The 254-177 vote–34 short of the two thirds necessary for passage–capped a year-long legislative fight that began with the Supreme Court’s decision last June to strike down a Texas flag-desecration statute. The battle moved into its final phase two weeks ago, when the court struck down a similar 1989 federal law on First Amendment grounds. The amendment proposal moves this week to the Senate, where even supporters were pessimistic about its chances.

A number of Republicans had been openly gleeful about the soundbite potential of patriotic politics, and the amendment initially seemed likely to sail through. Both supporters and opponents credit House Speaker Thomas S. Foley with turning around the vote. “It was his fight,” says one i House Democratic aide. With out casting the issue as a test of party loyalty, Foley appealed to principle, saying that while every country has a flag only America has a Bill of Rights. The Speaker managed to convince enough congressmen that they could survive a vote against the flag amendment. Indeed, as the debate proceeded in the House, lawmakers discovered that flag-burning had lost some of its power to fire up voters–and that flag-waving by manipulative pols was putting the public off. Knowing that must have made it easier for wavering congressmen to vote their newly found consciences.