2012 Legislative Resolutions Table Of Contents 10/18/12

Transcription

1 2012 Legislative Resolutions Table Of Contents 10/18/12 ENGLISH LANGUAGE BE DECLARED AS THE OFFICIAL UNITED STATES LANGUAGE... 2 STRATEGY TO ADDRESS SOCIAL, ECONOMIC AND POPULATION PROBLEMS RELATED TO ILLEGAL IMMIGRATION... 3 RETURN PATRIOTIC HOLIDAYS TO TRADITIONAL DATES... 7 ENGLISH LANGUAGE BE USED IN NATURALIZATION CEREMONIES... 8 SCHOOL PRAYER... 9 CONSTITUTIONAL AMENDMENT TO PROTECT THE FLAG OF THE UNITED STATES OPPOSE IMPORTATION OF FOREIGN MANUFACTURED AMERICAN FLAGS CONSCIENTIOUS OBJECTORS TAX DIVERSION AMEND THE TEMPORARY PROTECTED STATUS PORTION OF THE IMMIGRATION ACT OF SUPPORT FAIRNESS FOR IMMIGRANT SPOUSES OATH OF RENUNCIATION AND ALLEGIANCE THE BOY SCOUTS OF AMERICA AND THE DEPARTMENT OF DEFENSE THE PLEDGE OF ALLEGIANCE OPPOSE FLAG CODE CHANGE CONDUCT DURING HOISTING, LOWERING OR PASSING OF THE FLAG OR DURING THE NATIONAL ANTHEM ELIMINATE DAMAGES AND ATTORNEY FEES IN ESTABLISHMENT CLAUSE LAWSUITS STAR SPANGLED BANNER FLAG CODE AMENDMENT

2 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 Resolution No: 217 English Language Be Declared As The Official United States Language Department: Illinois WHEREAS, The American Legion is a national organization of veterans who come from many ethnic backgrounds and who have dedicated themselves to the service of the community, state and nation; and WHEREAS, The United States has over its many year history been a haven and in most cases a new home for people from all over the world; and WHEREAS, These Americans, although keeping their ethnic background alive, were urged to take advantage of our free educational system that taught them the English language, American history, and civics; and WHEREAS, Many permanent residents and new citizens, although clinging to their ethnic backgrounds did with pride and determination take advantage of learning English; and WHEREAS, Bilingual programs funded by the Department of Education are designed to teach with the primary instruction in the student s home language, while English is subjected to a secondary status; and WHEREAS, These programs tend to encourage separatism, rather than a unification of purpose; and WHEREAS, There exists alternative bilingual education programs which provide a more efficient transition to proficiency in the English language; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion shall sponsor and encourage legislation which would establish English as the official national language; and, be it finally RESOLVED, That The American Legion urges Congress to encourage and fund alternative bilingual education programs to serve, as was intended, as a short intermediate step to achieve proficiency in the English language. 2

3 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO: 268 Strategy To Address Social, Economic And Population Problems Related To Illegal Immigration COMMITTEE: AMERICANISM WHEREAS, The American Legion, since its inception in 1919, has expressed concern that legal and illegal immigrants arriving in this country in large numbers would be unable to effectively assimilate into our society unless numerical quotas were established and enforced; and WHEREAS, The American Legion s concern is exacerbated by the estimates by immigration reform groups and reports by news sources and others that as many as 10 to 20 million individuals are in this country illegally; and WHEREAS, Numerous authoritative studies have shown that mass immigration has harmed the interests of millions of Americans, including veterans, by undercutting wages and working conditions, increasing welfare costs, overburdening local schools, public health care facilities and other vital social institutions; and WHEREAS, The American Legion has urged the Congress of the United States to adopt an immigration policy that will eliminate social, economic and population problems resulting from our country s failure to secure our nation s borders and to enforce its immigration and employment laws; and WHEREAS, The American Legion is opposed to any amnesty or legalization program, policy or directive that would grant illegal immigrants legal permission to remain in the United States, thereby rewarding them for criminal behavior while penalizing those immigrants following lawful immigration channels and increasing the financial burden on law-abiding taxpayers who would ultimately pay for these services; and WHEREAS, It is universally thought by both proponents and opponents of illegal immigration that immediate deportation by force of all illegal aliens in the United States is not a workable solution to the issue, with estimates for such action totaling perhaps as much as $215 billion over the next five years according to the Center for Immigration Studies, an independent non-partisan 501(c)(3) research think tank devoted exclusively to research and policy analysis of the impacts of immigration on the United States; and WHEREAS, The Center for Immigration Studies reports that as a result of illegal aliens accessing government programs upon being granted amnesty, the costs to government will increase significantly from $10.4 billion a year to $28.8 billion; and WHEREAS, The Center for Immigration Studies, has proposed an alternative to mass deportation or mass legalization of illegals, seeking instead the attrition of the illegal population and efforts to encourage illegal aliens to leave the U.S. of their own accord; and WHEREAS, The Center for Immigration Studies plan, which uses the government s own cost estimates, could cut the illegal population by nearly half in five years with an additional investment of less than $2 billion, or $400 million per year; and 3

