Flags of our (Founding) Fathers

We provide a brief history of flags including ones from the Revolution, their symbolism, and why a Supreme Court Justice flag controversy is about a lot more than flags.  

Transcript

Flags of our (Founding) Fathers

May 2024

There is hopeful symbolism in the fact that flags do not wave in a vacuum

Arthur C Clarke

Behold a republic standing erect while empires all around are bowed beneath the weight of their own armaments - a republic whose flag is loved while other flags are only feared. 

William Jennings Bryan
 
 

In the situation comedy Big Bang Theory, the most brilliant of the nerds and the most anti-social, Sheldon Cooper, presents a YouTube show co-hosted with his girlfriend, Amy Farrah Fowler.  The name of the show is “Fun with Flags.” Their stilted delivery and nervous attitudes are part of the humor while being recorded.  But the core joke is their evident enthusiasm for the arcana of, well, flags.  

After moving in together, Sheldon and Amy hosted their first "on-location" episode. The subject was regions that had come together, and the episode featured the flags of St. Kitts and Nevis and the city of Budapest (formed in 1873 by the combination of the Hungarian cities of Buda and Pest).

This is supposed to be funny, as the two geeks pontificate on flags from the Austro-Hungarian Habsburg Empire and mirror their relationship. It tells you more than you need to know about me that I wanted the episode within the episode to continue.  Who cares about some romance between nerds and their much better-looking girlfriends? I wanted more Buda and Pest flag stories.  Reddit asked the question: if the show were real, who would watch and receive over 400 positives and only a handful of negatives?  Count me in the first group. 

So, who had the first flag in history?  We don’t know. Holly Pittman’s work “Art of the Bronze Age: Southeastern Iran, Western Central Asia, and the Indus Valley” speculates that the oldest flag discovered is made of bronze: a Derafsh or 'flag-like' Shahdad, which was found in Shahdad, Iran, and dates back to c. 2400 BCE. It features a seated man and a kneeling woman facing each other, with a star in between. This iconography was found in other Iranian Bronze Age pieces of art. Note that the first inclusion of a star is not the last.  

Flags made of cloth were almost certainly the invention of the ancient peoples of the Indian subcontinent or the Zhou dynasty of Ancient China. It is said that the founder of the Zhou dynasty in China (1046–256 BCE) had a white flag carried before him. Chinese flags had devices such as a red bird, a white tiger, or a blue dragon. They were taken on chariots and planted upon the walls of captured cities. The royal flag, however, had all the attributes of kingship, being identified with the ruler himself and treated with a similar respect. It was thus a crime even to touch the flag-bearer. The fall of the flag meant defeat, and the king would rarely expose his flag and his person together, the flag being generally entrusted to a general. One of the voluminous things I like about history is how cultures often mirror each other, and the symbolic lowering of the flag, either voluntarily or by killing the bearer, is one of those things that knows no borders.  

Flags were originally used mainly in warfare, and to some extent, they have remained insignia of leadership, serving to identify friends or foes and as rallying points. Even in ancient times, they were extensively employed for signaling, decoration, and display. Even as late as World War I, the British Grand Fleet, which could launch a many-ton shell several miles, relied on flags for ship-to-ship communication.  

Because the usefulness of a flag for identification depends on it blowing out freely in the wind, the preferred material is usually light and bears a device or pattern identical on both sides. Wording tends to be excluded, and the simpler patterns are favored. 

Turning to contemporary politics, there has been a recent focus on flags in a never-ending quest to make satiric platforms like the Onion and Babylon Bee seem like sober-minded news organizations. 

Not one but three New York Times reporters compiled this breathless, massive scandal, “Last summer, two years after an upside-down American flag was flown outside the Virginia home of Justice Samuel A. Alito Jr., another provocative symbol was displayed at his vacation house in New Jersey, according to interviews and photographs.

This time, it was the “Appeal to Heaven” flag, which, like the inverted US flag, was carried by rioters at the Capitol on January 6, 2021. Also known as the Pine Tree flag or Appeal to Heaven, it dates back to the Revolutionary War but largely fell into obscurity until recent years. It is now a symbol of support for former President Donald J. Trump, for a religious strand of the “Stop the Steal” campaign, and for a push to remake the American government in Christian terms.

