|
« Quick Links | Main | So Darned Independent » June 23, 2005
Assaults on Liberty (
Posted by Bill Flag burning amendment: Doesn't a constitutional amendment criminalizing flag burning counterintuitively enhance its appeal as a gutsy form of civil disobedience? If it were to pass the Senate, someone that burns a flag might actually be considered a rebel, rather than merely a petulant fool burning a flag.
I'm with Goldstein's call for civil disobedience. Malkin - linking like a maniac - has the definitive round-up. Reynolds: "A man's home is... somebody else's piggy-bank." UPDATE: Stones Cry Out: Kelo blurs further the line between public and private land. While I agree that in the specific Kelo case, the overall development plan would provide for a public benefit, since the petitioners’ property was causing no immediate harm to the public, the government’s role is to establish the plan, and the market’s job to implement it. If Pfizer could not purchase the land required to build their factory, then they have to take their project elsewhere; they have no inherent right to the property. Taking it in this instance is not only unconstitutional (despite what five justices say), it is immoral. UPDATE: It's believed that precedent from this decision has already had a drastic impact on personal property rights: Hubris v. SCOTUS. (Warning: filthy, puerile metaphor. Crass, even. Whatever you do, do not click on this link) UPDATE: The complete text of the Supreme Court's ruling. And I'm not surprised that Bill Quick doesn't approve: The reason to be angry about this is not that home owners everywhere are in danger of losing their house. This is theoretically, but not practically, possible. The reason to be angry about it is that the courts have completely abdicated all responsibility to check the government's actions in this arena. It is WIDE open. So long as the government has a superficially rational reason for the ED, the courts will allow it. Kelo just clarifies that increasing the tax base is a "public use". Posted by Bill at June 23, 2005 05:46 PM | TrackBack (0) CommentsWouldn't re-enforcing the Alien and Sedition acts make it gutsier to criticise the government? Yes, but the Constitution is about defending freedom, not making civil disobedience riskier. Posted by: Andrew C. Quinn Well, I'm not advocating it, I'm pointing out that it's counterintuitive. Posted by: Bill from INDC It used to be that an area selected for redevelopment had to be declared "blighted" in order for this kind of thing to occur. That made sense -- the subordination of private property rights seemed reasonable if it was necessary to clear out a slum in order to make room for urban redevelopment. As a practical matter, you have to deal with the problem of the holdouts who want an exorbitant price because they can hold a major project hostage with their tarpaper shack. But now, there are apparently no restraints on the power of eminent domain. I'm getting a severe case of the willies. Posted by: MichaelM Somehow I doubt that most people will risk a prison sentence and fine (say a year and 20,000) to burn a flag. If people are protesting Bush's policies why is it that they burn the American flag rather than a photo of Bush? Just as society prohibits cross burning what argument can be made for flag burning? We are neither more tolerant nor a better society for allowing disrepect for the ideals of the nation. Such disrespect ultimately filters into society at large. Perhaps this is why our society is so much less civil than in the 50s. Posted by: ThomasJackson Right. So go ahead and ban all speech that shows "disrespect for the ideals of the nation." Fantastic idea. And btw, there is nothing stopping them from burning a pic of Bush either. Nor should there be. Posted by: Bill from INDC Posted by: ashish I think ThomasJackson was being sarcasting about the '50s being more civil. I hope. Posted by: dorkafork Nope. Posted by: Bill from INDC All I know is, the day they pass that flag-burning amendment, is the day that flag deserves a burning.
Posted by: SarahW Bill: People who could burn Bush's photo but substitute the American flag do so for a reason. I find it ridiculous anyone could make such an observation unless one disregards history and is selective in one's concerns. Posted by: ThomasJackson Just to clarify the comment above from Stones Cry Out, Pfizer was not a party to either the use of eminent domain nor the lawsuit. It purchased the land for its facility. The development plan was the creation of the city of New London and its private Development Corporation, for land near the Pfizer facility. Although Pfizer supported the plan as a complement to its facility, it took no formal position on the city's use of eminent domain and if the development proceeds, will not be a participant in it. Posted by: linsee ThomasJackson- Who said anything about "hateful?" It's not hateful - it's "un-American." Posted by: Bill from INDC Bill: Posted by: ThomasJackson Nope. The US. By your logic, any law passed by a large number of states would be a-ok. Given our history, obviously there would be exceptions. I'm not insecure enough about the American flag that I need to criminalize its desecration. What else should be criminalized? How about American flag print napkins? Oohh, what about dirty TV?! |
-
av
Search
Archives
June 2008May 2008 April 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006 July 2006 June 2006 May 2006 April 2006 March 2006 February 2006 January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 March 2005 February 2005 January 2005 December 2004 November 2004 October 2004 September 2004 August 2004 July 2004 June 2004 May 2004 April 2004 March 2004 February 2004 January 2004
Extras
PDARSD Atom RSS 2.0 RSS 1.0
Credits
Our Blogroll
|