Law & Legal & Attorney Politics

What Is the Importance of USA Flag?

    History

    • When the Declaration of Independence was signed on July 4, 1776, the United States lacked a flag around which its revolutionaries and patriots could rally. The Grand Union Flag, used by George Washington in the American Revolutionary War, was used as a template by the Second Continental Congress on June 14, 1777, authorizing the U.S. flag to have "thirteen stripes, alternate red and white ... union [of] thirteen stars, white in a blue field, representing a new Constellation." Legend has it that Betsy Ross designed the flag herself, but little real historical evidence supports this folklore.

    Evolution

    • As states joined the Union, new stars were added to the blue union field--as on May 1, 1795 when two stars were added to reflect the entry of Vermont and Kentucky. Each time new states have been added, the layout of the stars has changed in pattern in order to accommodate all stars neatly or evenly. In the event that Puerto Rico, Guam, or other states are admitted into the Union, the U.S. Army Institute of Heraldry has already proposed flags with as many as 56 stars.

    Symbolism

    • The design of the United States flag is mandated by law under 4 USC § 1 and 4 USC § 2, governing the hoist (width), fly (length) and diameters of all stripes, fields, stars and flags. Popular culture holds that the colors symbolize distinctive national attributes: red for the blood spilled in freedom; white for the courage to pursue liberty; and blue for the resolve to be independent and united. Officially, however, the 13 stripes represent the Thirteen Original Colonies that seceded from the British Crown (borrowed from the flag of the Sons of Liberty) and the color scheme was adopted from the Union Jack of Great Britain and the Flags of the American Colonies.

    Etiquette

    • Displaying and using the flag is governed by the United States Flag Code, a set of rules and regulations that outline everything from how the flag should be flown to where it can be shown. For example, the flag cannot touch the ground, if flown at night it must be illuminated, and it cannot be used for temporary advertising, although in the final case many companies flout this regulation with impunity. Also, while not articulated anywhere in writing, flying the flag at half-staff is considered a sign of respect or mourning and, on a national scale, can be declared by the president or on a state-wide or regional-scale can be declared by a governor.

    Controversy

    • Though the United States Flag Code is a law, it is not widely enforced and it is generally believed that enforcing rules on how the flag should be treated or used would violate the First Amendment right to freedom of speech. Nevertheless, proposed legislation and constitutional amendments to regulate the use and display of the Flag--such as the Flag Desecration Amendment, which would ban soiling or burning the flag--would overrule existing case law and legal precedent.

    Other Uses

    • The United States flag is used extensively in military funerals as well as those of respected civil servants. Draped over the deceased's casket during ceremonies, it is removed prior to interment and ceremonially folded and offered as a gift to the next of kin. There are widespread theories about how the flag can or should be folded during these ceremonies, but these largely do not have any significance and are usually only carried out for the convenience of displaying personnel.

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