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To: Modernman
Why do you think people keep pushing for a Constitutional amendment on this point?

Personally, I believe "people" keep pushing for a Constitutional amendment because the Supreme Court errantly defined the "act" of flag burning to be equivalent to "speech". Many of us draw the line where "speech" becomes "action". Correcting Supreme Court decisions is a long and lengthy process; just look at Roe vs. Wade. Fixing errant interpretation is a long way off. The Constitutional amendment option has become the "nuclear option" in this arena. You asked my opinion; I've given it. Personally, I'd rather correct the Supreme Court (on yet another issue), rather than amend the Constitution. But, if that is not a possibility, well ...
194 posted on 06/21/2005 11:13:29 AM PDT by so_real ("The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: so_real
Correcting Supreme Court decisions is a long and lengthy process; just look at Roe vs. Wade.

Now THAT is an amendment bandwagon that I would jump on, especially involving 'partial-birth' abortion!

197 posted on 06/21/2005 11:27:38 AM PDT by houeto ("Mr. President , close our borders now!")
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To: so_real
Personally, I believe "people" keep pushing for a Constitutional amendment because the Supreme Court errantly defined the "act" of flag burning to be equivalent to "speech".

I hope they also consider the following "acts" to continue to be equivalent to "speech": 1. Pressing keys to turn my words to text, despite the words themselves not being printed, but merely stored as electronic data or displayed on a screen. 2. Mailing form 180's weekly to a certain Senator. 3. Sign language.

The Constitution is only supposed to be narrowly interpreted when determining what rights it gives to the government, not to the people. The document limits the powers of GOVERNMENT.

I can do anything I want that does not infringe on the rights of others ... unless the government takes that right away. What right of mine is taken away when someone burns a flag they own? The right not to be offended? How very ... liberal.

On the other hand, an anti-flag burning law and/or amendment would violate my following "rights": 1. free speech (according to current law) 2. right to private property (or would ownership of all flags immediately revert to the state? Would we have to license flags down at the police department?)

And what would such an amendment entail, anyway? Is it only burning that is outlawed? Can I still piss on the flag? Wipe myself with it? Probably not.

Can I leave it flying at night without proper lighting? Can I be arrested for leaving it out in inclement weather? Can I be investigated if someone accuses me of flag-burning? Would there be a special class of people still allowed to burn flags? If so, what special people get to judge the intent behind the flag burning?

If my house burns down, and I had a flag inside, do I go to jail? What if I am properly, reverently disposing of the flag via burning, but make disparaging comments about the current administration while doing so? Would I be able to make disparaging comments about the flag itself? Would just threatening to burn a flag I own be illegal? What other symbols of the state would be protected?

We're supposed to be intellectually honest here ... why doesn't the flag burning amendment supporting side admit it's not the ACTION of burning a flag they oppose, but the sentiment behind it?

And then they can go and vote for all the additional hate crimes legislation they want.

When does everything that offends people get made illegal? They've already gotten to or whave tried to get to the following: 1. smoking 2. driving without a seatbelt 3. wearing perfume (in some places) 4. breastfeeding in public 5. guns 6. individuals praying on their own time in schools 7. private clubs selecting their own members 8. etc.

Maybe all of those aren't the same as flag-burning, but's it's a growing list.

198 posted on 06/21/2005 1:00:50 PM PDT by bobhoskins (I may have forgoten to actually make a point there.)
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