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Toots Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 09:58 AM
Original message
Why would they need a Constitutional Ammendment on flag burning
Edited on Tue Dec-13-05 09:59 AM by Toots
if they could just simply pass a law as Hillary wants to do? Something is amiss here. Republicans realize it is a Constitutional Right and they want to take that right away by changing the Constitution. Hillary on the other hand does not seem to realize or accept that it is a constitutional right and just wants to make a law against it which anybody should realize will immediately be challenged. What is her motivation here or is she just being stupid?
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Bloodblister Bob Donating Member (269 posts) Send PM | Profile | Ignore Tue Dec-13-05 10:01 AM
Response to Original message
1. What's Hillary's motivation? RAW POWER! n/t
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tx_dem41 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:03 AM
Response to Original message
2. Its a political maneuver. You vote for the law to look good to a ...
segment of the voters and then when the SCOTUS rules the law unconstitutional you beat up on SCOTUS for messing with the will of the people.
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Toots Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:06 AM
Response to Reply #2
3. Why would anyone want their name on an unconstitutional law?
I guess I am just dense today. I don't see the up side. I understand your logic I just don't see it playing out that way. I see it playing out like "I thought she was smart but apparently she couldn't see how illegal her choices were." :shrug:
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tx_dem41 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:08 AM
Response to Reply #3
5. For certain voters it is a badge of honor....
we obviously aren't in that group of voters.
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Tesha Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:07 AM
Response to Reply #3
24. She thinks you won't notice...
> Why would anyone want their name on an unconstitutional law?

She thinks you won't notice what she did and, furthermore, she's
*SURE* that even if you do notice, you'll still support her because
she's not running on the Republican side of the ticket.

Sooner or later, we've got to start disabusing fake Democrats of
that certainty that we'll vote for them just 'cause they ain't Rs.

Tesha
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mattclearing Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 03:15 PM
Response to Reply #3
52. The Patriot Act was unconstitutional as well, but no one has
openly admitted it yet. It grants the rights to unreasonable search and seizure without probable cause.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:07 AM
Response to Original message
4. She ought to be ashamed of herself
This is nothing but craven pandering. The flag-burning issue comes up about as often as prayer in school and then it dies away when the Next Big Thing comes around.

Senator Clinton is bending over real far to make sure she's letting the far right know what an ass she is.

That is one Senator who'll never get my vote for President. I just hope she won't embarrass the party by making a grab at it, but, given how power-mad she's shown herself to be (after I spent a decade rooting for the Clintons and defending them against all charges), I suspect she's going to give it a shot.

Poor us.
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oneighty Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:16 AM
Response to Reply #4
25. I disagree
Here is why.

At our local VFW club flag burning is a BIG issue one which will turn out single issue patriotic tears in eyes voters. A law against burning will de-fuse the issue.
An annual move to change the constitution will never pass and it is a safe way for one to appear to be against flag burning and yet 'wave the burning issue' in the face of the tired old veterans.

Let it pass. Let the phony issue die a quiet death.

180
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:29 AM
Response to Reply #25
29. A law against flagburning is unconstitutional,
and should never be passed.

All the teary-eyed veterans ought to snap out of it and rememer why they fought: to protect things like free speech, and if they don't understand the symbolism inherent in flag-burning - hell, even our Supreme Court understood THAT - they should go learn about it.

It's not ever righ to let anything "pass." Challenges to our Constitutional rights must always be challenged. That's one of the responsibilities of living in a democracy.

Here's a very good summary of the legal history of this flag-burning sham that's periodically paraded out by politicians with nothing better to do - http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/flagburning.htm. I urge you to recommend it to your VFW buddies, and remind them that Americans applaud them for their efforts to protect our - and their - Constitutionally-guaranteed rights, such as symbolic free speech.

Never, NEVER let anything pass. Not ever. Thomas Jefferson said "...the condition upon which God hath given
liberty to man is eternal vigilance."

Mr. Jefferson was right.
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oneighty Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:41 AM
Response to Reply #29
33. This liberal thinker
and big mouth (me) was invited to leave the local VFW post because of this non-issue and some others like it.

These people may sit around crying beer tears but they vote and flag burning is a major issue maybe even greater than VA benefits.

180

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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 12:11 PM
Response to Reply #33
38. Good for you!
My old man, rest his soul, a WWII veteran, quit the American Legion in which he'd been very active (mostly in terms of community projects) because of their stance on the Vietnam War.

I don't know that I was ever prouder of him than when he did that.

You're in good company, sir.
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oneighty Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 12:18 PM
Response to Reply #38
40. I am a Korean war vet
combat. It was my actions protesting the Vietnam War (As an active politician) which first got me into trouble with the local VFW. Been down hill ever since. To be honest I am an 'At large' VFW member.

