Should the issue of flag burning be decided by the supreme court or by the states?

Answer 1

It has already been decided by the states.
Back when country was founded, what few states there were ratified the Constitution and the first amendment.

The Constitution can be revised by an amendment, which is voted for by state Representatives, they represent their states.

should the bill have gone through the amendment to the Constitution would have to be ratified by the states themselves rather than Representatives.

there through representation the states or rather the people have spoken.

The supreme court does its job interpret if a law infringes on the Constitution, and flag burning laws do infringe.


I know what your getting at by state by state but the matter is a constitutional first amendment question and laws passed on the state level will eventually reach the courts to be tested against the Constitution...sorry.

The state has a remedy in the courts, and its own legislative meaning why not legislate that all flags be made from fire proof materials.

Answer 2

While I personnaly am opposed to people burning the flag of my country, I spent many years in the military to defend thier right to do so.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

The divisive issue of flag burning as a form of protest came before the Supreme Court in 1989, as it decided Texas v. Johnson. The Supreme Court reversed the conviction of Gregory Johnson for burning the flag by a vote of five to four. Justice William J. Brennan, Jr. asserted that "if there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply because society finds the idea offensive or disagreeable." Many in Congress vilified the decision of the Court. The House unanimously passed a resolution denouncing the Court; the Senate did the same with only three dissents. Congress passed a federal law barring flag burning, but the Supreme Court struck it down as well in United States v. Eichman (1990). Many attempts have been made to amend the Constitution to allow Congress to prohibit the desecration of the flag. Since 1995, the Flag Burning Amendment has consistently mustered sufficient votes to pass in the House of Representatives, but not in the Senate. In 2000, the Senate voted 63–37 in favor of the amendment, which fell four votes short of the requisite two-thirds majority.

Answer 3

The States.

Answer 4

Supreme court - I believe issues concerning individual liberties of the nation as a whole should always be decided by the Supreme Court.

Answer 5

If it is decided by the states via the presently proposed Constitutional ammendment, then the Supreme Court will not be able to decide the issue.

Answer 6

I think that this whole issue on flag burning is a distraction from the Iraq issues. There are far more important issues that they should be focusing on than flag burning. There's the education issues in Tennessee where they are so desperate for teachers to an extent that they are willing to hire people without credentials to go and teach in these school districts, that is disturbing to me. There are the health care issues and so on and so forth, so I think they should focus on life and death issues and also the education of the next generation. Thanks for reading.

Answer 7

The supreme court since it a national issue. It is sad that it should be one.

Answer 8

The supreme court, it will effect the nation and is a national issue

Answer 9

This is a no brainer. If you were born in this country, you should respect what your country stands for. And yes, that means respect your flag. All the men and women who died for her are disrespected every time one goes up in flames. You mite as well be one of those *** holes up north that are against gays and protest dead soldiers. That is not free speach. That is turning against your own country. These people should be punnished by the law.

Answer 10

the supreme court, but it should be one that would uphold texas v. johnson. (therefore, not the current one)