LAW AS A CONVERSATION: THE FLAG BURNING CASES
In your essay, you will discuss a category of legal/historical developments in a significant area of constitutional law. This may include important economic developments, international events, political movements, or other changes, coupled with the reactions of the major centers of power under the Constitution — the people, the states, the executive, the legislative, and judicial branches. For example, if you chose the above topic (which is hereby off-limits) you would outline legal developments concerning the use of flag burning as a form of protest, state laws prohibiting flag burning, individual challenges to such laws, the reaction of the courts, as well as the reactions of Congress and the president. In our example you would discuss the following:
Flag desecration as a form of political speech and public reaction to the same, including any relevant Supreme Court rulings (e.g. Spence v. Washington 418 U.S. 405 [1978]).
State laws prohibiting desecration of the flag.
Texas v. Johnson (1989 — ruling that Texas law prohibiting desecration of the flag violates 1st Amendment)
Flag Protection Act of 1989 – (federal law in response to Texas v. Johnson prohibits desecration of the flag)
United States v. Eichman (1990 — U.S. Supreme Court declares Flag Protection Act unconstitutional)
Constitutional Flag Protection Amendment proposed in response to U.S. v. Eichman but neither House (voting 254-177) nor Senate (voting 58-42) can muster the two thirds necessary to send the amendment to the states for ratification. Examine arguments in Congress for and against.
Postscript: Donald Trump on Flag Burning – e.g. https://www.youtube.com/watch?v=hD1EdR35tcU
Your essay should focus on a similarly discrete area of constitutional law where legal developments appear to follow a causal chain of events and reactions
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