180

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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 12:19 PM
Response to Reply #40
42. Again, good for you.
I'm an anarchist, really, but I always figured I could make greater progress by being inside the establishment than outside. I was right.

Stay under the radar and keep up whatever you're doing. It's first rate, and so are you.
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SmokingJacket Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:08 AM
Response to Original message
6. What's so disappointing about Clinton's decision is
that it's so nakedly opportunistic. I don't believe for a SECOND she really thinks there should be a law against flag burning. I mean, come on! But she's sponsoring this law in order to "moderate" her liberal image.

I'm so mad about this I could scream!

I will support (almost) anyone else in the primaries. She used to be my top pick, but not anymore. She's sold out her values (and mine) in order to gain the support of the the vague middle.

I know Bill did this to some extent, but that was after he was elected and needed to keep things running (though it disappointed me at the time). And I don't think he would have sunk this low.
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Nicholas D Wolfwood Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:10 AM
Response to Reply #6
10. That's exactly why she wants the law and not the amendment
because she knows the law would be overturned. This is nothing but a political stunt.
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:08 AM
Response to Original message
7. Pandering for right of center leaning votes
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Nicholas D Wolfwood Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:09 AM
Response to Original message
8. It's politically shrewd is what it is.
She gets to be on board against flag burning to show her "patriotic" (aka bullshit) side, yet she damn well knows it would be unconstitutional, and thus, no damage is actually done.

This is exactly why I don't like Hillary. I hate the way she plays the game.
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Spinzonner Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:09 AM
Response to Original message
9. Idolatry
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FormerDittoHead Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:12 AM
Response to Original message
11. Just imagine what the commercial would sound like...
Hillary Clinton - fought the Supreme Court in order to respect our veterans by banning flag burning. Her opponent, John McCain, seems to think it's OK for a bunch of long haired socialist intellectual hippies to burn flags!

Hillary Clinton - fighting for veterans, fighting for Republican values, fighting for big corporations.

...paid for by the Democratic Leadership Council.
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Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:14 AM
Response to Original message
12. The better question is where is this epidemic of flag-burning occurring...
....that it requires so much attention?
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grrl62 Donating Member (202 posts) Send PM | Profile | Ignore Tue Dec-13-05 10:19 AM
Response to Reply #12
14. good point
i haven't heard/seen anything... maybe they are expecting it.. reverse psychology.


either that


or they're just trying to take away more rights.

:shrug:
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MN ChimpH8R Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:48 AM
Response to Reply #14
17. Bingo
This is an "answer" in search of a problem. Why not ban ghosts from the law? Makes about as much sense.
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JVS Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:01 AM
Response to Reply #12
19. I don't know, but I imagine that if someone were to burn a flag in my...
neighborhood it would kill everyone within a 4 block radius ;-)
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Yoda Yada Donating Member (474 posts) Send PM | Profile | Ignore Tue Dec-13-05 10:15 AM
Response to Original message
13. New Rule: All flags must be inflammable.
That would be the end of that.
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MrBenchley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:43 AM
Response to Original message
15. Ask John Murtha...he cosponsored one with Duke Cunningham
"Hillary on the other hand does not seem to realize or accept that it is a constitutional right"
I doubt most Americans do.

"What is her motivation here"
Maybe, like many Americans, she is sickened and angered at the notion of somebody burning a flag--or disgusted by the blatant hypocrisy of someone who burns a flag to show they reject Americans and all things American, including the First Amendment, and then demands that the rest of us accept his peculiar twisted interpretation of that First Amendment.

Burning a flag is not free speech. It's a violent hate crime.
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Norquist Nemesis Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:03 AM
Response to Reply #15
20. Whoa! Gotta disagree with you on that one. A hate crime?
(I've stayed out of all of these I Hate Hillary threads, till now.)

From what I've seen though, the Bill she's supporting makes it illegal to incite violence via burning a flag. To me, that is different than a simple 'you can't burn a flag'. There are times when burning a flag IS an expression of free speech.

The difference would be a person that runs into a Freeper Convention, torches an American flag, and gives a one finger salute to the gathering. Violence can be and is likely expected by the burner...the purpose isn't to exercise his/her Constitutional right but to get punched! A little common sense goes a long way.
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MrBenchley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:29 AM
Response to Reply #20
30. It's a hate crime, pure and simple
and it's perfectly Consittuional to put legal limits on such actions.

By the way, since you want to twist the arm of logic behind its back, who don't you give us an example of a flag burning protest that does not enrage Americans who believe the flag belongs to all Americans and not just one political faction.

"There are times when burning a flag IS an expression of free speech. "
Not so. It is an action, not a speech. Andn the only possible statement it makes is "I hate and violently reject my fellow citizens and all things American."
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Norquist Nemesis Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:36 AM
Response to Reply #30
32. Which Articles of the Constitution put legal limits on anything
Edited on Tue Dec-13-05 11:41 AM by Norquist Nemesis
versus expanding freedom and rights?