4 WHEREAS, The provisions of the Center for Immigration Studies plan have been reviewed by the National Americanism Commission and are determined to be compatible with the provisions of American Legion resolutions on the subject of illegal immigration; and WHEREAS, Few candidates for public office or their political parties address the issue of illegal immigration or express a willingness to take a position either pro or con as to their stand on illegal immigration in the United States because of the likelihood of alienating a significant number of voters in their jurisdiction; and WHEREAS, Americans are becoming increasingly frustrated by what they see as the federal government s reluctance and/or failure to stop this large influx of illegals and the actions by some states to provide taxpayer funded services and other benefits to illegal aliens thus providing additional incentives for more people to enter this country illegally; and WHEREAS, The American Legion has passed numerous resolutions calling for the enforcement and/or reform of the government s immigration laws, policies and procedures and combined many of the positions regarding social, economic and population problems into 2010 National Convention Resolution #302, which concisely stated The American Legion s positions and strategy to resolve this complex matter; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion be unalterably opposed to illegal immigration and oppose legislation that would result in the granting of amnesty and legal residency, in any form or by any name, to illegal immigrants currently in the United States; and, be it further RESOLVED, That The American Legion, on behalf of all Americans and future generations of Americans, urge the Congress and the federal government to authorize and fund the following strategy in addressing the issue of illegal aliens in the United States: 1. Eliminate the jobs magnet and social services benefits: (a) (b) (c) (d) Mandate verification of employment eligibility, Enforce employer sanctions as called for in current employment laws and assess heavy penalties on employers who knowingly hire illegal aliens, Make illegal residents ineligible for Social Security benefits, unemployment compensation, and other government-sponsored public services and public assistance, Eliminate governmental financial aid for illegal alien students; 2. Enforce existing laws and pass new laws to reduce U.S. illegal population: (a) (b) (c) (d) (e) Reject amnesty or legalization programs for illegal aliens, Prohibit eligibility to services offered by financial institutions in the United States, Issue no drivers licenses to illegal aliens, Designate English as the official language of the U.S. government and print all documents, including election ballots, in the English language only, Work with state and local governments to discourage illegal settlement; 3. Revise legal immigration procedures; screen and track foreign visitors legally entering the U.S.: (a) (b) (c) Eliminate the Visa Lottery Program, Restrict the number of countries participating in the Visa Waiver Program, Establish numerical limits for all immigration categories of temporary workers to help prevent labor market distortions and create new visa categories or expand the H-2A and 4

5 (d) H-2B Visa Categories for temporary agricultural and temporary and seasonal workers as necessary to replace illegal workers eliminated from employment opportunities in the U.S., Create and enforce a reporting system to track the whereabouts of foreign visitors to include students at academic institutions, members of a country s diplomatic corps, aircraft and vessel crews, foreign press representatives, exchange visitors, H-1B Workers, L-1 Intracompany Transferees and those individuals categorized as humanitarian entrants; and 4. Hold accountable those employers who knowingly hire illegal aliens, especially those aliens showing suspected fraudulent documents, thus suggesting the possibility that identify theft may have occurred; and 5. Promptly deport to their country of origin those illegal aliens convicted of felonies relating to the use of fraudulent identity documents, especially those of children, in order to obtain employment in the United States; and 6. Assist victims of identify theft perpetuated by illegal aliens by providing the victims with assistance in reclaiming their identity while erasing derogatory information, such as criminal convictions resulting from the misuse of the victim s identity records; and, 7. Make institutions of higher education who fail to cooperate with the federal government in monitoring and tracking foreign students ineligible to receive federal student loan monies benefiting foreign students, and, be it further, RESOLVED, That The American Legion adamantly oppose provisions of any comprehensive immigration reform legislation that grants amnesty or forgiveness to the employers of illegal aliens; and, be it further RESOLVED, That The American Legion opposes any legislation or executive order that would allow illegal aliens and others who are in this country illegally to receive in-state tuition rates, federal or other government education grants and or financial assistance to attend a college or university in the United States; and, be it further RESOLVED, That The American Legion endorses the report by the Center for Immigration Studies (CIS) titled Attrition Through Enforcement A Cost-Effective Strategy to Shrink the Illegal Population and adopts the action as proposed in the report as a portion of its strategy for reform of the U.S. immigration policy; and, be it further RESOLVED, That The American Legion work with CIS to obtain Congressional approval and national acceptance of the plan which includes the following: Mandatory workplace verification of immigration status Measures to curb misuse of Social Security numbers and IRS identification numbers Cooperation between federal, state and local law enforcement officials Increased screening of foreign visitors Increase non-criminal removals through increased interior enforcement Discourage illegal settlement by adopting additional state and local legislation; and, be it further RESOLVED, That The American Legion encourages the United States government to hold respective agency heads accountable in guaranteeing the desired communications and exchanges of technical information concerning the various aspects of the illegal alien issue, and, be it further 5

