Quote:
Originally posted by Hank Chinaski
Succinct, yet stupid. Did you go to law school? Once there is a constitutional amendment the Code becomes unconstitutional.
|
Did you fall on your head a lot as a child? The text of the proposed amendment is:
- `The Congress shall have power to prohibit the physical desecration of the flag of the United States.'
Burning is not necessarily desecration.
eta, in response to Burger:
I thought Atrios was pretty clear. He's not complaining about a potential conflict between the Constitution and the U.S. Code. He's pointing out that the purpose of the amendment is not to punish certain actions (e.g., burning), but to punish certain ideas (e.g., burning a flag in protest against the government, as opposed to burning it pursuant to the code).