If you see it as a "hate crime, pure and simple" then it's a waste of time in even attempting to discuss it with you.

eta: A good editorial on the bill, IMO
http://www.harktheherald.com/modules.php?op=modload&name=News&file=article&sid=70939
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MrBenchley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 12:36 PM
Response to Reply #32
44. Did you actually READ that editorial?
"Bennett's proposal (the one co-sponsored by Hillary, Robert Byrd, Kent Conrad and Byron L. Dorgan) allows flag-protection groups to get what they want without undermining the First Amendment. If approved, the bill would make the destruction of a flag a crime if it is done with intent to provoke violence. It would also outlaw the defacement or destruction of a flag belonging to someone else (either the federal government or a private party) and destroying a flag on federal property.
This is a more reasonable approach, and one that doesn't saddle the courts with contradictory constitutional law."

It's a hate crime pure and simple. And it's noticeable that you refused to provide a for instance when it couldn't be perceived as anything else.
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Toots Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:17 AM
Response to Reply #15
26. Then why be opposed to making the change legally by Constitutional Amendm
Why oppose an Amendment if you believe in the cause? It is nothing but political posturing and shows no true depth to her beliefs.
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MrBenchley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:25 AM
Response to Reply #26
28. Ask John Murtha....
I don't think the Constitution needs to be changed one bit...and I think the law is a pretty good idea.
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iconoclastNYC Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:57 AM
Response to Reply #28
35. Big media and the DLC isn't forcing John Murtha on
us for the nomination. That's the difference here.
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MrBenchley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 12:38 PM
Response to Reply #35
45. You poor victim!
Edited on Tue Dec-13-05 12:38 PM by MrBenchley
It's horrible how the pro-Hillary forces are keeping you from having your own candidate to support.
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Tierra_y_Libertad Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 12:43 PM
Response to Reply #15
46. Violent hate crime? Against who?
Does burning a Nazi flag indicate a hatred against all things German? The American flag is a symbol of greed, oppression, neo-colonialism, murder, genocide, racism, and nationalism. Not to mention mom and apple pie.

"Congress shall make NO law abridging... the freedom of speech". Which part of NO don't you get?
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MrBenchley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 01:14 PM
Response to Reply #46
47. Against Americans and all things American.
"Does burning a Nazi flag indicate a hatred against all things German? "
It sure did during World War 2. Now that it's no longer a symbol of the German people (in fact, swastikas are banned by law there), burning a Nazi flag would connote hate against the sort of fuckwits who promote Nazism now. You know, the Randy Weaver wannabes who peddle hate literature at gun shows.

"The American flag is a symbol of greed, oppression, neo-colonialism, murder, genocide, racism, and nationalism."
It's a wonder that anyone who hates this country so much sticks around to burn the flag in the first place.

Incidentally, I think the sort of toxic hate for America you just expressed does a lot more damage to the Democratic party than anything the DLC does or doesn't do.

You tell US what speech a violent hate crime conveys.
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Tierra_y_Libertad Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 01:46 PM
Response to Reply #47
48. My heart bleeds for poor victimized America.
My heart similarly bleeds for the Democratic Party and the DLC.

"Patriotism is the most foolish of passions and the passion of fools". Schopenhauer
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MrBenchley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 03:04 PM
Response to Reply #48
51. One wonders why America doesn't give a shit about your agenda.....
Edited on Tue Dec-13-05 03:05 PM by MrBenchley
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Tierra_y_Libertad Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 03:16 PM
Response to Reply #51
53. see my tagline for clarification
Apparantly, America loves yours. Anti-free speech, pro-war, pro-collaborator Dems, etc. You must feel gratified to be in the majority.
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MrBenchley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 03:46 PM
Response to Reply #53
54. Yeah, I've read lots of Mencken...he would have had a field day
with our "Junior Joe McCarthy" Club brandishing gibberish and howling for the blood of other Democrats.
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havocmom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:45 AM
Response to Original message
16. Given the GOP penchant for hiding a lot of fine print in things,
I can think of lots of poison pills they could try to surf in on a Wrap Yourself in the Flag Amendment.
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JVS Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:58 AM
Response to Original message
18. Because it plays well with their base.
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Norquist Nemesis Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:04 AM
Response to Reply #18
21. Bingo! Another divide the Dems issue. n/t
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dkofos Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:05 AM
Response to Original message
22. She is just being stupid.
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Cessna Invesco Palin Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:06 AM
Response to Original message
23. Because the supreme court says it's unconstitutional.
Hillary's stupid law is meant to avoid provisions that the supreme court has already deemed unconstitutional.
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ProfessorGAC Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:25 AM
Response to Original message
27. How About This?
Perhaps it makes it look like the Dems are supporting the flag, so they defuse that political issue, knowing full well that eventually the law will be challenged and the SCOTUS will overturn it. Kind of playing from the top and bottom of the deck.
The Professor
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Toots Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 12:18 PM
Response to Reply #27
41. What makes you so certain a right wing "Extreme Court" would overrule it?
Byrd has said he is doubtful there will be a filibuster over Alito.
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ProfessorGAC Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 01:57 PM
Response to Reply #41
49. Because I Think It's Prima Facie Unconstitutional
And, state laws have been challenged, and lost, in the past. The precedent is clear. Just a guess on my part, anyway.
The Professor
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dusmcj Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:34 AM
Response to Original message
31. that's how politicians running for reelection wrap themselves in the flag
Edited on Tue Dec-13-05 11:35 AM by dusmcj
it's the old carny huckster side of American politics, where a sleazebag, or just a clown, in a straw hat and a bowtie puts his arms over the shoulders of maw and paw on their porch, she in her gingham dress and apron, with a fresh pie cooling on the railing, he in his flannel shirt with shotgun in crook of arm, and all three standing under the comforting colors of Old Glory, the pol flashes a winning smile and a wink for the camera as the powder in the flashpan ignites.