Three photographs obtained by The New York Times and accounts from a half-dozen neighbors and passers-by show that the Appeal to Heaven flag was aloft at the Alito home on Long Beach Island in July and September of 2023. A Google Street View image from late August also shows the flag.”

As George Will would say, Good Grief.  You have to love these “news” organizations.  Provocative indeed.  

Alito noted that his wife flew the upside flag to signal disapproval to a neighbor in a dispute.  The alternative is that we are to believe that a Justice who has served on the bench for nearly 20 years without any overt signals of allegiance to Trump has not only gone MAGA but publicly supports the movement. 

Now, this is silly.  An upside-down flag can mean public distress, where the concept emanates.  A neighborly dispute about yard signs does not rise to that level.  And it is not as if Samuel Alito is some marketer or podcaster pontificating on flags.  Instead, he is one of the most influential figures in the nation.  Too powerful if you ask me, and as I will elucidate in a too great judiciary against that of a supine legislator.  But no one stuck a gun against Alito’s head and said you must serve.  He is 74 and could retire, but he has chosen not to.  That means that he and his wife need to act with some circumspection and decorum.  The same applies to Ginny Thompson.  This is still PT Barnum's full-on circus stuff from the Times.  

Kevin Williamson, an expert in many things, provides context on the flags in question. The “Appeal to Heaven” or “Pine Tree” flag, currently in the news because it flew over Justice Samuel Alito’s beach house, had been around for a long time before it was taken up as a symbol by Trump cultists. The pine tree is a symbol of New England, and the “Appeal to Heaven” flag, which first was displayed during the American Revolution, still is used as the naval ensign of the Commonwealth of Massachusetts (without the text). The words “Appeal to Heaven” are from John Locke and refer to the moral legitimacy of Revolution.”

Revolutionary flags are not mere pieces of cloth but symbols of ideals, aspirations, and the collective struggle for change. Throughout history, flags have played a significant role in revolutions, serving as rallying points for the oppressed, symbols of resistance against tyranny, and embodying national identity. Whether raised high in moments of triumph or draped over the bodies of fallen comrades, revolutionary flags carry profound meaning and evoke powerful emotions. This is the point of the Appeal to Heaven flag, not “I want to give Trump total immunity.” 

A little more flag history.  One of the most iconic revolutionary flags in history is the tricolor flag of the French Revolution. Adopted in 1790, the flag featured three vertical blue, white, and red stripes, representing liberty, equality, and fraternity. This flag became synonymous with the revolutionary fervor sweeping France, inspiring people to rise against monarchy and aristocracy. It symbolized the dawn of a new era, where the principles of democracy and human rights would triumph over autocracy and oppression.

Similarly, the American Revolution saw the emergence of the Stars and Stripes, now known as the flag of the United States of America, with its thirteen alternating red and white stripes representing the original colonies.  But there are many other flags that you know will become somehow oppressive if the wrong people display them.  Of course, it is not the flag or bad people but a general disdain for the nation.  As George Packer, writing for the Atlantic, noted, DEI is more of a religion, and there can only be total adherence or disagreement.  Either you believe or you do not.  

Here are some of those flags.  

·Grand Union Flag (Union Flag, Continental Colors): Often considered the first national flag of the United States, the Grand Union Flag was hoisted on January 1, 1776, above the headquarters of General George Washington in Cambridge, Massachusetts. It featured thirteen alternating red and white stripes, symbolizing the thirteen colonies, with the British Union Jack in the canton. This flag represented the colonists' desire for reconciliation with Britain while asserting their rights as British subjects. Note that the timing was before July.  

·Betsy Ross Flag (Stars and Stripes): Legend has it that Betsy Ross, a Philadelphia seamstress, was commissioned by George Washington to create the first version of the Stars and Stripes flag in 1776. This flag featured thirteen stars in a circle on a field of blue, representing the unity of the thirteen colonies, along with thirteen alternating red and white stripes. While the historical accuracy of Betsy Ross's involvement is debated, the Stars and Stripes design remains an enduring symbol of American independence and unity.

·Continental Flag (The Continental Navy Jack): The Continental Navy Jack, also known as the Continental Flag, was used by American naval vessels during the Revolutionary War. It featured thirteen alternating red and white stripes, symbolizing the original colonies, with a rattlesnake coiled in the center, accompanied by the motto "Don't Tread on Me." This flag, designed by Colonel Christopher Gadsden, represented the colonies' determination to resist British oppression and defend their liberties.

