It's also important to recognize the difference between a law against burning a flag and an amendment.
If a law is past against burning a flag a person can burn a flag to get arrested and then take the civil liberty case to the Supreme Court where, most likely, the law will be found unconstitutional.
But...
If an amendment is some how successfully passed to make flag burning illegal the same process will not work. By the very nature of the 'law' now being an amendment to the constitution it can not be found to be unconstitutional.
The thing that's even worse is that the attempt to pass this amendment is less that the politicians really care about people burning flags or not, they are just grand standing in the homes of garnering more votes come this November.
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timeasmymeasure
no subject
Date: 2006-06-29 08:38 pm (UTC)If a law is past against burning a flag a person can burn a flag to get arrested and then take the civil liberty case to the Supreme Court where, most likely, the law will be found unconstitutional.
But...
If an amendment is some how successfully passed to make flag burning illegal the same process will not work. By the very nature of the 'law' now being an amendment to the constitution it can not be found to be unconstitutional.
The thing that's even worse is that the attempt to pass this amendment is less that the politicians really care about people burning flags or not, they are just grand standing in the homes of garnering more votes come this November.
-PT