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Reply to Roy Peters

True, but it is _currently_ protected by the Constitution, under the most recent decision by the U.S. Supreme Court, in Texas v. Johnson. It will certainly not be protected once the amendment passes. For that matter, a simple amendment repealing the 13th amendment would make slavery Constitutional again. It still wouldn't make it right.

>And I feel certain that either by "jurisprudence", specific waivers contained in the
>laws, or by reasoned common sense, sun shades, fourth of july cakes, postage
>stamps, and decals on the back of cars would be (or become) exempt from prosecution.
>
Most likely. It is probably the case that the States will regain control to re-instate the laws they had before, and use them wisely. However, since the amendment does not provide for this in any way, simply stating that Congress and the States shall have the power to.. there is absolutly no protection against such a poor interpretation of the intent of the law. A law against postmarking postage stamps would be upheld without recourse to the Constitution. It would not likely get passed, but it could.

>Faded, no longer serviceable flags, are themselves burned. However, this
>"flagburning", because of its very necessity to keep the flag from becoming
>desecrated, is not an issue. The key factor is the preservation of the sanctity of
>the flag as a symbol of our country.

I think it's the heart of the issue. It's the reason that the SC voted against those laws in '90 (one of them, anyway.) It's punishing thoughts, not actions.

>
>Notice that you asked for other instances that might become illegal if the
>"flagburning" amendment becomes law. I seriously doubt that the ceremonial burning
>of unservicable flags would ever be even remotely considered desecration.

So do I. But can you, or anyone else, guarantee that? No.

I can predict with fair accuracy that flags will no longer be legal to use on advertising, (judging from the U.S. Code, 36 USC Sec. 176 ) clothing, or costumes, including athletic gear. That's bad enough.


Warren S. Apel