Was the Flag Burning Amendment Unconstitutional?

Though Congress twice rejected constitutional amendments banning flag burning, if one of the amendments had been ratified, it still would have been unenforceable on Ninth Amendment grounds because free speech rights are "retained by the people," not granted affirmatively by the First Amend...

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Bibliographic Details
Published in:The Yale law journal 1991-01, Vol.100 (4), p.1073-1092
Main Author: Rosen, Jeff
Format: Article
Language:English
Subjects:
Amendments
Bill of Rights
Constitutional amendments
Constitutional law
Constitutional Law (flag burning)
First Amendment
Flag desecration
Flags
Freedom of speech
Natural law
Natural rights
Political debate
Political speeches
Property rights
Unconstitutionality
United States
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Description
Summary:Though Congress twice rejected constitutional amendments banning flag burning, if one of the amendments had been ratified, it still would have been unenforceable on Ninth Amendment grounds because free speech rights are "retained by the people," not granted affirmatively by the First Amendment.
ISSN:0044-0094
1939-8611
DOI:10.2307/796717