Thomas Wayne Joyce v. United States

MacKINNON, Circuit Judge:

Following the Declaration of Independence the Continental Congress, finding the Nation in need of a national flag to symbolize its unity and independence, on June 14, 1777 adopted the following resolution:

Resolved, that the flag of the United States be 13 stripes alternate red and white, that the Union be 13 stars white in a blue field representing a new constellation. 1

There is a legend that George Washington, who with Betsy Ross is generally credited with participating in the formulation of the design of the flag, said of its colors:

We take the stars and blue union…