Can the President order states to lower their flags to half-mast?

[Boyo_Jim]

I work for the state govt, and I’ve seen plenty of similar emails to the one below, but always from the governor.

This was sent from the state police headquarters to our facility manager, who forwarded it to all staff. I’m also curious as to why it was farwarded through the state police rather than the governor’s office, but that seems more of a political question.

Good Morning,

Today marks one hundred and fifty years since April 15, 1865, when President Abraham Lincoln died of wounds suffered at the hands of an assassin.

Effective at sunrise on April 15, 2015, and ending at sunset on this date, the President of the United States of America has directed that Federal and State Flags shall be flown at half-staff at all buildings, grounds, and Military Installations of the State of Wisconsin, as a mark of respect for President Abraham Lincoln.

Presidential Order from Barack Obama

[ElvisL1ves]

Wiki:

In the United States, the President can issue an executive order for the flag of the United States to be flown at half-staff upon the death of principal figures of the United States government, and others, as a mark of respect to their memory. When such an order is issued, all government buildings, offices, public schools and military bases are to fly their flags at half-staff. Under federal law (4 U.S.C. § 7(f)), the flags of states, cities, localities, and pennants of societies, shall never be placed above the flag of the United States; thus, all other flags also fly at half-staff when the U.S. flag has been ordered to fly at half-staff. It is important to note that there is no penalty for failure to comply with the above law as to enforce such a law would violate the First Amendment.

So, 4 U.S.C. § 7 says he can.

[sitchensis]

The president deals with things of national significance. The governor with state or local. So if a supreme court justice dies, the president issues the order, but if 10 firefighters die in Oregon, the governor would issue the order.

[Musicat]

My flag has been known to fly at half-mast, but not because of Presidential Order, and while my girlfriend may be concerned, I doubt if it is of national significance.

[fachverwirrt]

@ElvisL1ves

Wiki:So, 4 U.S.C. § 7 says he can.

Although it also points out that there is essentially no way to enforce it.

[ElvisL1ves]

Legally, no. Somebody who refused the order would look like a prime asswipe, though.

[Musicat]

@ElvisL1ves

Legally, no. Somebody who refused the order would look like a prime asswipe, though.

Or an underground presidential candidate.

[Chronos]

Quoth Musicat:

My flag has been known to fly at half-mast, but not because of Presidential Order, and while my girlfriend may be concerned, I doubt if it is of national significance.

While I know this is a joke, in all seriousness anyone with jurisdiction over a flag can order it to be flown half-mast for any reason. A governor can order the flags in a state to half-mast, and a private citizen with a flagpole can fly half-mast to mourn Grandpa’s death if they want.

[Cabin_Fever_1]

I was out for a bike-ride today and noticed all the flags were at half-staff.
I didn’t realize until this thread it was for Abe Lincoln.
:smack:

[Simplicio]

@fachverwirrt

Although it also points out that there is essentially no way to enforce it.

Not through the courts, but I image most federal agencies, the military and State agencies have rules requiring flags at their facilities to obey the order, and employees that refused would end up getting some form of job related punishment.

[JohnGalt]

@Cabin_Fever

I was out for a bike-ride today and noticed all the flags were at half-staff.
I didn’t realize until this thread it was for Abe Lincoln.
:smack:

I saw it today and knowing it was Lincoln’s death anniversary, I had to look it up on my state’s website: Flags at Half Staff - Minnesota. Quoting:

In keeping with appropriate flag etiquette and U.S. Code, Minnesota Governor Mark Dayton may order the state flag to be flown at half-staff. He may also order the national flag to be flown at half-staff on state property only. A state flag on state property is required by law to be flown at half-staff if the national flag is flown at half-staff.

To preserve the integrity and special significance of lowering the flag, the Governor’s office will only issue proclamations to lower flags to half-staff under very limited circumstances.

So the governor can order Minnesota flags to half staff as well as national flags, but that applies to state property only. I assume the US Post Office and other federal installations simply follow the president’s order.

[boffking]

I noticed the flags at half staff today but I thought it was for the anniversary of the Boston bombing. Lincoln didn’t cross my mind at all.

[Musicat]

@boffking

I noticed the flags at half staff today but I thought it was for the anniversary of the Boston bombing. Lincoln didn’t cross my mind at all.

I’m sure you can find an excuse to lower the flag for any day in the calendar if you need to.

[Rick_Kitchen]

See http://halfstaff.org/ for why flags are flown at half staff for any particular day.