LawTalkers  

Go Back   LawTalkers

» Site Navigation
 > FAQ
» Online Users: 708
0 members and 708 guests
No Members online
Most users ever online was 9,654, 05-18-2025 at 04:16 AM.
View Single Post
Old 06-22-2005, 05:30 PM   #911
Tyrone Slothrop
Moderasaurus Rex
 
Tyrone Slothrop's Avatar
 
Join Date: May 2004
Posts: 33,079
flag-burning

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).
__________________
“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar

Last edited by Tyrone Slothrop; 06-22-2005 at 05:33 PM..
Tyrone Slothrop is offline  
 
Powered by vBadvanced CMPS v3.0.1

All times are GMT -4. The time now is 12:58 PM.