Tipsheet

NDAA Included Major Wins for the Constitution, U.S. Flag Thanks to Ted Cruz

Earlier this week, as Jeff covered, the U.S. Senate passed the National Defense Authorization Act (NDAA), which headed to President Joe Biden, as the House had also passed it. The NDAA contained plenty of wins for Republicans, especially as Democrats whined about certain provisions, like banning the use of taxpayers having to fund "gender-affirming care," which often involves genital mutilation and/or sterilization, for the children of servicemembers. There was also some bipartisan wins as well, though, as it included provisions sponsored by Sen. Ted Cruz (R-TX) that Democrats also supported.

The text of Cruz's bill, the COMMAND Act, which he cosponsored with Sen. Tim Kaine (D-VA), passed as part of the NDAA. The bill was introduced in June, with a press release emphasizing the bipartisan nature

As the press release explained:

Sen. Cruz’s COMMAND Act would require the U.S. Department of Defense to ensure newly commissioned military officers receive training on the Constitution before assuming their first position of leadership, including:

  • the centrality of the Constitution to the commitment officers make to serve in the Armed Forces;
  • emphasis on the loyalty of officers to the Constitution; and
  • instruction on certain aspects of the Constitution relevant to military service.

"Our military officers swear an oath to support and defend our Constitution. It is basic common sense to ensure that they are grounded in the Constitution’s history and text. I am proud to introduce the COMMAND Act with Sen. Kaine, which will ensure that officers receive that education before taking on their tremendous responsibilities, including and especially leading America’s finest young men and women in defense of our freedoms," said when introducing what is indeed a "basic common sense" bill.

Kaine also spoke about the lasting impact their bill will have. "Our servicemembers take an oath to support and defend our Constitution, rather than any individual or administration. This legislation would provide our next generation of military leadership with a fuller understanding of what their oath entails and the sacred obligation they incur when they raise their right hand and affirm their commitment to our founding principles," he said.

The lasting impact of such a bill may especially be relevant when it comes to administrations, like the current Biden-Harris one, that have endangered or could endanger constitutional rights by relying on weaponization and politicization. Regardless of the administration, more education is hardly a bad thing.

The text of another bill from Cruz, the UNFURL Act, also made its way into this year's NDAA. Such a bill was introduced in July and overturns the Biden-Harris administration's policy prohibiting uniformed service members from participating in flag ceremonies at sporting events. 

As a press release at the time explained:

Since September 11, 2001, patriotic observances have become common at major sports events. Those observances often include the unfurling of a large American flag. The U.S. Flag Code (contained in Title 4 of U.S. Code) prohibits carrying the American flag horizontally. In February 2023, the Department of Defense issued a memorandum prohibiting uniformed servicemembers from participating in the unfurling of large flags at sporting events because those flags are unfurled and displayed horizontally. The UNFURL Act revises the Flag code to clarify that Department of Defense personnel may participate in such patriotic displays and rescinds that Department of Defense memo.

"Our troops should be able to participate in unfurling and displaying the American flag at large public events, such as sporting events. The military is struggling to meet its recruiting targets and young people are increasingly disinclined to serve. We should rally around the ultimate symbol of national unity: the American flag. Not allowing our military servicemembers to participate in such events defies simple common sense," Cruz said about the UNFURL Act.

As The New York Post also explained in February of last year about the Pentagon memo:

A Pentagon memo sent out two days before this month’s Super Bowl warned members of the US armed services to show “proper respect” for Old Glory at sporting events — by not taking part in two traditional pregame displays of the Stars and Stripes.

The Feb. 10 missive –sent to Army, Marine Corps, Navy, Air Force and National Guard spokespeople by Chris Meagher, assistant to the Secretary of Defense for Public Affairs — specifically takes issue with the unfurling of a giant American flag to be held horizontally on the field of play during the playing of “The Star-Spangled Banner,” and teams of military parachutists descending onto the field with a flag in tow. 

“While many, including military members, view these displays as inspiring and patriotic, uniformed service members may not participate directly in the unfurling, holding and/or carrying of giant, horizontal US flags that are displayed during community outreach events,” the memo states. 

“Similarly, DoD jump teams may not incorporate the US flag in their public demonstrations if the flag cannot be caught reliably and handled respectfully by ground personnel during landings.”

...

A Department of Defense spokesperson told The Post that the memorandum “ensures that our Service members can properly showcase their patriotism and military capabilities while complying with DoD policy.”

Such a provision is even more relevant to the Biden-Harris administration, and their problematic policies affecting all areas of society. 

It's also particularly rich for the Biden-Harris Pentagon to discuss treating the flag in a dignified manner, considering that the American flag was displayed alongside the Pride flag at the White House in June of last year, just months after that memo went out on sporting events. 

The NDAA, with a price tag of $895 billion, passed by 85-14. It will fund the Department of Defense for the fiscal year 2025.