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Flag Protection Amendment Fails in Senate

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MacombMonitor

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What does this say about our politicians?


Flag Protection Amendment Fails in Senate

(CNSNews.com) - A flag protection amendment that would give Congress the authority to criminalize flag desecration failed Tuesday to garner the two-thirds vote needed in the Senate.
 

SCPD

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Flag buring is protected under Freedom of Speach. That's why it failed.
 
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Mick

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Howdy. They were considering making it a Constitutional Amendment, something the Courts would have had no jurisdiction over.
KG4WHM said:
Flag buring is protected under Freed of Speach. That's why it failed.
 

SCPD

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Mick said:
Howdy. They were considering making it a Constitutional Amendment, something the Courts would have had no jurisdiction over.
Until someone is convicted, if it would have been passed, then that person would have a good appeal. The supreme court more than likely would hear the person's case and I believe would have ruled that the amendment would be unconstitutional.

That is all hypothetical since the amendment did not pass the senate. There would not have been enough individual state legislative branches oking the amendment if it would have passed the house and senate.
 

MacombMonitor

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Personally I feel this really pushes the envelope. My personal feeling is that burning the flag of the United States, anywhere in the U.S., should be considered an act of treason!

The point I'm trying to make is that this "Freedom Of Speech" is not equal for everyone. What do you think would happen if I, a U.S. Citizen, here in the U.S. were to publicly burn the flag of another country in a neighborhood that was predominately populated with that countries nationality? I would be arrested immediately and charged with ethnic intimidation. Yet if they burn the U.S. flag, I'm supposed to tolerate it? It seems these days the less American you are, the more American rights you're entitled to.
 

SCPD

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MacombMonitor said:
What do you think would happen if I, a U.S. Citizen, here in the U.S. were to publicly burn the flag of another country in a neighborhood that was predominately populated with that countries nationality?I would be arrested immediately and charged with ethnic intimidation.
No you would get your ass kicked first.:wink:

MacombMonitor said:
Yet if they burn the U.S. flag, I'm supposed to tolerate it?
NO! You kick their ass.:lol:
 

SCPD

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If you burn a flag during a protest it is no longer a peaceful assembly. At that point it becomes a riot or an attempt to start a riot.
There are laws that can be enforced if people do burn the American flag.
 

richster

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KG4WHM said:
Flag buring is protected under Freedom of Speach. That's why it failed.
You're politicians are doing a good job by protecting you're rights and freedoms.

In the early '90s when I was in college, I was friends with a chinese exchange student. One night on the news, we were watching some demonstration in the USA involving the flag being burned.

My friend was shocked, figuring those demonstrators were toast (by the Gov't). He thought this because some of his freinds in the Tiananmen Square China incident in '89 burned the Chinese flag durning that world famous protest. He said they are all now in prison serving indefinate sentances because they burned the flag. They were labelled enemies of the country.

I told him that nothing will happen to those people we are watching now in the US because they are protected by rights.

He said quote. "WOW, now that's freedom."

Regards,
Richster.
 

MacombMonitor

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I guess it depends on when, and how you were brought up. When I was young I was taught to believe it was a crime, or a sin if you ever let the flag touch the ground! Today, to see someone burn it, is very difficult for me to deal with.

I found this site to be very interesting:


When and How to Display the U.S. Flag
The United States Flag Code stipulates that as the symbol of a living country, the flag is considered in itself a living thing and should be properly displayed and cared for. The code outlines the proper ways to display the American flag.

http://www.infoplease.com/spot/flagetiquette1.html
 

Radio1114

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I agree with you there.I believe your flag is your country.And if you are going to burn it then you are not standing up for your country.I was taught to believe in my country and if I am not happy with it then leave.Just my opinion.
 

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Hello. That's the thing, if Congress makes an amendment to the Constitution, courts have no jursidiction over it and cannot overturn an amendment. There's an excellent article on this issue in the Wall Street Journal's Opinion Journal at:
http://www.opinionjournal.com/best/?id=110008574

"Sixty senators had signed on as sponsors, with 67 needed to propose the amendment. The House approved it last year, 286-130, so you can see how divisive an issue this had been."

"Burning the flag is a stupid and ugly act, but there is something lovely and enlightened about a regime that tolerates it in the name of freedom. And of course it has the added benefit of making it easier to spot the idiots."

KG4WHM said:
Until someone is convicted, if it would have been passed, then that person would have a good appeal. The supreme court more than likely would hear the person's case and I believe would have ruled that the amendment would be unconstitutional.
 

NeFire242

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KG4WHM said:
If you burn a flag during a protest it is no longer a peaceful assembly. At that point it becomes a riot or an attempt to start a riot.
There are laws that can be enforced if people do burn the American flag.
Ok Nate, shoot me some laws about this one Mr. CJ guy. =Þ

I agree we should have the right to burn it. Everyone should have the right to burn any flag, as long as their laws allow them the freedoms like ours does.

Of course no one probably has enough time since they're too busy volunteering at their local school, PTA, church, CERT, civic group, RACES, ARES, REACT, whoever, and don't forget jury duty, and helping to register people to vote.
 

SCPD

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Mick said:
Hello. That's the thing, if Congress makes an amendment to the Constitution, courts have no jursidiction over it and cannot overturn an amendment.
Yes they do. The courts are not in the "construction process" but they can rule a law or an amendment unconstitutional. It has to brought to them.
This from my Courts and Judicial Processes book "the justices cannot address an issue unless litigant brings it before them."
That is part of the check and balance system.
 

NeFire242

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Mick said:
if Congress makes an amendment to the Constitution
Wow, you'd think they'd be a tad bit busy trying to resolve this little conflict overseas. Well, that and trying to pass a raise in for themselves.
 

Southtown800

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i dont care what anyone say's about "The Right to assemble" and protecting freedom of speech....it goes way beyond that when someone wipes their ass on our constitution to sit publicly and burn old glory, that is the most ridiculous thing i have ever heard, i dont care what rights by constitution protects someone, if i see someone burning my flag, in my country, in my town, i am gonna do something about it, it's not our fault we have other countries who hate us, We as people never asked for it, our goverment does 99.9% of the talking for us, we have every single race, color and ethnicity , creed, religion and whatever else i can think of, and that does not qualify us as evil, they may want to burn us down, slam planes into us, kills us and piss on us, but that will never crush us as people, as AMERICA, and i think if you live here, you reep the benifits of working, living, buying, and being here, then there should be a law against burning a flag,

So next time someone goes in public and say's "Let's repear 9-11 all over again i hate america"

i dont want to hear "Freedom of speech" or anything like that, this is going to far to protect words and rights and this and that, when we let people piss on us to protect what they can say or do because the goverment is to scared to get a lawsuit,

THIS IS AMERICA, WE ARE AMERICANS, AND YOU WOULD NOT WANT SOMEONE IN YOUR NEIGHBOOR HOOD BURNING YOUR FLAG INFRONT OF YOUR KIDS,
 

SCPD

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Southtown800 said:
, then there should be a law against burning a flag,
It is in Nebraska.

State of Nebraska Statutes


Section 28-928
Mutilating a flag; penalty; flag, defined.

(1) A person commits the offense of mutilating a flag if such person intentionally casts contempt or ridicule upon a flag by mutilating, defacing, defiling, burning, or trampling upon such flag.

(2) Flag as used in this section shall mean any flag, ensign, banner, standard, colors, or replica or representation thereof which is an official or commonly recognized symbol of the United States or the State of Nebraska.

(3) Mutilation of a flag is a Class III misdemeanor.

Source:
Laws 1977, LB 38, § 213
~ Reissue Revised Statutes of Nebraska
 
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