government. The President and
the other people who work in the White House and other parts of the bureaucracy
make up the Executive Branch at the federal level. When the bill is sent to the White House, the President has two
choices: he can do something, or do
nothing. The President must decide to
act or not within 10 days.
President Bush, Sr. (R)
chose not to sign the Flag
Protection Act (a bill). Congress then
decided to override this bill to become law without the
president’s signature. It became a law
in 1989, the same year that the Berlin Wall fell. The fall of the Berlin Wall signified the end of the Cold War.
If the President…
A.
Signs the bill à bill becomes a law
B.
Returns the bill to Congress (veto) à Congress can override the
veto by a 2/3 vote
(to override a veto requires a 2/3
majority from both chambers)
C.
Waits 10 days
(Congress is in session) à bill
becomes a law without the President’s signature
D.
Waits 10 days
(Congress is not in session) à pocket veto is sent to the
President
(a pocket veto cannot be
overridden by Congress)
QUESTIONS:
G1. Who receives a bill in the last step of the lawmaking process?
G2. How much time does a president have to
decide whether to act or not?
G3. What did the fall of the Berlin Wall
signify?
G4. If the President signs a bill, what happens
to the bill?
G5. If the President vetoes the bill, who can
override the decision?
G6. What happens if the bill is not signed
within 10 days and Congress is in
session?
G7. What happens if the bill is not signed
within 10 days and Congress is not
in session?
G8. Can a pocket veto be overridden by
Congress?
H1: Interest Groups (p. 811, 812)
Many people were angered
when Congress passed the Flag Protection Act.
At twelve o’clock midnight on the day that the law went into effect,
hundreds of people rebelled. Vietnam
War veterans burned flags, students demonstrated, and fights broke out. Several committees were formed to help stop
flag desecration laws. The Emergency
Committee to Stop the Flag Amendment and Laws was one of these committees.
Interest groups can also
influence a legislator’s decision on whether or not he will vote on a certain
measure of legislation. An interest
group, or pressure group, is an organization that tries to influence
government actions so that its members will benefit. Interest groups target all branches of government, all levels
of government, and both major political parties.
QUESTIONS:
H1. Whose decisions do interest groups
influence?
H2. What kind of organization tries to
influence government actions so that its members benefit?
H3. What is another term for an interest group?
H4. What is another term for a pressure group?
H5. Which branches of government do interest
groups target?
H6. Which levels of government do interest
groups target?
H7. Which major political parties do interest
groups target?
H2: Interest Groups (p. 811, 812)
The American Civil
Liberties Union is an interest group.
It supports free speech and opposes flag-burning laws and
amendments. Interest groups form
because of legislation (process of making laws) that is going to affect
people’s lives. Flag-burning legislation was started because many people
thought that it was morally wrong to burn a flag.
QUESTIONS:
H8. What is the American Civil Liberties Union?
H9. What is legislation?
H10. What organization
forms because of legislation that is going to affect people’s lives?
J: Lobbying and Public Opinion (p. 812, 813)
Interest groups use
lobbying to influence decisions. Lobbyists
(people hired by interest groups to influence the government) use many
techniques to help their interest groups.
The most common ways to help are:
1.
provide information
to legislators
2.
start or
participate in social movements
3. run for office in order to become
legislators
Most of all, lobbyists
want to sway public opinion. A public
opinion consists of people’s thoughts and opinions on issues that
affect their lives. Public opinion was not in favor of the bill that made
burning a flag illegal. To find out how
the public feels about a certain bill or law, a person can conduct a public
opinion poll.
QUESTIONS:
J1. What is the term used to describe interest group representatives?
J2. What are the three most common ways to help an interest group (used by lobbyists)?
J3. Most of all, what do lobbyists want to sway?
J4. What consists of people’s thoughts and opinions on issues that affect their lives?
J5. What can a person conduct to find out how the public feels about a certain bill or law?
K: Amendments to the Constitution (p. 814)
After interest groups had pressured the government for six months, the United States Supreme Court ruled that the Flag Protection Act was unconstitutional. The Supreme Court uses judicial review to declare that an act passed by Congress is unconstitutional.
Immediately after the Flag Protection Act was declared unconstitutional, a flag protection amendment was proposed to Congress. Congress is the only body allowed to amend (change) the Constitution. The President may not amend the Constitution. There are two ways to enact an amendment. The most common way is to have all three majorities:
1. 2/3 majority in the House of Representatives
2. 2/3 majority in the Senate
3.
3/4 majority of the
state legislatures
QUESTIONS:
K1. What does the Supreme Court use when it declares that an act passed by Congress is unconstitutional?
K2. What is the only body allowed to amend (change) the Constitution?
K3. To enact an amendment, what majority is needed in the House of Representatives?
K4. To enact an amendment, what majority is needed in the Senate?
K5. To enact an amendment, what majority is needed in the state legislatures?
L: Party History (p. 803, 807; Ross p. 273)
Political parties play a large role in the passage of
amendments. If the two major parties can
agree on an amendment, it can be passed.
Below is the history of the two-party system. Each party is a major party.
A major party usually gets people elected into office. A minor party almost never gets people
elected into office. None of the following
are minor parties.
POLITICAL PARTY |
Federalist |
Anti-Federalist |
Democratic |
Republican |
PAST |
first U.S. political party |
Second U.S. political party |
evolved from Anti-Federalist party |
did NOT evolve from Federalist party |
ALSO KNOWN AS |
oldest party that no longer exists |
Democratic-Republican |
oldest party that still exists |
GOP (Grand Old Party) |
POSITION |
wanted the Constitution; got the Constitution |
opposed the Constitution; wanted and got the Bill of Rights |
supports affirmative action; Pro-Choice |
supports school vouchers; Pro-Life |
IMPORTANT MEMBERS |
George Washington, Alexander Hamilton |
Thomas Jefferson, Andrew Jackson |
Franklin D. Roosevelt, Lyndon B. Johnson |
John C. Fremont, Abraham Lincoln |
STATUS |
dead |
Evolved |
exists |
exists |
QUESTIONS:
L1. What kind of party usually gets people
elected into office?
