President-elect Trump’s proposal to punish flag burners isn’t going anywhere with the Republicans who will be in charge of writing and passing legislation next year.
Senate Majority Leader Mitch McConnell and House Majority Leader Kevin McCarthy both rejected Trump’s idea, which came out in an early morning tweet.
“Nobody should be allowed to burn the American flag,” Trump tweeted early Tuesday. “If they do, there must be consequences — perhaps loss of citizenship or year in jail!”
McConnell, who was asked about Trump’s tweet by reporters on Tuesday, pointed to the Supreme Court ruling that flag burning constitutes free speech protected under the First Amendment.
“In this country, we have a long tradition of respecting unpleasant speech,” McConnell, R-Ky., said. “I support the Supreme Court decision on that matter.”
According to the Associated Press, at least 40 states still have flag desecration laws on the books. Congress has attempted, but failed, to pass an amendment banning flag burning.
The last vote on such a measure was held a decade ago. There appears to be little interested in reviving the proposal in the new Congress, where GOP lawmakers are eager to work with the first Republican president in eight years.
“I do not support or believe in people burning the American flag, but I do support the First Amendment,” McCarthy, R-Calif., said Tuesday. “I don’t see a Constitutional amendment currently. I don’t think that is where we will start.”

