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mahatmakanejeeves

(61,759 posts)
Mon Dec 30, 2024, 08:28 AM Monday

Is is the law or just protocol that flags be flown at half-staff upon the death of a president?

I'm looking that up. All I can find is that this practice came about due to a proclamation by Dwight Eisenhower in 1954. Is this in the federal code?

If this is just policy and not part of the federal code, Trump can order that flags be raised just as soon as he's sworn in.

How long will flags fly at half-staff for Jimmy Carter?
by Addy Bink - 12/29/24 5:36 PM ET

(NEXSTAR) – Jimmy Carter, the 39th president of the United States, died “peacefully” in his Georgia home Sunday, the Carter Center confirmed. He was 100 years old. ... Carter, the longest-living American president, underwent a series of short hospital stays before being placed in hospice care in February 2023. He had “decided to spend his remaining time at home with his family and receive hospice care instead of additional medical intervention.”

To pay tribute to Carter, and in accordance with federal law, the flag was lowered to fly at half-staff Sunday. Flags on federal buildings and grounds in the U.S. and its territories, as well as all naval vessels, will also fly at half-staff. You will likely also see your governor issue a proclamation ordering flags to fly at half-staff at state government facilities.

According to a proclamation signed by then-President Dwight D. Eisenhower in 1954, because Carter is a former president, flags are to remain at half-staff for 30 days from the day of Carter’s death. ... This is the longest period possible for the flags to fly at half-staff, reserved for the death of the sitting president or former presidents, per the proclamation. ... Should the sitting vice president, chief justice (current or retired) of the Supreme Court, or the sitting speaker of the house die, flags would be ordered to half-staff for 10 days from the day of death.

For other officials – associate justices of the Supreme Court; a Cabinet member; a former vice president; the president pro tempore of the Senate; and majority and minority leaders of the House and Senate – flags are to fly at half-staff from the day of death until interment. ... Flags are flown at half-staff “when the whole nation is in mourning,” the U.S. Department of Veterans Affairs explains.

Tags Dwight D. Eisenhower Jimmy Carter
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Office of the Federal Register (OFR)
Home > OFR > Codification > Proclamations

Mourning the Loss of Former President Jimmy Carter
Today we mourn the loss of former President Jimmy Carter, a humanitarian, Nobel laureate, and the 39th President of the United States. His legacy of promoting peace, justice, and equality will forever be remembered. Our thoughts are with his family and loved ones during this difficult time. To learn more about funeral arrangements or leave a message of condolence for the Carter family, please visit www.jimmycartertribute.org/

Proclamations
Proclamation 3044--Display of the flag of the United States of America at half-staff upon the death of certain officials and former officials

Source: The provisions of Proclamation 3044 of Mar. 1, 1954, appear at 19 FR 1235, 3 CFR, 1954-1958 Comp., p. 4, unless otherwise noted.

WHEREAS it is appropriate that the flag of the United States of America be flown at half-staff on Federal buildings, grounds, and facilities upon the death of principal officials and former officials of the Government of the United States and the Governors of the States, Territories, and possessions of the United States as a mark of respect to their memory; and

WHEREAS it is desirable that rules be prescribed for the uniform observance of this mark of respect by all executive departments and agencies of the Government, and as a guide to the people of the Nation generally on such occasions:

NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America and Commander in Chief of the armed forces of the United States, do hereby prescribe and proclaim the following rules with respect to the display of the flag of the United States of America at half-staff upon the death of the officials hereinafter designated:

1. The flag of the United States shall be flown at half-staff on all buildings, grounds, and naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions for the period indicated upon the death of any of the following-designated officials or former officials of the United States:
(a) The President or a former President: for thirty days from the day of death. The flag shall also be flown at half-staff for such period at all United States embassies, legations, and other facilities abroad, including all military facilities and naval vessels and stations.
(b) The Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives: for ten days from the day of death.
(c) An Associate Justice of the Supreme Court, a member of the Cabinet, a former Vice President, the President pro tempore of the Senate, the Majority Leader of the Senate, the Minority Leader of the Senate, the Majority Leader of the House of Representatives, or the Minority Leader of the House of Representatives: from the day of death until interment.

