Came across this article in Newsweek, which is pertinent to this argument, do not dismiss the source.. bottom line is all of these things are election talking points, gay marriage, troop withdrawal from Iraq and flag burning. So come the fall during the elections, the incumbent can say this is what I voted for and the other person can say why the vote was bad.
For those who do not have the time or attention span to read the entire article, I will highlight.
Actually, even during the Vietnam War, flag burning was rare. By one count, there have been only 45 such incidents in 200 years, and fewer than half a dozen since it was outlawed in 1989. Should the Constitution be amended, however, the incidence of flag burning is expected to surge as a form of civil disobedience. What began as a phony issue designed to prove patriotism (usually on the part of those who never served, the primary sponsors) could become a real concern.
....Banning flag burning, in the words of Justice Antonin Scalia, â€śdilutes the very freedom that makes this emblem so revered.â€ť
To make matters worse, the amendment is vaguely worded, which led to fatuous debate in the Senate over whether a woman wearing a skimpy bathing suit patterned with stars and stripes was guilty of desecration. Bloggers wondered the same thing about President Bushâ€™s new habit of autographing flags when he shakes hands on rope lines. Unconstitutional? With a war on and a hundred other pressing problems, itâ€™s nice to see our elected representatives focused on what really counts.
The usual litmus testsâ€”abortion, gun control, Iraqâ€”shouldnâ€™t be. Reasonable and sincere people can disagree, with at least one or two principled arguments on each side. The flag burning amendment is in a category by itself: the only argument for it is based on pure emotion. But ours is supposed to be a government of reason, not emotion, especially when it comes to the most precious repository of our rights. The American Constitution, the apogee of reason in the history of self-government, is real; the American flag, for all of its beauty and deep meaning, is symbolic. For more than 200 years, weâ€™ve occasionally used the amendment process to expand rights. This would be the first time we would enshrine their restriction. Polluting the Constitution is far more dangerous than burning the flag.