Bills of Congress by U.S. Congress

H.R.3609 - Remove the Stain Act (119th Congress)

Summary

H.R.3609, the "Remove the Stain Act," seeks to rescind Medals of Honor awarded for actions during the Wounded Knee Massacre in 1890. The bill highlights findings that the massacre resulted in the deaths of approximately 350-375 Native American men, women, and children and that awarding Medals of Honor for participation in the massacre is a disservice to the integrity of the United States. The bill directs the Secretary concerned to remove the names of those awarded the medals from the Medal of Honor Roll but does not require the return of the medals or deny any individual any benefit from the Federal Government.

Expected Effects

If enacted, the bill would formally rescind the Medals of Honor awarded to soldiers involved in the Wounded Knee Massacre. This action aims to address historical injustices and uphold the integrity of the Medal of Honor. It would also serve as a symbolic gesture of reconciliation with Native American tribes.

Potential Benefits

  • Addresses a historical injustice by rescinding medals awarded for actions during a massacre.
  • Upholds the integrity and prestige of the Medal of Honor.
  • Symbolically promotes reconciliation with Native American tribes.
  • Reinforces the principle that military honors should not be associated with acts of violence against unarmed civilians.
  • Acknowledges past wrongs and promotes a more accurate and ethical understanding of history.

Potential Disadvantages

  • May be viewed by some as an attempt to rewrite history or diminish the service of past soldiers.
  • Could potentially open the door to re-evaluating other historical military actions and awards, leading to controversy.
  • May not fully satisfy all Native American groups or address the broader historical grievances related to the Wounded Knee Massacre.
  • Could be perceived as a symbolic gesture without addressing the underlying systemic issues affecting Native American communities today.
  • Potential for political division and debate regarding the appropriateness of rescinding historical military honors.

Constitutional Alignment

The bill's alignment with the Constitution is complex. Congress has the power to legislate and regulate the armed forces (Article I, Section 8). Rescinding medals could be seen as an exercise of this power. However, some might argue that it infringes upon the honor and recognition previously bestowed, potentially raising questions related to due process, although the bill explicitly states that no benefits will be denied. The bill also aligns with the spirit of promoting the general welfare by addressing historical injustices.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).