6 RESOLVED, That The American Legion seize every opportunity to request an accountability of our elected officials in implementing and enforcing federal and international laws and treaties to eliminate the large numbers of individuals from foreign countries entering the United States illegally and that all candidates for public office and the Democratic and Republican National Committees express publicly to the American people their positions and solutions to this grave danger to our country s stability; and, be it further RESOLVED, That The American Legion continue an information campaign to alert its members, federal and state elected officials, and the general public of the massive influx into the country of illegal immigrants, the consequences of mass immigration and how it will affect the standards of living in these United States; and be it finally RESOLVED, That The American Legion use all possible means to bring forth a solution to the challenges faced by the United States because of illegal immigration. 6

7 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO: 269 Return Patriotic Holidays To Traditional Dates COMMITTEE: AMERICANISM WHEREAS, The dates of certain patriotic holidays have been changed from their original dates to create "threeday weekends"; and WHEREAS, The time-honored traditional observances of these holidays has been eroded; and WHEREAS, The majority of Americans view Memorial Day as a time for relaxation and leisure recreation rather than as a solemn occasion and a time to reflect and pay tribute to the American servicemen and women who sacrificed their lives in defense of our Nation; and WHEREAS, By urging the ringing of bells in our communities for one minute on traditional Memorial Day, May 30, will help Americans to realize that the true purpose of this day is to pay tribute to those who have given so much for their country; and WHEREAS, Our hope for the future has been made possible because our servicemen and women have made sacrifices in order to secure freedom for America and the ringing of community bells is a fitting way to observe traditional Memorial Day in the years to come; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion calls upon the Congress of the United States to restore the official observance of Lincoln s Birthday to February 12, Washington's Birthday to February 22, Memorial Day to May 30 and Columbus Day to October 12 each year; and, be it finally RESOLVED, That The American Legion urges the passage of federal legislation that would result in an annual Presidential proclamation calling on all American institutions, public and private, to toll their bells for one minute, beginning at 11:00 a.m. on the traditional Memorial Day, May 30, in remembrance of the servicemen and women who died defending our Nation and our freedom. 7

8 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO: 270 English Language Be Used In Naturalization Ceremonies COMMITTEE: AMERICANISM WHEREAS, Resolution No. 567, titled, Naturalization Ceremony, was passed by delegates to the 56th annual National Convention of The American Legion in 1974 and opposed any change in the Judicial Naturalization Ceremony for new United States citizens; and WHEREAS, In recent years, naturalization ceremonies have been conducted in foreign languages; and WHEREAS, Several resolutions have been passed by The American Legion which urged Congress and the various state legislatures to declare the English language as the official language of government in the United States; and WHEREAS, Amendments to the Immigration and Naturalization Act make the traditional naturalization ceremony conducted by a United States District Judge optional, thereby removing an integral and indelible step in the naturalization process; and WHEREAS, Legionnaires and American Legion posts have traditionally participated in naturalization ceremonies as part of the Legion s Americanism program; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion encourages the United States Attorney General to issue a directive making naturalization ceremonies by a U. S. District Judge a mandatory step in the process of acquiring U.S. citizenship; and, be it finally RESOLVED, That The American Legion urges Congress, the U.S. Justice Department and the Bureau of Citizenship and Immigration Services of the Department of Homeland Security to require that all Citizenship Naturalization Ceremonies be conducted in the English language. 8

9 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO: 271 School Prayer COMMITTEE: AMERICANISM WHEREAS, Americans have historically believed in seeking God's protection and guidance through prayer; and WHEREAS, The value of expressing spiritual convictions through public prayer has been recognized as a firm basis on which to conduct public proceedings; and WHEREAS, Supreme Court decisions during the early 1960's have had the effect of severely restricting the practice of any manner of public prayer even though these decisions simply addressed prescribed or compulsory prayer; and WHEREAS, This restriction is most evident in our nation's public schools where a concurrent moral and spiritual decline is clearly manifested; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion reaffirms its support for an amendment to the Constitution of the United States that would permit voluntary prayer in public buildings, including public schools and at other public gatherings; and, be it finally RESOLVED, That Congress pass legislation to promote the concept of school prayer in order to ensure that our Nation's public school children have a daily opportunity to pray. 9