L2. What kind of party almost never gets people
elected into office?
L3. Which political party was the first U.S.
political party?
L4. Which party wanted and got the
Constitution?
L5. Which party did George Washington and
Alexander Hamilton belong to?
L6. What is the status of the Federalist party?
L7. What is another name for the
Anti-Federalist party?
L8. Which party opposed the Constitution?
L9. Which party did Thomas Jefferson and Andrew
Jackson belong to?
L10. Which party evolved
from the Anti-Federalist party?
L11. Which party
supports affirmative action and is Pro-Choice?
L12. Which party did
Franklin D. Roosevelt and Lyndon B. Johnson belong to?
L13. Which party is also
called the GOP?
L14. What does the GOP
stand for?
L15. Which party
supports school vouchers and is Pro-Life?
L16. Which party did
John C. Fremont and Abraham Lincoln belong to?
M: Political Party Cohesion (p. 808; Ross p. 274)
The House of Representatives was able to pass the flag amendment with the necessary 2/3 majority, but the Senate could not achieve the required 2/3 majority of votes. This is because of party loyalty. The Republican party supports flag amendments. The Democratic party opposes flag amendments.
The following table shows the final vote for a recently proposed flag amendment.
1999 Flag Amendment |
Republicans
|
Democrats
|
Independents |
YES |
210 (49%) |
95 (22%) |
0 (0%) |
NO |
10 (2%) |
113 (26%) |
1 (0.2%) |
Republicans tended to “stick together” (have cohesion) when
voting. Almost all Republicans voted in
favor of the flag amendment. However,
Democrats were not as loyal to their party’s view on the flag amendment. Democrats tend to be “ticket-splitters.” A ticket-splitter is a person who
belongs to one party but votes for another party’s candidate or point of
view. For instance, when a Democrat
votes for the Republican nominee, the Democrat is ticket splitting.
The Democratic party has less cohesion than Republicans on this issue. Overall, Republicans are more loyal to their party than Democrats are to their party.
QUESTIONS:
M1. Which political party supports flag
amendments?
M2. Which political party opposes flag
amendments?
M3. Which party tends to “stick together” when
voting?
M4. Which party tends to not be as loyal to
their party’s view on the flag amendment?
M5. Which party members tend to be
“ticket-splitters”?
M6. What is a person doing when he belongs to
one party but votes for another party’s candidate or point of view?
M7. Which party will a ticket-splitter vote for
(his party or another party)?
M8. Which party has less cohesion on the flag
amendment?
M9. Overall, which party receives more loyalty
from its members?
N: Demographic Groups (p. 805; Ross p. 274)
Franklin D. Roosevelt’s
New Deal began after the 1929 stock market crash. At about that time African Americans switched from loyalty to the Republican party to
loyalty to the Democratic party. Since
the New Deal, African Americans have been the most loyal voters of any party.
Democratic party members are most likely going to vote against a flag
burning amendment.
However, for most of its history, the United States has been primarily WASP (White Anglo-Saxon Protestant). This group still makes up the bulk of the voters and political activist groups of both major parties. Even the presidents have all been WASPs, except for John F. Kennedy (D). John F. Kennedy was Catholic.
The following table shows which people will most likely vote Democrat or Republican.
POLITICALPARTY |
INCOME |
OCCUPATION |
EDUCATION |
ETHNICITY |
Democrat
(most likely) |
under $15,000 |
unskilled, “blue collar” |
less formal education |
African American, Asian, Latino, Native American |
Republican
(most likely) |
over $75,000 |
skilled, “white collar” |
more formal education |
white, Caucasian, South-East Asian |
QUESTIONS:
N1. What did Franklin D. Roosevelt begin after
the 1929 stock market crash?
N2. Which racial group switched parties because
of the New Deal?
N3. Which party did this racial group change
to?
N4. What racial group members have been the
most loyal voters of the Democratic party?
N5. What does WASP stand for?
N6. Which party will someone who has an income
under $15,000 most likely vote for?
N7. Which party will someone who has an income
under $75,000 most likely vote for?
N8. Which party will an unskilled, “blue
collar” worker most likely vote for?
N9. Which party will a skilled, “white collar”
worker most likely vote for?
N10. Which party will a
less formally educated person most
likely vote for?
N11. Which party will a
more formally educated person most
likely vote for?
N12. Which party will an
African American, Asian, Latino, or Native American most likely vote for?
N13. Which party will a
white, Caucasian, or South-East Asian most
likely vote for?
O: Today
Congress has tried to pass a flag amendment at least four times since 1989, the same year that the Berlin Wall fell. Every single time the Senate rejected the amendment. This rejection had to do with the opposition of most Democrats as well as some Republicans. Political parties play a large role in the passage of amendments. If the two major parties can agree on an amendment, it can be passed.
To this day, debates continue to be waged over whether we will have a flag amendment some day. The infamous Gregory Johnson, the man who started everything, is now the national spokesperson for the Revolutionary Communist Youth Brigade. He speaks to America’s youth about free speech and the right to burn a flag.
---------------
For a complete history on flag desecration, visit http://www.esquilax.com/flag on the internet.
Visit the ACLU online at http://www.aclu.org for the latest news on Congress and current political issues.
Be sure to visit http://www.indirect.com/www/warren/flag/cartoons.html for some flag-burning cartoons.