[Sec. 1 amended by Proc. 3948 of Dec. 12, 1969, 34 FR 19699, 3 CFR, 1966-1970 Comp., p. 446]

2. The flag of the United States shall be flown at half-staff on all buildings, grounds, and naval vessels of the Federal Government in the metropolitan area of the District of Columbia on the day of death and on the following day upon the death of a United States Senator, Representative, Territorial Delegate, or the Resident Commissioner from the Commonwealth of Puerto Rico, and it shall also be flown at half-staff on all buildings, grounds, and naval vessels of the Federal Government in the State, Congressional District, Territory, or Commonwealth of such Senator, Representative, Delegate, or Commissioner, respectively, from the day of death until interment.

3. The flag of the United States shall be flown at half-staff on all buildings and grounds of the Federal Government in a State, Territory, or possession of the United States upon the death of the Governor of such State, Territory, or possession from the day of death until interment.

4. In the event of the death of other officials, former officials, or foreign dignitaries, the flag of the United States shall be displayed at half-staff in accordance with such orders or instructions as may be issued by or at the direction of the President, or in accordance with recognized customs or practices not inconsistent with law.

5. The heads of the several departments and agencies of the Government may direct that the flag of the United States be flown at half-staff on buildings, grounds, or naval vessels under their jurisdiction on occasions other than those specified herein which they consider proper, and that suitable military honors be rendered as appropriate.
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Is is the law or just protocol that flags be flown at half-staff upon the death of a president? (Original Post) mahatmakanejeeves Monday OP
"shall be" is the key here. underpants Monday #1
All I can find is proclamations, not a part of the US Code. mahatmakanejeeves Monday #2
Trump doesn't have to follow any laws. Irish_Dem Monday #3

underpants

(187,525 posts)
1. "shall be" is the key here.
Mon Dec 30, 2024, 08:37 AM
Monday

President Biden will order it, there’s a process to officially do that, and Trump probably can rescind it. The imagery of the flag being at half-staff signifying loss is too much for his fragile superficial ego.

It has been declared for Federal purposes
https://starsandstripesdaily.org/



Gov. Youngkin (Va) apparently hasn’t done so yet.
https://www.governor.virginia.gov/constituent-services/flag-information/

mahatmakanejeeves

(61,759 posts)
2. All I can find is proclamations, not a part of the US Code.
Mon Dec 30, 2024, 08:48 AM
Monday

Anybody?

Google: Proclamation 3044, 3 CFR, 1954-1958 Comp., p. 4

https://www.google.com/search?q=Proclamation+3044%2C+3+CFR%2C+1954-1958+Comp.%2C



Richard Nixon
37th President of the United States: 1969 ‐ 1974
Proclamation 3948—Amending Proclamation No. 3044 With Respect to Display of the Flag of the United States of America at Half-Staff Upon the Death of Certain Officials and Former Officials
December 12, 1969

By the President of the United States of America

A Proclamation
I, Richard Nixon, President of the United States of America and Commander in Chief of the armed forces of the United States, do hereby proclaim that Proclamation No. 3044 of March 1, 1954, prescribing rules with respect to the display of the flag of the United States of America at half-staff upon the death of certain officials, is amended by substituting for subsection {c} of section 1 thereof the following:

"{c} An Associate Justice of the Supreme Court, a member of the Cabinet, a former Vice President, the President pro tempore of the Senate, the Majority Leader of Senate, the Minority Leader of the Senate, the Majority Leader of the House of Representatives, or the Minority Leader of the House of Representatives: from the day of death until interment."

In Witness Whereof, I have hereunto set my hand this twelfth day of December, in the year of our Lord nineteen hundred and sixty-nine, and of the Independence of the United States of America the one hundred and ninety-fourth.



RICHARD NIXON

Richard Nixon, Proclamation 3948—Amending Proclamation No. 3044 With Respect to Display of the Flag of the United States of America at Half-Staff Upon the Death of Certain Officials and Former Officials Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/287243

Irish_Dem

(59,930 posts)
3. Trump doesn't have to follow any laws.
Mon Dec 30, 2024, 09:04 AM
Monday

He has total immunity.

There is no one who can make him follow laws, rules, customs, protocol.

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