10 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO. 272 Constitutional Amendment To Protect The Flag Of The United States COMMITTEE: AMERICANISM WHEREAS, The American Legion has campaigned diligently for the passage of an amendment to the Constitution of the United States to protect the symbol of our Nation, the Flag of the United States, from physical desecration; and WHEREAS, Part of that campaign has included the founding of The Citizens Flag Alliance, Inc., a coalition of civic, veteran, business and fraternal organizations which have come together to persuade Congress to propose a flag amendment; and WHEREAS, The legislatures of all 50 states have indicated by memorial resolutions to the U.S. Congress that such an amendment to the U.S. Constitution is needed in view of the 1989 decision of the United States Supreme Court (Texas v. Johnson) that invalidated all flag protection laws; and WHEREAS, Surveys have shown that over 80% of the American people support the passage of a flag amendment; and WHEREAS, Flag protection amendments have passed the House of Representatives six times previously, only to fall short of the necessary two-thirds supermajority required in the Senate; and WHEREAS, Since the time of the American Revolution millions of men and women have proudly defended our country under the Stars & Stripes and, as a last gesture of gratitude this emblem of our country is placed upon the coffin of veterans as a token of respect for services rendered to a grateful nation; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion continue to urge the Congress of the United States to propose and approve an amendment to the U.S. Constitution that would allow the Congress to prohibit the physical desecration of the Flag of the United States; and, be it finally RESOLVED, That The American Legion continue its efforts through affiliation with The Citizens Flag Alliance, Inc. to bring to a successful conclusion the grassroots campaign to amend the Constitution of the United States of America in order to return to the people their right to protect the Flag from acts of physical desecration. 10

11 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO: 273 Oppose Importation Of Foreign Manufactured American Flags COMMITTEE: AMERICANISM WHEREAS, The Flag of the United States is a uniquely American symbol; and WHEREAS, The Flag Code of the United States as listed in Title 4, United States Code, Chapter 1, subsection 8(j) states that: "The flag represents a living country and is itself considered a living thing"; and WHEREAS, Foreign manufacturers are making and exporting to the United States U.S. Flags and/or merchandise which violate certain provisions of the United States Flag Code; and WHEREAS, Resolution 191, 1982 National Convention, Chicago, Illinois resolves that The American Legion promote through its Posts and Departments the purchase of American manufactured goods; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion encourages its membership, the general public, and all local, state and federal government agencies to purchase and display only American manufactured Flags of the United States; and, be it finally RESOLVED, That The American Legion seek legislation through the United States Congress to prohibit the importation of foreign made Flags of the United States. 11

12 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO: 274 Conscientious Objectors Tax Diversion COMMITTEE: AMERICANISM WHEREAS, The Constitution of the United States of America provides for the common defense of all citizens; and WHEREAS, The freedoms we enjoy and the security of our Nation that we desire rests on the individual determination of each of us to help preserve it; and WHEREAS, Legislation has been introduced in the Congress that would allow conscientious objectors to elect to have their income, estate, or gift tax be used for non-military purposes; and WHEREAS, Implementation of such a practice could affect military strength and national security; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion urges Congress to oppose legislation that would give conscientious objectors a voice in diverting monies from military spending. 12

13 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO: 275 Amend The Temporary Protected Status Portion Of The Immigration Act Of 1990 COMMITTEE: AMERICANISM WHEREAS, Temporary Protected Status (TPS) is a classification granted to eligible nationals of designated countries who are temporarily present in the United States when natural disaster or political turmoil in their country interferes with their plans to return; and WHEREAS, A person from a designated country who is in the United States is eligible to be granted TPS only by establishing that the designated country was the applicant s last place of habitual residence; and WHEREAS, TPS beneficiaries are granted work authorization during the TPS period and for any extensions of the designation; and WHEREAS, TPS was created by the Immigration Act of 1990; and WHEREAS, Anyone in the United States from the designated country is eligible for TPS, whether they entered the country in violation of our immigration law in order to find work or for other reasons, or violated the law by staying in the country and taking a job illegally, or were a bona fide visitor; and WHEREAS, Currently six countries are designated as TPS; and WHEREAS, Conferring TPS status on persons illegally in the United States rewards them with a work permit that legitimizes their illegal activity; and WHEREAS, Any person who can establish that they fear persecution if forced to return to their country of origin is eligible for asylum in the United States; and WHEREAS, TPS allows aliens to live in the United States without our being able to learn their true identities or background information; and WHEREAS, The events of September 11, 2001 have proven that we can no longer afford to accept people into our country without thorough background checks; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion encourages the Congress of the United States to amend the Temporary Protected Status section of the Immigration Act of 1990 to limit its coverage to foreign visitors legally in the United States. 13

