June 27, 2006

Don't take political science at this college

Davidson College, that is, in Davidson, North Carolina. Why? 'Cause they have on staff one Dr. Susan Roberts -- a political science professor -- who offered up a whopper in a recent op-ed on the proposed Flag Burning Amendment:

Flag burning was thrust into the public eye following an arrest of a young man during the 1984 Republican National Convention in Dallas. The man identified himself as a member of a group calling itself the Revolutionary Youth Brigade. He was charged with a violation of the Texas Desecration of Venerated Objects statute.

In 1989 the U.S. Supreme Court affirmed an appellate court decision that the man was within his First Amendment rights. Wasting no time, Congress passed the Flag Protection Act just months after the ruling. Wasting no time, the Supreme Court ruled that the Flag Protection Act was inconsistent with First Amendment freedoms and thus unconstitutional.

It seems unlikely that the Supreme Court would now uphold an amendment prohibiting flag burning, even with the change in the court's composition.

Hey prof -- as any fairly studious middle-schooler should be able to tell you, the reason WHY Congress is attempting to pass an amendment is to make the Supreme Court's opinion irrelevant on the matter. It's called "checks and balances." You recall that in your teaching, right? Right? Hello?

Maybe not. Maybe that basic knowledge got lost in that neatly titled course of yours, "The Politics of Feminism."

(h/t: Taranto.)

Posted by Hube at June 27, 2006 03:58 PM | TrackBack

Comments  (We reserve the right to edit and/or delete any comments. If your comment is blocked or won't post, e-mail us and we'll post it for you.)

Let's not overlook the possibility that the good professor is arguing that SCOTUS no longer gives a damn about what the text of the Constitution actually says, and that it will therefore refuse to enforce any law passed pursuant to the Flag Burning Amendment on the argument that the Constitution evolved the amendment out of the document 30 seconds after ratification.

Posted by: Rhymes With Right at June 27, 2006 05:02 PM

LOL! Didn't consider that, RwR!!

Posted by: Hube at June 27, 2006 05:48 PM

Um...SCOTUS doesn't enforce anything. The Executive branch does.

Posted by: Duffy at June 28, 2006 09:28 AM

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