First, not only is such an amendment unconstitutional (as the document stands now), but it's completely impossible to enforce and would serve as nothing more than feel-good, pseudo-patriotic nonsense. The triumph of emotion over logic.
Second, what would count as a flag? Does it have to be cloth, or would large pictures drawn in crayon be covered? Do poster-sized glossy pictures of flags count? Could I be jailed for burning a tie or shirt with a big flag on it? What about those little flags on toothpicks that are in some desserts and drink; I guess it's 30 days for igniting a stack of those. What if the particular flag I am burning only has 12 stripes and 49 stars....is it official?
And why only flags? Shouldn't we also protect other symbols of America? The Statue of Liberty, the Constitution, the Declaration of Independence. I'll still be free to burn those, even though the sentiment is the same as burning a flag.
And you have no problem with such a law. Do me a favor. Take a stab at writing this law so that it isn't completely ridiculous.
Let me add a few comments. Kid Rock's flag poncho at the Super Bowl -- would he be arrested in the future? People wearing American flag shirts that have holes in them from use -- toss them in jail? This is a feel-good law that is unenforcable and will immediately (and rightfully) be struck down by the SCOTUS. With all the stuff the GOP needs to focus on right now, this is a rabbit trail we can't afford to waste time on.
Well put inkling... Just wish that SOTUS would get it right on campaign finance also!
Well, I agree it is a waste of time, but calling a Constitutional Amendment unconstitutional is assinine on that author's part. It would indeed be constitutional if it is part of the Constitution.