14 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO: 276 Support Fairness For Immigrant Spouses COMMITTEE: AMERICANISM WHEREAS, The American Legion was founded by veterans who were concerned about the welfare of dependents of servicemen and women killed as a result of their service in World War I; and WHEREAS, Current immigration law requires an immigrant spouse to be married to a citizen of the United States for two years before proceeding with a petition for legal permanent resident status; and WHEREAS, The immigrant spouse s petition for permanent legal residence is canceled when the citizen spouse dies before the two-year threshold is reached; and WHEREAS, Current law allows immigrant spouses of U.S. military personnel who die in combat or as a result of combat to continue their original petition for permanent resident status; and WHEREAS, The American Legion is committed to caring for the families of the service men and women who made the ultimate sacrifice by giving their lives in the furtherance of the interests of the United States; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion encourages the Congress of the United States to amend the Immigration and Nationality Act to allow immigrant spouses of U.S. military personnel who die in training on military installations to continue their petition for permanent resident status without the current two-year eligibility restriction; and, be it finally RESOLVED, That the Immigration and Nationality Act be amended to waive the fees for posthumous citizenship assessed to surviving family members who lose a relative in hostile combat while a member of the U.S. Armed Forces and who has a pending application for United States citizenship. 14

15 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO: 277 Oath Of Renunciation And Allegiance COMMITTEE: AMERICANISM WHEREAS, Since the earliest days of our republic, Congress has exercised its constitutional power to establish a uniform Rule of Naturalization; and WHEREAS, The Rules of Naturalization, as established by Congress, requires an oath of allegiance and renunciation of all prior allegiances as a condition of naturalization; and WHEREAS, The Oath of Renunciation and Allegiance serves as a contract between the applicant for citizenship and the United States government in which the applicant, in return for the benefits and privileges received, agrees to 1. Renounce all allegiance to any foreign state or sovereign; and 2. Support and defend the U.S. Constitution and laws of the United States of America against all enemies, both foreign and domestic; and 3. Bear true faith and allegiance to the United States of America; and 4. Bear arms, perform noncombatant service, or perform work of national importance on behalf of the United States of America; and 5. Take this oath without mental reservation or purpose of evasion; and WHEREAS, The American Legion believes that naturalization is a privilege, not a right, to be granted only in accordance with the conditions established by the Congress; and WHEREAS, In taking the Oath of Renunciation and Allegiance, the immigrant pledges to transfer their full political allegiance from his or her birth nation to the United States of America; and WHEREAS, According to immigration experts, the great majority of immigrants applying for U.S. citizenship come from countries that allow or encourage multiple citizenship; and WHEREAS, Many immigrant-sending countries, including Mexico, are actively promoting dual allegiance; and WHEREAS, To retain allegiance to another constitution besides the U.S. Constitution, is inconsistent with the moral and philosophical foundations of American constitutional democracy, thus violating our core principles as outlined in the Oath of Renunciation and Allegiance; and WHEREAS, The integrity of the Oath of Renunciation and Allegiance and the integrity of the entire citizenship naturalization process are challenged or compromised by the continuing increase in the number of U.S. citizens who hold multiple national allegiances; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion opposes any and all changes to the Oath of Renunciation and Allegiance, as used in naturalization ceremonies, that would dilute or eliminate any of the following important and necessary elements of the oath: 15

16 1) Renunciation of all allegiances to foreign states or sovereignties; and 2) Support for and defense of the U.S. Constitution and laws of the United States of America against all enemies, foreign and domestic; and 3) Bear true faith and allegiance to the United States of America; and 4) Bear arms, perform noncombatant service, or perform work of national importance on behalf of the United States of America; and 5) Take this oath without mental reservation or purpose of evasion; and, be it further RESOLVED, That The American Legion encourages the Congress of the United States to prescribe the language that is used in the oath of renunciation and allegiance for purposes as outlined in the Immigration and Nationality Act; and, be it finally RESOLVED, That The American Legion encourage the Congress of the United States to enact measures to prevent dual citizenship by naturalized U.S. citizens. 16

