"Unfortunately a Constitutional amendment that would have empowered Congress to make desecration of the United States flag illegal failed to pass by one vote"
About this Quote
The specific intent is twofold. First, it signals allegiance to a familiar symbolic politics: the flag as a stand-in for the nation itself, and offense at its treatment as proof of patriotism. Second, it shifts blame from the proposal’s content to the math of the vote count. If it failed “by one,” then the country was almost unified; dissent becomes a technicality, not a principled defense of the First Amendment.
The subtext is sharper. Flag-desecration amendments don’t merely criminalize an act; they attempt to carve out an exception to modern free-speech doctrine, especially after the Supreme Court’s decisions in Texas v. Johnson (1989) and U.S. v. Eichman (1990), which held that burning the flag as political protest is protected expression. By emphasizing empowerment of Congress, Marchant implies that lawmakers are the proper arbiters of patriotism and acceptable dissent. The emotional pitch is deliberate: offense is treated as injury, and injury as justification for criminal law.
Contextually, this rhetoric thrives in moments when leaders want a clean cultural dividing line. The flag becomes less a shared symbol than a loyalty test, and the Constitution becomes something to be “fixed” when it protects the wrong people expressing the wrong kind of anger.
Quote Details
| Topic | Freedom |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Marchant, Kenny. (2026, January 15). Unfortunately a Constitutional amendment that would have empowered Congress to make desecration of the United States flag illegal failed to pass by one vote. FixQuotes. https://fixquotes.com/quotes/unfortunately-a-constitutional-amendment-that-152553/
Chicago Style
Marchant, Kenny. "Unfortunately a Constitutional amendment that would have empowered Congress to make desecration of the United States flag illegal failed to pass by one vote." FixQuotes. January 15, 2026. https://fixquotes.com/quotes/unfortunately-a-constitutional-amendment-that-152553/.
MLA Style (9th ed.)
"Unfortunately a Constitutional amendment that would have empowered Congress to make desecration of the United States flag illegal failed to pass by one vote." FixQuotes, 15 Jan. 2026, https://fixquotes.com/quotes/unfortunately-a-constitutional-amendment-that-152553/. Accessed 12 Feb. 2026.