Gadsden Flag: Similar to the Continental Flag, it featured a coiled rattlesnake with the motto "Don't Tread on Me" but lacked the thirteen stripes. Instead, it had a yellow field with the rattlesnake and motto prominently displayed. This flag symbolized American patriotism and resistance to British tyranny, emphasizing the colonists' readiness to defend their rights and liberties.  Much more than the benign appeal to heaven flag, this one is highly prized by right-wing groups and was prominently displayed during the Tea Party rallies of 2010-2014, back when the GOP would win elections.  Despite an incredible lack of evidence, the left, fearing the burgeoning power of the Tea Party movement, stated that racist slurs were utilized at these rallies.  This was a lie, and there is no evidence of it.  But the left has now associated the Don’t Tread on Me with racist elements.  Even the famed Betsy Ross flag has come into ignominy by the minions of the left.  Just as the right has taken the original term used by the left to depict the concepts around DEI, woke, as something else, the left has done much the same with flags.  The difference is that woke was a recent term.  The flags of the Revolution are national totems that were once unifying symbols of our independence.  

Culpeper Minutemen Flag: Used by the Culpeper Minutemen, a militia group from Culpeper County, Virginia, this flag featured a rattlesnake above the words "Liberty or Death" on a yellow field, with the motto "Don't Tread on Me" below. The flag symbolized the Minutemen's commitment to defending their freedom and resisting British oppression, echoing sentiments of defiance and determination.

Revolutionary flags often carry powerful symbolism that resonates deeply with the aspirations of the people they represent. For example, the flag of Cuba features a lone white star on a field of blue, surrounded by five alternating stripes of blue and white. The blue stripes represent the three original provinces of Cuba, while the two white stripes symbolize the purity of the ideal of independence. The lone star represents independence and the aspirations of the Cuban people to be free from colonial rule and foreign domination. Too bad there is not a symbol liberating them from the oppression wrought by Castro and the current communist regime.  

In many cases, revolutionary flags are imbued with symbolism reflecting the Revolution's cultural, historical, and ideological context. For instance, the flag of Mozambique, adopted after the country gained independence from Portuguese colonial rule, features a rifle crossed with a hoe on a field of green, symbolizing the country's struggle for freedom and the unity of workers and peasants in building a new society.

Revolutionary flags can also serve as potent tools of propaganda and communication, rallying people to a cause and inspiring them to action. Seeing a flag waving defiantly in the face of oppression can galvanize resistance movements and instill hope in the hearts of the oppressed.

However, revolutionary flags are not always universally embraced. They can also be divisive symbols, representing different ideologies and factions within a revolutionary movement. For example, during the Russian Revolution, the Bolsheviks flew the red flag as a symbol of proletarian solidarity and socialist Revolution, while other factions adopted different flags representing their visions of the future. Similarly, in the American Civil War, the Confederate flag became a symbol of rebellion and resistance to the Union cause, but it is now widely regarded as a symbol of racism and oppression. As late as the 1980s, the silly TV show Dukes of Hazzard featured this flag on their car, also named the General Lee.  

And it was under Governor Nikki Haley, just a few years ago, when the Confederate flag was removed from the South Carolina State House.  Something with which I had zero issues.  The Confederates were traitors and should not be so celebrated.  

As much as Sheldon Cooper and I would love to continue talking about flags, the Supreme Court imbroglio is not about flags. It is about the rulings now emanating from the Supreme Court. So, if you would indulge me, here's a brief history of SCOTUS and how it got to Samuel Alito’s septuagenarian wife being a hot topic.  

Since Marbury v Madison in 1803, the centrality of rulings of the Supreme Court, the primary representative of the 3rd branch of government, has been contended throughout US history.  The Supreme Court or SCOTUS would come in and out of prominence for years.  With decisions like Dred Scott, the return of a fugitive slave, or Plessey v. Ferguson, sanctioning the separation of the races, to Brown v. Board of Education, which reversed Plessey, SCOTUS would emerge as that which dictated the law even usurping that of Congress.  This preeminence prompted President Franklin D Roosevelt to try to “pack the court,” essentially adding to the Court’s current nine Justices.  FDR faced continued challenges to his New Deal policies by several 6-3 votes.  Showing his hand and naked political outcomes, FDR proposed a 13-member court, which allowed him to create a favorable majority.  Coincidence, I am sure.  FDR’s movement was seen as so unconstitutional that he abandoned the scheme.  This fact is widely reported, but what is not generally known is that the Majority subsided in their opposition to the New Deal.  FDR may have lost the battle, but he won the war with the goal of neutering opposition to his policies.  