17 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO: 278 The Boy Scouts Of America And The Department Of Defense COMMITTEE: AMERICANISM WHEREAS, The Eighty-Second National Convention of The American Legion in Milwaukee, Wisconsin passed Resolution 334 titled Support of Boy Scouts of America which reiterated The American Legion s longstanding support of the Boy Scouts of America in its efforts to maintain and practice traditional family values with regard to their membership and their leadership standards; and WHEREAS, The American Legion, as chartered by the United States Congress, pledges to transmit to posterity the principles of justice, freedom and democracy ; and WHEREAS, The American Legion endorses the concept that the perpetuation of these principles may best be initiated by an enlightened public achieved through the implementation of educational practices offered in the homes, in our schools and through public wide programs organized and developed for this purpose by organizations like the Boy Scouts of America; and WHEREAS, The Supreme Court of the United States has upheld the constitutional right of the Boy Scouts of America to set their own standards and membership policies because an indispensable part of being free is the right of individuals to hold moral positions and to associate with others who share those positions; and WHEREAS, Despite the Supreme Court having ruled in favor of the Boy Scouts freedom to associate with those sharing their moral views and to not associate with those who do not share their moral views, the Boy Scouts have been subjected to a continual barrage of attacks by groups and individuals holding opposing views; and WHEREAS, These opposition groups have been successful in eliminating the Scouting program from all branches and installations of the U.S. Armed Forces; and WHEREAS, The American Legion believes that this unrelenting assault against the Boy Scouts is not a unique occurrence but a part of an orchestrated effort to denigrate, damage and systematically destroy traditional American values, as embodied in the Boy Scouts of America, The American Legion, the Flag of the United States, the Pledge of Allegiance, and numerous other embodiments of Americanism; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion express its steadfast opposition to Department of Defense policies that prohibit the chartering of Boy Scout units by components of the Armed Forces of the United States and prohibit the use of Department of Defense installations and facilities worldwide by the Boy Scouts of America; and, be it finally RESOLVED, That The American Legion use every executive, legislative and judicial avenue available to restore longstanding policies of cooperation between the Department of Defense and the Boy Scouts of America that will allow Boy Scout units the right to use DOD facilities and to authorize components of the active duty military, National Guard and reserve units to charter or sponsor Boy Scout units without fear of legal reprisal. 17

18 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO: 279 The Pledge Of Allegiance COMMITTEE: AMERICANISM WHEREAS, In October 1970, The American Legion s National Executive Committee passed Resolution 13 titled Defense and Respect for the United States Flag, that voiced The American Legion s support for continuing the recitation of the Pledge of Allegiance in the nation s public schools; and WHEREAS, In recent years, several states have passed legislation to encourage and authorize the reciting of the Pledge of Allegiance in the schools within their state; and WHEREAS, In 1954, The Congress of the United States reaffirmed the influence on government by a supreme power when it revised the Pledge of Allegiance by inserting the words under God as follows: I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all; and WHEREAS, Liberal judicial opinions and media coverage have questioned the propriety of reciting the Pledge of Allegiance in public schools in the United States, citing the unconstitutionality in references to God; and WHEREAS, The American Legion, the Congress of the United States, and many other groups and organizations open their regular meetings by reciting the Pledge of Allegiance; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion reiterate its continuing support for the Pledge of Allegiance in its current form, voicing opposition to any and all attempts to revise it beyond the version approved by Congress in 1954; and, be it further RESOLVED, That The American Legion encourage the nation s schools to include the recitation of the Pledge of Allegiance by teachers and students in regular school activities and events; and, be it finally RESOLVED, That The American Legion, at all levels, continue its unyielding support for the Pledge of Allegiance and its provisions of national loyalty by using all means practical to inform Americans about the belief in and the reliance in God by our nation s founders in forming our democratic Republic. 18

19 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO: 280 Oppose Flag Code Change Conduct During Hoisting, Lowering Or Passing Of The Flag Or During The National Anthem COMMITTEE: AMERICANISM WHEREAS, The American Legion is recognized as one of the country s foremost authorities on the proper display of the United States flag; and WHEREAS, Title 4, Chapter 1, Section 9, United States Code previously stated, During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes. ; and WHEREAS, Title 36, Chapter 3, Section 301, United States Code previously stated, During a rendition of the National Anthem when the flag is displayed all present except those in uniform should stand at attention facing the flag with the right hand over the heart; men not in uniform should remove their headdress with their right hand and hold the headdress at the left shoulder, the hand being over the heart; and individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note. ; and WHEREAS, Public Law , 110 th Congress, amended Title 4, Chapter 1, Section 9, United States Code to read: During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, those present in uniform should render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute. All other persons present should face the flag and stand at attention with their right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries should stand at attention. All such conduct toward the flag in a moving column should be rendered at the moment the flag passes. ; and WHEREAS Public Law , 110th Congress amended Title 36, Chapter 3, Section 301, United States Code to read: During a rendition of the national anthem when the flag is displayed individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note; members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart ; and WHEREAS, The American Legion appreciates the sincere intent of the current law to recognize all veterans by authorizing the military salute as an option to the traditional means of honoring the flag by placing the right hand over the heart; and WHEREAS, Military regulations were affected, which previously specified that members not in uniform face the flag and stand at attention with the right hand over the heart, if covered, men shall remove the headdress and hold it at the left shoulder, the hand being over the heart; and 19

