(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Constitutional Amendment - Grants Congress power to prohibit the physical desecration of the U.S. flag.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 10 Introduced in House (IH)]
109th CONGRESS
1st Session
H. J. RES. 10
Proposing an amendment to the Constitution of the United States
authorizing the Congress to prohibit the physical desecration of the
flag of the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2005
Mr. Cunningham (for himself, Mr. Murtha, Mr. Bartlett of Maryland, Mr.
Bass, Mr. Boehlert, Mr. Buyer, Mr. Crowley, Mr. Davis of Tennessee, Mr.
Doolittle, Mr. Ferguson, Mr. Garrett of New Jersey, Mr. Goode, Mr.
Hefley, Mr. Holden, Mr. Issa, Mrs. Johnson of Connecticut, Mr. Kennedy
of Minnesota, Mr. King of Iowa, Mr. McIntyre, Mr. Menendez, Mr. Pitts,
Mr. Ramstad, Mr. Rogers of Michigan, Mr. Simmons, Mr. Smith of Texas,
Mr. Tancredo, Mr. Taylor of North Carolina, Mr. Taylor of Mississippi,
Mr. Wamp, Mr. Wicker, Mr. Wilson of South Carolina, Mr. McCaul of
Texas, Mrs. Jo Ann Davis of Virginia, Mr. Hunter, Mrs. Cubin, Mr.
Knollenberg, Mr. Mollohan, Mr. McHugh, Mr. Wolf, Mr. Otter, Mr. Royce,
Mr. Green of Wisconsin, Mrs. McCarthy, Mr. Gibbons, Mr. Hastings of
Washington, Mr. McGovern, Mr. Terry, and Mr. Bradley of New Hampshire)
introduced the following resolution; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States
authorizing the Congress to prohibit the physical desecration of the
flag of the United States.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled
(two-thirds of each House concurring therein), That the following
article is proposed as an amendment to the Constitution of the United
States, which shall be valid to all intents and purposes as part of the
Constitution when ratified by the legislatures of three-fourths of the
several States within seven years after the date of its submission for
ratification:
``Article --
``The Congress shall have power to prohibit the physical
desecration of the flag of the United States.''.
<all>
Considered under the provisions of rule H. Res. 330. (consideration: CR H4904-4928)
Rule provides for consideration of H.J. Res. 10 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. During consideration of H.J. Res. 10 pursuant to H. Res. 330, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the joint resolution to a time designated by the Speaker.
DEBATE - The House proceeded with two hours of debate on H.J. Res. 10.
DEBATE - Pursuant to the provisions of H. Res. 330, the House proceeded with one hour of debate on the Watt amendment in the nature of a substitute.
Mr. Taylor (MS) moved to recommit with instructions to Judiciary.
Mr. Sensenbrenner raised a point of order against the motion to recommit with instructions. Mr. Sensenbrenner stated that the instructions contained in the motion to recommit with instructions were not germane to the joint resolution. Sustained by the Chair.
Point of order sustained against the motion to recommit with instructions.
Mr. Taylor (MS) appealed the ruling of the chair. The question was then put on sustaining the ruling of the chair.
By voice vote, the Chair announced that the noes had prevailed on the motion to appeal the ruling of the chair.
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Mr. Sensenbrenner moved to table appeal of the ruling of the Chair.
On motion to table appeal of the ruling of the Chair Agreed to by recorded vote: 222 - 194 (Roll no. 294).
Roll Call #294 (House)Mr. Taylor (MS) moved to recommit with instructions to Judiciary. (consideration: CR H4924-4925; text: CR H4924)
Mr. Sensenbrenner raised a point of order against the motion to recommit with instructions. Mr. Sensenbrenner stated that the instructions contained in the motion to recommit seek to add an amendment which is not germane. Sustained by the Chair.
Point of order sustained against the motion to recommit with instructions.
Mr. Taylor (MS) appealed the ruling of the chair. The question was then put on sustaining the ruling of the chair.
Mr. Sensenbrenner moved table the appeal of the ruling of the Chair.
On motion table the appeal of the ruling of the Chair Agreed to by recorded vote: 222 - 190 (Roll no. 295).
Roll Call #295 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: (2/3 required): 286 - 130 (Roll no. 296).(text: CR H4904)
Roll Call #296 (House)On passage Passed by the Yeas and Nays: (2/3 required): 286 - 130 (Roll no. 296). (text: CR H4904)
Roll Call #296 (House)Motion to reconsider laid on the table Agreed to without objection.