I just realized the other day that if one *IS* a strict constructionalist of the Constitution then there isn't a leg to stand on in regards to flag burning amendment. Indeed, even a contextualist of the creation of the Constitution and wishes of our founding fathers would be agahst at the concept of protection of the flag and/or the very idea of a Pledge of Allegience to the *nation*.
I did some quick internet research on the what the founders might have felt regarding flag desecration, and found instances where both Madison and Jefferson spoke for protecting the flag. But in all those instances they were talking about times when a flag flown in an official capacity (or, once, when someone unauthorized to fly the flag officially did so). I have to wonder if the private ownership of flags was at all common back then (and thus availability of one's own property to deface
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My how things change. =)
Tim C.
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