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June 28, 2006

The Flag Burning Amendment

The Flag Burning Amendment failed by 1 vote. Good, sez I, as I don't like amending the Constitution for issues like this. There are other remedies the Congress can take - legislative remedies to remove the issue from the purview of the Courts (all perfectly legal under the Constitution) and put the issue back with the Legislative bodies, where it properly belongs. When the Courts decide, the issue is vigorously debated by lawyers in front of lawyers. When the 51 legislatures decide - the issue is argued by a heckuva lot of people, and a greater societal consensus is formed, while leaving room for experimentation and regional values to assert themselves, vice New York, Washington, and Los Angele's values being imposed on everyone. As for me - as I have said before - I've worn that flag on my shoulder as an aiming reference point for people who hate the flag and all it stands for - I say let 'em burn 'em. It just makes target identification easier. In a political sense, people, get a grip!

I think, though, that AP writer Laurie Kellman missed the boat in this bit of analysis that opens her piece:

By LAURIE KELLMAN, Associated Press Writer Wed Jun 28, 6:39 AM ET WASHINGTON - The narrow defeat of a proposal to ban flag desecration marks the second time in a month Senate Republicans have lost bids to amend the Constitution in ways designed to inspire social conservatives to vote in the midterm elections.

The failure of the questions *are* exactly what they intend to inspire the voters to vote. To change the demographics of the Senate and House to make things like that pass.

I would note a significant difference in approach between the parties on the issues... the Democrats seem to prefer to find a judge or 5 to get their agenda passed if they can't otherwise, thereby bypassing the people (who are obviously stupid or deluded) altogether in favor of a an unelected oligarchy (who are smarter and wiser than the collective 'we' are) - the Republicans prefer to send the issue to the states, where the people have a voice in the process, and a super-majority have to agree. Which is the more democratic way of accomplishing legislative and policy objectives?

You can read the whole piece here.

Heh. The issue makes for strange bedfellows. ;^ )

John | Permalink | Comments (20) | Politics
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