The 89 Supreme Court ruling would make that illegal. They forced the need for an Amendment.
While the Republican Congress fiddles with amendments that make nothing but statements, they cannot even try and pass a comprehensive immigration reform bill. It's unfortunate they won't have time to deal with judicial nominations, budget deficits, 13 annual appropriations to keep the government running, and a few other items that will go unattended this year.
But we'll spend a week or more arguing about banning flag burning, while ignoring the millions who routinely abuse the flag by wearing it, miscarrying it, flying it dirty and in inclement weather, and improperly storing it. Nor do we mind shoving our flag in peoples' faces if we don't like them much. Does all of that go into the amendment? I think I've seen one domestic flag burning this year in the news. And as disgusting as it was to me, it hardly rose to the level of a constitutional amendment.
I wonder if this is all the Republicans have to bring to the voters this Fall? I certainly hope not.