The Congress shall have power to prohibit the physical desecration of the flag of the United States.
The amendment itself would not outlaw flag burning but would allow Congress to pass legislation that would do so. The necessary two-thirds vote was garnered in the House of Representatives but failed by one vote in the Senate to reach that threshold.
Would you favor amending the Constitution to give Congress the authority to outlaw flag-burning?
In his dissent in Texas v. Johnson, Chief Justice William Rehnquist made the case for outlawing the practice:
"The American flag, then, throughout more than 200 years of our history, has come to be the visible symbol embodying our Nation. It does not represent the views of any particular political party, and it does not represent any particular political philosophy. The flag is not simply another 'idea' or 'point of view' competing for recognition in the marketplace of ideas. Millions and millions of Americans regard it with an almost mystical reverence regardless of what sort of social, political, or philosophical beliefs they may have. I cannot agree that the First Amendment invalidates the Act of Congress, and the laws of 48 of the 50 States, which make criminal the public burning of the flag."
On the other hand, opponents of an amendment argue that while burning the flag is burning the symbol of freedom, outlawing the right to burn the flag as a sign of protest would, in fact, be outlawing freedom. Moreover, they argue that there has not been an epidemic of flag burning in the United States and amending the Constitution to outlaw something that is a rarity would not be worth the time.
What do you think?
While I disagree with someone burning the American flag I feel that to outlaw it strips away much of the very freedoms that the American flag represents. In America people are supposed to have the freedom to express themselves in any way they see fit (as long as they are NOT hurting other people or animals). If a person or persons feel that burning or desecrating the American flag is a way to express what they are feeling than as the “Land of the Free” we cannot take that freedom away from them.
ReplyDeleteI do not feel like anyone should burn the American Flag for any reason at all. I think that is a symbol of "Land of the Free", people just don't harm the Statue of Liberty for no reason why harm a flag that has very similiar meaning. I just really don't think that anybody in their "right" mind would want to burn the American flag for no reason at all-its the country they are living in.
ReplyDeleteOk, "desecrating" a flag in theory should be illegal. But if they made it a law and enforced it then a ton of people would be in violation. People who leave their flags out in the rain, let it touch the ground, etc. Simple things like hanging them out your car windows to get frayed all to pieces would have to be illegal as well. So all we can do is frown at the people who are burning flags in an attempt to stick it to the man.
ReplyDeleteAlso burning a flag is the proper way to retire an old flag. But obviously they're not talking about Boy Scout troops doing ceremonial burnings.
OMG, It's a flag for crying out loud. Sure burning one doesn't show that you are patriotic or proud of your country, but who really cares. It's not like you are planning to take down the country. You might just find that the American flag is ugly. I don't see any reason to burn a flag but I don't see any reason not to burn a flag. Didn't women burn their bras at one point? I figure this is kind of the same deal. People want to make a big deal out of it because apparently, we have nothing better to do. It all comes down to the fact that it is only a piece of fabric. It doesn't mean anything, except people know how to sew.
ReplyDeleteI don't think anyone should waste any time trying to outlaw burning the flag, there are bigger issues that need the attention instead. If someone wants to burn the flag and its not hurting or intimidating anyone and if no danger is caused by burning the flag then I say go ahead. Who cares?
ReplyDeleteI DONT FEEL THAT YOU SHOULD BE ABLE TO BURN A FLAG, THAT FLAG IS A REPRESENTATION OF THE UNITED STATES A COUNTY OR UNITY AND IT IS LIKE SAYING YOU DONT CARE ABOUT THE PLACE WE CALL HOME. IT IS A SYMBOL OF FREEDOM AND WHAT OUR FORE FATHERS HAS SACRIFICED FOR THIS COUNRTY. THERE ARE PLENTY OF WAYS TO EXPRESS YOURSELF LETS LEAVE THE FLAG OUT OF IT.
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