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Badger Blog Alliance Asks: Why are some people so against the flag protection amendment?

Badger Blog Alliance Asks: Why are some people so against the flag protection amendment?

My answer to this is threefold:

  1. There is no epidemic of domestic flag-burning
  2. I see no future constitutional crisis if one breaks out
  3. There are more important amendments to consider first

Update: Dan of TDAXP has changed my mind. Read about it in the comments.

3 Responses

  1. Pushing back against a zealous antiAmericanist judiciary — or at least standing up for the right of Congress to pass laws consistent with the Constitution — is a priority for the American government. I’d prefer a “federalist” flag burning amendment — The Right of the States to ban desecration of the Flags of the several States or of the United States shall not be infringed — but demonstrating the harm the Courts have had through the amendment would not be a bad thing.

    Ultimately, I don’t care much one way or another. But to argue “We can’t do X, because we could also do Y” was a classic fallacy of Iraq War opponents. Those doves who suddenyl became Hawkish on North Korea said “We can’t go into Iraq, because North Korea is so much worse.” Well, perhaps, but the correlation of forces to do X exists now, and that’s part of the calculation too.

  2. Dan you are are right. I had not even considered the effects of the “zealous anti-Americanist judiciary”. That what I get for not reading your blog before I start posting to my own.

    I have been very attuned (perhaps a bit paranoid) regarding the anti-American elements in the U.S., so maybe I was trying not to think about that.

    The amendment has clear anti-lawfare attributes too.

    I initially worked from the premise that anti-flag burning amendment would have at best a trivial positive effect. Given that, and the unlikelihood that at best a more then a few potential amendments that I liked were likely to be adopted, I thought it best to conserve political change capital.

    However, I have now had a change of heart, an anti-flag burning amendment should be passed.

  3. I didn’t even think of the lawcare connotations — good catch!

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