Why doesn't the Republican Congress pass a law banning flag desecration?

Question

instead of seeking a constitutional amendment? Do Republicans want to keep this as a wedge issue or what?

A federal law would be needed. Let's say Congress passes one, then the Supreme Court strikes it down. In the opinion(s), the Justices would state their objections, and then then law could be revised in order to pass their constitutional muster. So a couple of bills and trips to the S. Ct, especially w/ the new Justices, and we could have the law. Why hasn't Congress pursued this?

Nice site about the flag and discussion of constitutional amendment
http://www.usflag.org/amendment.html

Maybe I will get a better answer -- a Consitutional Amendment would need approval of 38 states. Congress could just pass a law, see what the Court says is wrong, change the wording...pass it again. These's a good bet the new Justices would approve it if written just so. Why don't Republicans try this?

Answer 1

Because it's already precedent, and it keeps the anti-speech conservatives grinding their teeth and voting conservative.

Answer 2

OH please recover from your self. the final element the Republicans want to do is see investigations into what handed off decrease than Bush. no longer to point out open themselves as much as offender prosecution. What anybody is indignant approximately at congress is they're able to't get prepared sufficient to throw Bush out. Or triumph over Bush's twelve vetoes in a one year and a 0.5. while he had none for the six years his celebration controlled each and every thing. the coolest element is that jointly as you are going to be able to tell your self this tale to get you to sleep at night, something of the yankee human beings be attentive to extra powerful, and, with twenty-9 Republicans retiring relatively than face the track, that's going to be a jointly as in the previous Republicans are decrease back interior the drivers seat. in fact, if the Democrats ever get their act jointly, it would be an exceedingly, very, long term.

Answer 3

An Amendment would be a sure thing. A law rejected by the supreme court is lost. the SC doesn't have to hear every law people want them to hear.

The Democrat Congressmen would have to answer to their supporters in Mexico, so they can't be counted on for support.

Answer 4

Because we have the Bill of Rights and the Constitution. We have and enjoy the right of free speech and assembly. Although I do not agree with anyone who would desecrate our Flag. I try to respect their rights. That is what my whole family has been in the military to protect....

Answer 5

It might be possible that it cannot be reworded so as to be acceptable to the SC