Burning the Flag, Trump and our Black Robed Masters

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Trump is catching flack for tweeting that flag burning should be against the law and that those who do should suffer a penalty, for example a year in jail or loss of citizenship.  Of course the idea that those who burn the flag should be subject to severe criminal penalties would have been non-controversial throughout the vast majority of the history of the Republic.  It was not until Texas v. Johnson (1989), in a 5-4 decision that crossed ideological lines, that the Supreme Court found unconstitutional all anti-flag desecration laws.  The decision was a particularly silly example of a trend in the Court of confusing conduct and speech, and thus finding an action worthy of first amendment protection.  The lunacy of this, is that almost all conduct carries a speech component.  The Court picks and chooses the conduct it wishes to enshroud in constitutional protection.  Walking nude in public for example can be a form of protest.  Indeed, a group of Quaker women in colonial Boston engaged in a naked promenade to protest Puritan persecution of the Society of Friends.  Yet, the Supreme Court has declined to strike down laws that ban public nudity.  The Court thus designates itself the arbiter of what conduct should have legal protection.  I prefer that such a role be granted to legislatures.  Legislators can be voted out.  Supreme Court justices are frequently with us for generations as they grow old handing down the law to we lesser breeds.  Besides, it is easy to change the law, and hard to amend the Constitution, unless one happens to be one of our nine Platonic Guardians.  The Supreme Court, in effect, swiftly amends the Constitution each year by majority vote of the Court and the rest of us are left to deal with freedoms often infringed as a result, especially our most important freedom:  the right to rule ourselves.








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  1. “The Supreme Court swiftly amends the Constitution each year and the rest of us are left to deal with freedoms often infringed as a result, especially our most important freedom: the right to rule ourselves.”

    Great insight Donald. Trump should start Tweeting: Lawless Supreme Court amends Constitution whenever it wants. Not good.

  2. “It was not until Texas v. Johnson (1989), in a 5-4 decision that crossed ideological lines, that the Supreme Court found unconstitutional all anti-flag desecration laws. The decision was a particularly silly example of a trend in the Court of confusing conduct and speech, and thus finding an action worthy of first amendment protection.”
    But I bet that the non-action of a Christian baker not baking a wedding cake for sodomites will be an unprotected non-action. Now that’s true lunacy.

  3. Justice Roy Moore.
    A possible black robed master that could help straighten the crooked road in the Supreme Court. Alabama law makers would come apart at the seams if Moore made it in.

  4. Thing is Michael, Trump has no problem with the concept of the lawlessness of the Supreme Court when it comes to same sex marriage. This latest tweet from DaDonald about flag burning is just him pandering to conservatives.

  5. Of course, if you simply prosecuted flag burning as environmental pollution you might get some liberals on board. Mother Earth uber alles.

  6. The American Flag is a symbol that belongs to each and every American in joint and common tenancy, like all the free lands and waterways, like the public domain where only the truth, the whole truth and nothing but the truth has freedom, where addiction to sodomy, lies about human sexuality and perjury about same sex marriage must be forbidden and must be exorcised. A sovereign people may not be subjected to the anger and destruction of someone’s dissent. Let them petition the government for redress in a timely and courteous manner. It is part of our First Amendment: “to petition the government for redress.” “We the people” are not to be subjected to tyranny by the few inciting to riot to gain the affirmation of the unjust.

  7. “We hold these truths to be self-evident that all men are created equal” not born equal but created equal. The newly begotten sovereign person, baby Roe in Roe v. Wade became a ward of the Supreme Court the instant consent was given to have baby Roe aborted. The Supreme Court has a supreme and sovereign duty to guard baby Roe’s civil rights. Baby Roe’s innate will to survive is baby Roe’s civil right to Life.
    Scientific DNA is evidence of the newly begotten sovereign person in the womb.
    Dred Scott became a ward of the Supreme Court when his sovereign personhood was denied and Scott’s civil rights were denied. Terry Schindler Schiavo, too became a ward of the court when Michael Schiavo sought to have her life terminated. The court had the power and legitimate authority to make Terry Schindler Sciavo a ward of her parents. Terry Schindler Schiavo’s innate will to survive was overturned by the court, her civil right to life was terminated because Terry Schindler Schiavo’s sovereign personhood was not acknowledged by the Court. The Court, the government must represent all of American citizens. The sovereign personhood of American citizens institutes the courts and the government. “We, the people” are all constituents of the one nation under God, so help me God.
    When the court violates our Founding Principles, the court miscarries Justice. The Court is convened to dispense equal Justice. Any person is free to leave and any person is free to get three quarters of the states to ratify his opinion as the Law of the Land. The rest is perjury and treason.

  8. yes we have freedom of speech, but we have lately denied that we have freedom to hate speech… look and listen to some of the hateful vile speech and behavior as the Israeli flag and the American flags are burned. It isn’t people just expressing their opinion, but an aggression fomenting aggression. Some actions really really disturb the peace! and should be stopped/controlled by law enforcement.

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