The Truth About The Misunderstood National Anthem

It's not what you probably think...

IT'S INTERESTING HOW SUCCESSFULLY the American public has been infected with confusion about the legal and institutional character of the "United States" (that is, the Washington-based federal government entity), along with their relationship with that entity. The way Americans view the "national anthem" offers a good example of this confusion.

Most Americans have this in-the-grain sense that the 'Star Spangled Banner' is, by law, "their song", to which they legally owe some kind of allegiance, respect, attention or ritualistic obligation. That is, most Americans believe themselves under some sort of duty as regards the song, by which they must or should rise and show obeisance to the flag, or just the song itself.

Nothing could be further from the truth.

THE FACT IS, the 'Star Spangled Banner' was designated the national anthem-- and originally just for military ceremonies-- by mere executive order (at the hands of the noxious Woodrow Wilson shortly before instituting big swaths of proto-fascism while flogging, cajoling and propagandizing Americans into the European abattoir known as "the Great War" right after winning re-election on the claim that he had kept us out of that madness during his first term...). By itself this reveals the anthem's real character-- it is a federal government theme-song, not an "American" anything.

Executive orders are nothing more than internal directives to federal government agencies and personnel. They have no relevance or authority outside of federal executive offices. They mean nothing more to American citizens not working for the United States than do the directives of the CEO of Sears Roebuck to anyone outside that organization.

In 1931 Wilson's directive was made more officially permanent by an act of Congress under the category of "Patriotic and National Observances, Ceremonies and Organizations". Its character didn't change at all, as can be readily seen by that categorization and the text of the enactment (codified at 36 U.S.C. § 301, in the same chapter as are designated the "national motto", "national floral emblem", "national march" and "national tree"):

(a) Designation.—

The composition consisting of the words and music known as the Star-Spangled Banner is the national anthem.

(b) Conduct During Playing.—

During a rendition of the national anthem—

(1) when the flag is displayed—

(A) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note;

(B) members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and

(C) all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart; and

(2) when the flag is not displayed, all present should face toward the music and act in the same manner they would if the flag were displayed.

SO, THE LAW MAKES CLEAR what should be done by everyone working in the Pentagon or the White House or any given "alphabet agency" when that song comes over the loudspeakers. But it has nothing to do with the rest of us (or even those others when they are not on the job).

It is no more appropriate for private persons to stand and uncover when the anthem is played (or to feel compelled to do so) than it is for private businesses to close-- or feel compelled to close-- on a "national holiday".

The contrary perception and reflexive behavior so many have had fastened upon them is really rather creepy when you think about it, right? All those American men and women who rise up and rotate en masse toward the federal totem like automatons when this particular tune begins, acting as though everyone is part of the federal machine -- it's like discovering that you're immersed in a gathering of the pod-people.

"Thinking about it" also makes clear the craziness of the current tempest about NFL players declining to play along. In fact, it makes clear that for football players to be expected, or worse, compelled to behave as federal personnel on the job are compelled to behave is seriously wrong, if not outright insidious.

However much the Poo-Bahs at the NFL might think presenting their boys as icons of flag-waving jingoism will sell more tickets, it really amounts to falsely pretending that these ballplayers are part of the United States military machine. This actually verges on illegality, as I read the law.

It's also disgraceful and fascistic. And involving kids in high school and college in the same theatrics is even more so.

Rather than arguing about whether players should stand or can kneel when the 'Star Spangled Banner' is played at the opening of an NFL game, we should stop playing it there. Or, if it is played, we should all sit it out.

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More About That "National" Title...

There's an important lesson being taught by the "national anthem" thing.

THERE'S A BROADER POINT to be made, or observed, from an understanding of the legal reality of the "national anthem". That legal reality nicely and accessibly illustrates the fact that the "United States" (as in, the federal government entity headquartered in Washington DC) is NOT the American people, or "America" in general (or in any respect whatever).

In fact, the "United States" is a discrete thing-- a little subdivision of America with its own special song, motto, tree, hierarchy of officers, and designated days of memorial and holiday. Although some Americans have adopted some of these things for themselves (and all have been encouraged to do so for reasons which will be discussed below), none of these things are of the American people. That is, "President's Day" is not YOUR holiday.

Perhaps the very best illustration of this fact is to be seen in the various federal fortresses implanted amongst the several states-- both the military outposts and the "federal buildings" in which federal courtrooms and other offices are located. Go visit one of these federal buildings sometime, if you never have before. You will very quickly realize that once inside those walls you are not in Kansas anymore.

IN DEFIANCE OF THE REALITY, Americans are heavily encouraged to treat "national" ceremonies and observances and totems as their own.  This is a crass "engineering of consent" attempt to cause a subconscious conflation of personal, individual identity and interests with the identity and interests of the state (which will be the partner who determines what those interests are, by the way-- it won't be you enjoying that power).

The kerfuffle about the NFL and the national anthem is an outstanding illustration of this fact. In 2009 the feds began paying NFL team owners to have players line up and take the position during the playing of the anthem, and to facilitate other jingoistic displays during high-profile sporting events. The idea is to condition kids and simple-minded adults into transferring to the state and its practices their adulatory enthusiasm for athletes and the starry-eye effect of all the high-powered pomp with which such spectacles are presented.

The purpose and effect in this co-opting of sports are akin to the subversion of another well-respected private institution-- our churches-- by way of the 501(c) ploy, which turns our ministers into cheerleaders for the state. Through both the sports-event co-option and that of our churches, the state seeks to make association with things we love be associations of love for the state and whatever it does.

DON'T LET YOURSELF be taken in. If you want to memorialize veterans on the same day as the feds designate, please do so, and bless you!

But don't think it's YOUR legal duty to do it on that day. And don't let Sunday-- either in the pew or after the tailgater-- be brainwashing day for you and your kids.