Senate to Vote on Flag Amendment

The Senate Judiciary Committee gave a nod Thursday to a constitutional amendment to protect the American flag from desecration, moving it to the Senate floor, where both sides say it could be within one vote of passing.

The vote was 11 to 7. Majority Leader Bill Frist (R-Tenn.) has said the measure will get a Senate vote this month.

The amendment’s substance and timing, between Flag Day and July Fourth, are designed to appeal to veterans during this year of midterm elections.

“The Congress shall have power to prohibit the physical desecration of the flag of the United States,” the amendment reads. To become the Constitution’s 28th amendment, the language must be approved by two-thirds of those present in each chamber, then ratified within seven years by at least 38 state legislatures.

The House a year ago passed the bill 286 to 130, more than the required two-thirds of those present to pass. Vote counters on both sides say the amendment has commitments of support from 66 senators, one fewer than the required 67 votes if all 100 members are present.