20 WHEREAS, Title 4, Chapter 1, Section 4, United States Code states, The Pledge of Allegiance to the Flag should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute; and WHEREAS, The sentence "Members of the Armed Forces and veterans who are present but not in uniform may render the military salute," raises the concern that Legionnaires, while wearing a baseball cap or other casual headdress would render a military salute; and WHEREAS, The non-veteran public may soon follow the lead of those veterans and render the military salute as the flag is hoisted, lowered, is passing or during a rendition of the national anthem when the flag is displayed; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That those sections of the U.S. Flag Code prescribing that members of the Armed Forces and veterans out of uniform may render the military salute during hoisting, lowering, or passing of the United States flag and/or during a rendition of the national anthem when the flag is displayed, causes confusion leading to breaches of flag etiquette, to include proper conduct during the recitation of the Pledge of Allegiance; and, be it further RESOLVED, That The American Legion encourages the Congress of the United States to repeal that portion of Title 4, Chapter 1, Section 9, United States Code permitting members of the Armed Forces and veterans out of uniform to render a military salute during hoisting, lowering, or passing of the United States flag; and, be it finally RESOLVED, That The American Legion encourages the Congress of the United States to repeal that portion of Title 36, Chapter 3, Section 301, United States Code permitting members of the Armed Forces and veterans out of uniform to render a military salute during a rendition of the national anthem when the flag is displayed. 20

21 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO. 281 Eliminate Damages And Attorney Fees In Establishment Clause Lawsuits COMMITTEE: AMERICANISM WHEREAS, The American Legion, whose motto is For God and Country and has been since its founding by veterans of World War I in 1919, is leading a nationwide effort to combat the secular cleansing of our American heritage through Establishment Clause lawsuits; and WHEREAS, Many Americans mistakenly believe that the words separation of church and state are included in the Constitution of the United States and provide the legal basis for removal of symbols with a religious aspect or references to God in our National Motto or to our country s founders reliance on God, from veterans memorials, and other public lands, areas, monuments, buildings, seals, or ceremonies; and WHEREAS, The First Amendment to the Constitution nowhere in fact mentions separation of church and state, nor separation of state from religion, but states only: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. ; and, WHEREAS, Judges in increasing numbers have issued orders in Establishment Clause cases that ban the Boy Scouts, ban the Ten Commandments, ban religious symbols at veterans memorials, ban the Pledge of Allegiance, ban historical religious symbols in the official seals of counties, and ban cities and the Department of Defense from assisting the Boy Scouts, and judges in such cases have awarded millions of dollars to the American Civil Liberties Union (ACLU) and others in attorney fees to be paid by taxpayers as authorized by 42 U.S. Code Section 1988, the Equal Access to Justice Act, 28 U.S. Code Section 2412, and/or other federal statutes; and, WHEREAS, The American Legion believes that all federal statutes of the United States should be amended to rescind and repeal the authority Congress gave the courts to impose damages or attorney fees in Establishment Clause cases, as the threat of judge-ordered damages or attorney fees is being used as a club to compel local elected bodies, villages, towns, cities, counties, school boards, and state and federal agencies, to surrender to demands to remove or destroy symbols or expressions of a religious aspect from all areas of the public sphere for fear of imposition of damages or attorney fees to be paid by taxpayers, and is being used to chill private citizens from exercising the First Amendment right to seek redress by entering Establishment Clause lawsuits to defend symbols of and references to our American heritage, for fear that damages or attorney fees will be imposed upon them personally; and, WHEREAS, The 86 th National Convention of The American Legion, August 31 September 1, 2, 2004, passed Resolution 326, Preserve WWI Veterans Memorial in Mojave Desert, which called on Congress to amend the Civil Rights Attorney Fees Act of 1976, 42 U.S. Code Section 1988, to prohibit the courts from awarding attorney fees under that statute in lawsuits brought to remove or destroy religious symbols; and WHEREAS, The 87 th National Convention of The American Legion, August 23, 24, and 25, 2005, passed Resolution 139, Amend the Equal Access to Justice Act, which called on Congress to amend 28 U.S. Code Section 2412, or any other similar federal statute, to limit remedies to declaratory and injunctive relief only and 21

