Reply #50: Even if passed and ratified, it is NOT as hopeless as it sounds... [View All]

[WePurrsevere]

Although I oppose the amendment since it's opening the door to restriction of our 1st Amendment rights (not that I'd ever desecrate our flag... the thought makes me shudder) the amendment does not say specifically that the flag can't be desecrated or burned. The amendment as it's currently worded (there are 3 versions, one of which is the one that was just passed) would empower Congress to pass laws to ban flag desecration. Last time I checked what Congress passes... Congress can repeal.

Here's the exact wording (H.J.Res. 10 is the one just passed in Congress):

(H.J.Res. 5) “The Congress and the States shall have power to prohibit the act of desecration of the flag of the United States and to set criminal penalties for that act”

(H.J.Res. 10 and S.J.Res. 12) “The Congress shall have power to prohibit the physical desecration of the flag of the United States.”

Other then then obvious limitation this could put on the First Amendment, what bugs me the most about this amendment is how it's being portrayed as a Flag Burning/Desecration amendment but it's doesn't flat out state that no one may desecrate the flag. It sort of beats around the bush and opens a back door by giving the power to Congress to legislate it. If they want Flag Desecration truly banned... why not just make the amendment's wording reflect that flat out especially since an Amendment would be more difficult to repeal then a law?