The American Flag
by George Humphery

"It is error alone which needs the support of government. Truth can stand by itself." Thomas Jefferson

Ask any third grader what are the colors of the American Flag. They will all tell you in a confident voice; red, white and blue! By law this third grader is exactly correct because according to the United States Code Title 4, sections 1 and 2 the flag is of only three colors ; red, white and blue. The red, white and blue is the official symbol of the United States and of Constitutional law. Symbols are very important to all of us and it is this symbol for which many tens of thousands of American soldiers have fought and died for. Yet, if you look into almost any courtroom or political meeting room you will see a flag with gold fringe with different adornments on top of the flag mast. If you look to see what this fringe and these adornments mean you will see in the Army Regulation Manual 840-10 dated October 1979, "Army Regulations define the Ceremonial or Parade flags with gold fringe, the Executive flag with an eagle, the Recruiting flag with a gold ball and the Court-Martial flag with a gold spear point. The Executive flag is authorized only by express permission of the President."

As we walk into county courthouses, states courtrooms, and other political jurisdictions and see gold fringed flags with spears, balls or eagles on the mast, it is not unreasonable to ask what type of political rules these people are playing by. Clearly, in many places such as the school board, most elected officials are not aware of what these symbols mean (we hope that they will become aware). However, in other venues this question takes on quite a bit of importance: "Is this a Military Court? Is this a Martial Court? Is this a Court of Admiralty?" Remember, by the proclamation of FDR, the Constitution has been suspended.

There have been several judges from around the country, both state and federal, who have ruled and commented on this very question. Most of their rulings have said that the very questioning of gold fringed flag and adorned mast heads in courtrooms could have any affect on their jurisdiction is "frivolous" and "preposterous." I pray that what these judges are saying is correct and that we do have Constitutional law. However, the question remains, if the law and statue say one thing, why is it that the flags in these locations symbolize another standard?


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