22 to eliminate court-ordered attorney fee awards in cases brought under the Establishment of Religion Clause of the U.S. Constitution; now, therefore, be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion urge the Congress of the United States to amend the Civil Rights Attorney Fees Act of 1976, 42 U.S. Code Section 1988, the Equal access to Justice Act, 28 U.S. Code 2412, and any and all other federal statutes, to limit remedies to injunctive relief and declaratory relief only, and to rescind the authority of the courts to award attorney fees to the prevailing party in lawsuits brought under the Establishment of Religion Clause in the U.S. Constitution. 22

23 Ninety-Fourth National Convention The American Legion Indianapolis, Indiana August 28, 29, 30, 2012 RESOLUTION NO: 282 Star Spangled Banner COMMITTEE: AMERICANISM WHEREAS, The Star Spangled Banner became our National Anthem on March 3, 1931, when President Herbert Hoover signed Public Law 823; and WHEREAS, The American Legion believes that many millions of Americans cherish and respect the currently accepted version, both words and music, of The Star Spangled Banner, such version being the Service Version prepared in 1918 by the War Department for use in Army and Navy song books; and WHEREAS, It has become customary and traditional to sing or play The Star Spangled Banner before sporting events and other large gatherings of people in this country in a traditional manner reflecting a solemn pride, dignity and respect; and WHEREAS, Many American Legionnaires have been offended by disrespectful and unconventional playing and singing of the National Anthem at sporting events; and WHEREAS, The American Legion, by action of the 78th National Convention in Salt Lake City, Utah, went on record supporting establishment of a national day of observance for The Star Spangled Banner; now, therefore be it RESOLVED, By The American Legion in National Convention assembled in Indianapolis, Indiana, August 28, 29, 30, 2012, That The American Legion encourage and recommend the playing of the National Anthem at all sporting events and that it be performed in its original customary and traditional rendition; and, be it further RESOLVED, That The American Legion urge radio and television networks and stations to desist from pre-empting with commercial advertisements the singing and playing of our National Anthem and the raising and/or lowering of our Flag; and, be it further RESOLVED, That The American Legion is opposed to any changes in the words and music of the National Anthem as adopted under Public Law 823 of the 71st Congress; and, be it finally RESOLVED, That The American Legion promote the establishment of March 3 of each year as a national day of observance for The Star Spangled Banner and that the patriotic observance of this day stress the origin of The Star Spangled Banner. 23

24 THE AMERICAN LEGION NATIONAL EXECUTIVE COMMITTEE INDIANAPOLIS, INDIANA OCTOBER 17-18, 2012 RESOLUTION NO: 60 Flag Code Amendment COMMISSION: Americanism WHEREAS, The United States Flag Code, Title 4, United States Code, Chapter 1, Subsections 1-10, is a codification of existing rules and customs pertaining to the display and use of the flag of the United States of America, and WHEREAS, Practices and customs have been modified in the past few years regarding certain display procedures, and WHEREAS, Previous changes and modifications to the Flag Code did not clearly state the intent of some display procedures, and WHEREAS, The Flag Code needs to reflect current, accepted patriotic practices, now, therefore, be it RESOLVED, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, on October 17-18, 2012, That The American Legion seek the appropriate legislation or Presidential proclamation to alter, amend, or modify the following provisions of the United States Flag Code, Title 4, United States Code, Chapter 1: SS6. Time and occasions for display (d) The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Martin Luther King, Jr. s birthday, the third Monday in January; Lincoln's Birthday, February 12; Washington's Birthday, February 22; Presidents Day, third Monday in February; Easter Sunday(variable); Thomas Jefferson s Birthday, April 13; Loyalty Day - Law Day U.S.A., May 1; Mother's Day, second Sunday in May; National Maritime Day, May 22; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; Flag Day, June 14; Flag Week, week of June 14; Father's Day, third Sunday in June; Independence Day, July 4; National Korean War Veterans Armistice Day, July 27; Aviation Day, August 19; Labor Day, first Monday in September; Citizenship Day, September 17; POW/MIA Recognition Day, third Friday in September; American Gold Star Mothers Day, last Sunday in September; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Pearl Harbor Day (half-staff), December 7; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States(date of admission); and on State holidays. (h) The flag should be displayed during public meetings, at cemeteries, and other public gatherings such as sporting events. SS7. Position and manner of display (f) When flags or pennants of States, cities, localities, societies, or corporations are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are 24