"It doesn't but the USSC has ruled its political speech and is currently the law."
The USSC needs better justices. Another reason to vote Republican.
"All I'm saying is I hate to see the Constitution being amended in such a way. That should be messed with as little as possible and in fact too many amendments have been tagged onto it already."
Agreed. I am just pointing out that this flag burning stuff has nothing to do with the Constitution and can be handed by a good law and good justices in the SCOTUS.
Well they can keep trying then to pass new laws that are more narrowly defined and maybe a new court will hear it.
Under that definition, "better" justices would be those like Stevens, and "bad" justices would be those like Scalia.
Let me phrase it this way:
The purpose of the Constitution is to define the form and operation of our government, and to define limits to the powers of that government.
It is NOT a criminal code.
Flag burning, to me, belongs in the criminal code, not in the document that defines the shape of our government.
It's up to the Congress and the judicial branch to determine if a law against flag burning is within the powers of the government, but I would NOT amend the constitution to give the government a new power like this one where none existed before.