The Corner

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Grand Old Flag Amendment


Why all the opposition to the Flag Amendment? In 1988 during the administration of Ronald Reagan 49 states and the Federal government had laws prohibiting flag desecration (not free speech, but physical action.) What the Flag Amendment does is restore legislative power that existed with the states and the Congress from 1789 to 1989 (until the 5-4 Supreme Court decision in 1989), If outlawing physical flag desecration limits free speech, than free speech was very limited, indeed, in Ronald Reagan’s America. Ramesh is right tactically, they way to restrain judicial activism is vigorous use by the Congress of Article 3, Section 2 (removing the Court’s jurisdiction). My extended view here.