Recently there has been a brouhaha over Trump saying that burning the American flag should have consequences. There have been many responses. Perhaps the most common answer is that the Supreme Court has ruled that it’s legal, a part of freedom of speech.
I get that. There is a sense that one should have the right to speak out against the nation and this is one means of doing so. But is it really.
The first thing to remember is that technically the Supreme Court does NOT make law. That is the realm of Congress. It is only since FDR time that the Supreme Court has taken to making law – although Madison vs Marbury can be viewed as “making law”. But it took that bandit Cardozo to unhook Congress from the restrictions built into the Constitution. Ever since all branches of the federal government have acted unconstitutionally.
However, in these kinds of questions, it often helps to read the actual text. SO:
Congress shall make no law respecting an establishment of religion, or prohibiting the free expression thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Note that there is no comment there about burning the flag. Indeed, there is the word “peaceably” inserted and one could read that as burning the flag is no longer peaceable.
I believe the flag is a national symbol of the whole country, regardless of what your politics are. It imposes no restrictions on anyone, nor gives an advantage TO anyone. One can disagree about policy, philosophy, etc, but it’s still the country. Even if we changed the government system, it would be the same country.
I believe it should be protected. You can say what you want, but you can’t burn the country and you shouldn’t be able to burn the flag. The ‘tard from “Jefferson” who lectured Gov. Pence did it respectfully. He may have been a ‘tard, but he was within his rights to be a ‘tard and say what he did.
?What say you people.