Tuesday, June 27, 2006

Constitutional Amendment

Senator Orin Hatch is on Washington Journal talking about the flag-burning amendment. The wording of the amendment doesn't specifically prohibit flag burning. It simply gives Congress the authority to legislate regarding treatment of the flag. So, the issue isn't just flag burning. It's also, perhaps primarily, an effort to limit the authority of the Supreme Court. It seems to me Hatch has a tough sell saying on the one hand that protecting the flag is important and on the other hand that this amendment doesn't actually protect the flag.

The discussion of the flag-burning amendment is full of terrible rhetoric. There's repeated emphasis on the "unelected justices" making laws. Do the Senators think we've forgotten that they confirmed the unelected justices? The justices, of course, do not make laws. They protect the constitutionality of laws enacted by Congress.

If the issue is the power of the court, I've got a better idea. Let's have an amendment to specify that if there's a voting irregularity that makes the electoral vote too close to call, the popular vote will be the deciding factor in the election of the president.


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