Yet even after 1954’s Brown decision, the Court was not the central locus of attention it is today. Presidents would nominate justices who they assumed would be favorable to their interests, but judicial qualification was also critical.  

Then came the 1960s and the beginning of the legalization of abortion.  After the Great Society stalled, it became incumbent upon the left to no longer rely on the legislature but instead look to SCOTUS to enact their agenda.  One of the first of these was Griswold vs. Connecticut; a right to privacy can be inferred from several amendments in the Bill of Rights, and this right prevents states from making the use of contraception by married couples illegal. Then, seven years later, on a 7-2 decision came Roe V Wade, which made abortion legal and did so in the teeth of widespread solid opposition.  It should be noted that Republican presidents appointed many of the Justices siding with the Majority.  

Roe was not just a watershed in terms of abortion but also in the left’s understanding that regardless of their strength or weakness in Congress or whether they have the Oval Office, they can try to get their policies through the judicial branch.  

Then, in the 1980s, President Ronald Reagan appointed Antonin Scalia, the most excellent and most articulate opponent of using the Supreme Court as an extra legislative body.  The fear of Scalia was such that when Reagan nominated Robert Bork, who both shared Scalia’s views and his eloquence, his reputation was cruelly and wrongly disparaged by the left led by Ted Kennedy.   This was the critical moment when a figure who was arguably the most qualified candidate in the nation was destroyed. The Supreme Court became so central in the political life and simply the lives of America.  

It took the GOP a few decades to realize the games being played with the Court, resulting in moderate or even leftist nominees in Anthony Kennedy and David Souter. But more recently, with the likes of Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, and most of all, Samuel Alito, the left woke up in 2020 and realized that the GOP had beaten them at their own game.  

This mini dissertation is to provide context for what is really happening.  The trumping of charges, any charges to discredit GOP members of SCOTUS so their replacements can be replaced.  Two things of which are as sure as the sun rising in the East.  You would be hearing nothing about Alito and flags if there was a Republican president or Senate and that Alito has been on the bench for 19 years, but we are only hearing this after Roe was overturned in 2022.  If Roe was the watershed of liberal hegemony over the Court, then Dodd was the moment when, 50 years later, that process ran into a wall.  

The real problem is not even the games played on the Court.  When the left decided to add SCOTUS, even in some cases trumping Congress as the primary vehicle of their aims, Congress began to whither from its role as the first among the branches.  

Forget the embarrassing mediocrities populating the halls of Congress, such as AOC, Rashida Tlaib, Marjorie Taylor Green, or Matt Gaetz. Our legislative branch wants to refrain from legislating. One example is the ACA, which has 400 provisions.  

Writing and reviewing detailed laws takes time.  Time away from fundraising, campaigning, managing social media, and making appearances on TV.  So, it is handed over to the executive, and once they enact laws, the inevitable lawsuits over any meaningful work (and some small ones) get over to SCOTUS.  

I wanted to pivot from the Alito flag nonsense to another flag-centric issue: burning.  

Even though the First Amendment protects symbolic speech, an exception should be made to prohibit flag burning. The flag symbolizes national unity and represents the ideals for which the United States stands. Moreover, it honors those who died in defense of this country. As the flag defines, protecting these concepts constitutes a compelling governmental interest that justifies a ban on flag burning/desecration.  

Flags are the perfect symbol, if you will, of our times.  Originally, flags were used to signal something, whether for military purposes or related to the state.  But they were just that.  Whatever Samuel Alito’s wife was signaling, or the left was counter-signaling, the debate was not about flags but something else, in this case, the Supreme Court.  And in fact, the Supreme Court debate is really about the vacuousness of Congress. How about we end the nonsense over both flags and SCOTUS and impose term limits, add members to Congress, or some fundamental reform so that we can get back to using at least one flag, the Stars and Stripes, as a symbol of national unity and not as a totem for this or that cause.  It is the one symbolic flag that I hold dear.