Friday, June 24, 2005

As to the flag-burning amendment: My big objection has always been that it concedes the Left's point. "Well, yeah, it's allowed under the First Amendment [which may, in fact, be true], which is why we need an amendment to prevent it." This leads us to try to sully a fine document with endless responses to individual cases (most notably abortion) instead of putting the courts in their place.

Of course, here, the law does not say states may outlaw it, it says it is illegal, which is even worse. Federalism, anyone? Of course, that ties in to the whole emiment domain discussion now going on in light of this latest decision. But I see that's more complicated, it seems, thanks to the legal minds at National Review. (Speaking of which: God bless Victor Davis Hanson. And again.)

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