There are so many things demanding our attention that lots of things never attract at all or, just as likely, more current distractions have elbowed past knowledge out of the way, with a few of them falling off our memory radar altogether.
This might be one of them. Biden ordered all flags flown at half-staff in honor of the passing of President Jimmy Carter, the worst president until Obama, and then until Joe Biden. This was petty and unnecessary, but so has just about everything Joe had done, especially since his usurper lost the most recent presidential election.
The federal Flag Code, 4 USC § 7(m), already requires the American Flag to be flown at half-staff for 30 days following a former President’s death. Since former President Carter croaked on December 29th, flags should be cranked-down until January 28th, which unfortunately throws a depressing wet blanket over all of Inauguration week.
But on the other hand, the immediately preceding section of the Flag Code, 4 U.S.C. § 6(d), titled ‘Time and occasions for display,’ provides that “The flag should be displayed on all days, especially on … Inauguration Day, January 20.” Sane legal readers interpret the word “displayed” to mean “at full staff.” So, in highly unusual circumstances like this one, § 6 creates potential tension with § 7.
Lawmakers never considered this type of flaggy conflict arising between living and dead presidents. I mean, what are the odds?
In any case, the statute was meant to provide a reliable list of common flag standards, not create a legal quagmire. The U.S. Flag Code is not enforceable. It has no penalties for violations, neither civil nor criminal (as flag-burning protestors know well). Plus, the Code expressly allows a sitting President to modify any of the flag rules, 4 U.S.C. § 10, so Trump could immediately order the flags raised right after being sworn in.
“Florida (has) joined Texas, Alabama, Iowa, Tennessee, and Nebraska” in announcing their intention to fly flags at full staff on Jan 20 for the presidential inauguration. I don’t expect any of the blue states to do this, not out of respect for Carter but because they are in the morning at having backed Kamala and lost just like they deserved.
This, of course, begs the question: what is your state doing? Is mine, New Hampshire, going to fly full staff on J20? I have no idea. I’m not even sure we’re flying at half-staff in honor of the peanut farmer. I suppose we are, but I’ve not been near any flagpoles in a while, so pardon me for not knowing.
We’re also between governors digitally speaking. Sununu’s gone, and Ayottes in, so whatever Sununu did isn’t (when Carter passed and Joe so ordered) on Ayotte’s freshly minted Gubbnuh page.
Elsewhere,
And as for the Capitol grounds, where President Trump will take the oath, House Speaker Johnson suspended Carter’s 30-day mourning period to allow flags at the U.S. Capitol to fly at full staff for Trump’s inauguration next week. Everywhere else in DC they’ll remain at half-mast.
It turns out that New Hampshire has a flag page. You can even sign up to get email alerts about flag status because who would want to get caught with their flags down or up when they should be one or the other?
Governor Sununu Directs Flags to Half-Staff in Honor of President James Earl Carter, Jr.
Concord, NH – In accordance with the President’s Proclamation, Governor Chris Sununu has directed all flags on all public buildings and grounds in the State of New Hampshire to fly at half-staff for 30 days until sunset, Tuesday, January 28, 2025.
“President Carter was deeply devoted to his country and committed his life to serving the American people,” said Governor Chris Sununu. “Known for his kindness and compassion to all, President Carter’s legacy serves to inspire us to have a positive impact on the lives around us.”
Like many things, Mr. Sununu’s PR leaves much to be desired, at least for accuracy, but we agree that this was not the place for such venting if he, in fact, had it in him. He might like peanuts, and this informs his political opinion much the way he decided to sign a bill to let men loiter in women’s bathrooms.
It just felt right, you know?
I doubt Governor Ayotte agrees, but we’ll have to wait to find that out. Until then, will we raise our flag to full staff on Jan 20th? I sent the question to the governor’s office. I’ll let you know when I hear back.