Completely meaningless, wastes government time, and public money and attention all of which could be spent on a few issues confronting us which actually matter, but damn, the media op is too good to turn down. It's the politics of symbolism and involuntary conditioned responses (which are precursors of fascism): old maw and paw are bamboozled into thinking "dang, he's a red-blooded Merkin" (this reflecting on the low esteem in which media oppers hold maw and paw's mental faculties), pol gets his annual revalidation of his creds as a "patriot" (another one of those poor words which has been shat upon and defiled so much of late), and for those into that sort of thing gets as close to appearing to be a down-home cracker as someone who still has to carry with the effete Beltway crowd can afford to get.

More defilement of American politics, courtesy of its practitioners.
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Norquist Nemesis Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:49 AM
Response to Original message
34. Why the big dust up on Hillary over this???
The Bill is also co-sponsored by Byrd, K. Conrad, and Dorgan but I'm not seeing the railing against them. :shrug:

Here's a good editorial on the bill should anyone care to take a look. It clearly states the differences, which is what most people seem to be missing (IMO, anyway).
http://www.harktheherald.com/modules.php?op=modload&name=News&file=article&sid=70939

Sen. Bob Bennett won a key ally in his effort to inject common sense into the debate over flag burning. Sen. Hillary Rodham Clinton, D-N.Y., agreed to co-sponsor the Utah Republican's bill criminalizing flag desecration in certain limited circumstance. Clinton joins Sens. Robert Byrd, D-W.Va., Kent Conrad and Byron L. Dorgan, both D-N.D., as co-sponsors. The bill has been referred to the Senate Judiciary Committee.

Like most Americans, the co-sponsors do not like seeing American flags burned or otherwise defaced. But they are unwilling to undermine the Bill of Rights to prevent it. This is the proper stance for all who love freedom of speech.

It may seem odd that Bennett, a staunch Republican but no ideologue, is in company with several leading Democrats on this issue. But this is not a matter of party affiliation but of principle. It is a principle that, unfortunately, has not been defended by Utah's other senator, Orrin Hatch, who seeks an amendment to the Constitution that would badly muddy the water. In this matter, Hatch seeks to outlaw dissent even when it does not pose a true threat to anyone.

Bennett's co-sponsors should give the bill the bipartisan momentum needed to get a vote in the Senate and stall Hatch's reckless amendment. (more at link)
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iconoclastNYC Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 11:58 AM
Response to Reply #34
36. Are any of those the wife of a former president
Who has naked political ambitions and for whome the media and the DLC has already given the nomination to?

Quit playing dumb.
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Norquist Nemesis Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 12:06 PM
Response to Reply #36
37. Until Hillary puts in her candidate's petition, she's not official
Till then, I'm not going to swallow the Hillary hype that's been pushed by the media and GOP since the day she was sworn in as one of NY's senators.
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Toots Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 02:33 PM
Response to Reply #37
50. She is "officially" a candidate for US Senate
Edited on Tue Dec-13-05 02:34 PM by Toots
I don't wish to single her out though. I agree with you that I was unfair in only mentioning Hillary and others also cosponsored the bill. I feel exactly the same about them and I have a deep and abiding respect for every single one of them including Hillary. I am just baffled at their rational at times...
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goodhue Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 12:16 PM
Response to Original message
39. because the law would be unconstitutional
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walldude Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 12:22 PM
Response to Original message
43. Because their priorities are really fucked up
They should be fighting the "war on Christmas". :rofl:
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