US: The United States Senate has failed by one vote to approve a constitutional amendment that would allow Congress to ban the burning or desecration of the American flag.
The Senate, which describes itself as the world's greatest deliberative body, cleared its agenda of such issues as the Iraq war, nuclear stand-offs with Iran and North Korea, immigration reform and the rebuilding of New Orleans for two days to discuss an offence that pro-flag activists admit is extremely rare.
In fact, the Citizens Flag Alliance, which backed the constitutional amendment, says there were just four flag desecration incidents this year - one for each day of the Senate debate. Last year there were three.
"There have been only seven acts of flag desecration annually in America in the last six years, so to argue that we have this growing trend toward desecration and burning our flag defies the facts. In fact, it rarely, if ever, happens. And so why are we about to change the handiwork and fine contribution to America of Thomas Jefferson?" said Illinois Democrat Richard Durbin.
Flag burning was banned in 48 states until 1989, when the supreme court ruled that flag desecration was an expression of free speech and banning it was unconstitutional. Pennsylvania Republican Arlen Specter, chairman of the Senate judiciary committee, said that flag burning was not speech, and therefore the proposed amendment would not take away anyone's First Amendment rights. "Flag burning is a form of expression that's spiteful, designed to antagonise, and not intended to persuade," he said.
Invoking the military service of his father, his brother and his brother-in-law, as well as his own service in Korea, Mr Specter said the flag was a symbol of military sacrifice.
"I think of the flag as a symbol of what veterans fought for, what they sustained wounds for, what they sustained loss of limbs for and what they sustained loss of life for," he said.
Senate majority leader Bill Frist issued a press release declaring his devotion to the flag.
"Ever since the Boy Scouts first taught me how to care for our flag over 40 years ago, it has always held a special place in my heart," he said.
Meanwhile, Mr Specter said he is "seriously considering" filing legislation to allow Congress to sue President George Bush over his use of signing statements to reserve the right to bypass laws. Mr Bush has attached statements challenging the constitutionality of more than 750 laws he has signed, including a measure banning US personnel from using torture anywhere in the world.
Mr Specter said that, if Congress had the power to sue Mr Bush, the supreme court could determine if the president's objections are valid under the constitution.
"There is a sense that the president has taken the signing statements far beyond the customary purviews. There's a real issue here as to whether the president may, in effect, cherry-pick the provisions he likes, excluding the provisions he doesn't like."