and would have voted no if vote was necessary to defeat it.
Why the Flag-burning Ban Failed
Though advocates tried to turn one more senator, Republican Mitch McConnell's side prevailed
By MASSIMO CALABRESI/WASHINGTON
Posted Tuesday, Jun. 27, 2006
One of the last major accomplishments of Randy "Duke" Cunningham before the Republican Congressman was jailed for taking $2.4 million in bribes was to sponsor an amendment to the 217-year-old Constitution of the United States. The amendment, which would have given Congress the power to outlaw "desecration" of the flag, cleared the required two-thirds majority in the House last year and Tuesday evening the Senate put the amendment to a vote. Both sides in the battle said during the run up to the vote that supporters were one vote short of the 67 required for Congressional passage — and despite a late push to flip one more Senator, the Amendment did indeed fail, 66-34.
Of all the 34 Senators the amendment's supporters wish they had had on their side, Mitch McConnell is surely the top of their list. McConnell, the Senate Republican Whip, is normally in charge of herding the GOP agenda through the Senate. On this issue, though, with the thinnest of margins, the conservative Kentuckian has been on the other side of the wire.
McConnell took a classically conservative position on the amendment. He argued that Senators have to make a choice: protect the flag, which is a symbol of freedom, or protect the constitution, which is the literal source of American freedoms. In a recent editorial, McConnell wrote, "The First Amendment, which protects our freedom of speech, is the most precious part of the Bill of Rights. As disgusting as the ideas expressed by those who would burn the flag are, they remain protected by the First Amendment."....
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...McConnell didn't bend, so amendment supporters were forced to target centrist Democrats in the hope of making up their one-vote deficit. But none of the ones they were eyeing — Mark Pryor of Arkansas, Kent Conrad of North Dakota and Maria Cantwell of Washington — flipped. Even if they could have gotten one of them to change his or her position, it might not have mattered. Senate Republican aides believe that as many as a dozen self-proclaimed amendment supporters privately opposed the flag burning amendment and were only supporting it for political gain. If the Amendment were to have actually passed, the aides predicted, those same politicians would have voted their conscience, dooming the flag-burning amendment on the Senate floor....
http://www.time.com/time/nation/article/0,8599,1208509,00.html?cnn=yes