On then-Sen. Clinton and flag burning:
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Replying to @MikeSacksEsq
In 2005, Clinton co-sponsored a bill banning flag burning carefully worded to be a toothlessly pandering end-around of the
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Replying to @MikeSacksEsq
In 2006, Clinton was among the 37 to vote against the Flag Desecration Amendment resolution, which then failed and never went to the states.
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Replying to @MikeSacksEsq
So she either didn't believe in what she was pushing in 2005 or, like McConnell, thought tinkering with 1A bad idea. Or, of course, both.
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Replying to @MikeSacksEsq
But she also supports a constitutional amendment overriding Citizens United, which also tinkers with the 1st Amendment as defined by
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Replying to @MikeSacksEsq
Difference is that though both 5-4, CU presents a clear partisan-ideological divide on First Amendment interpretation. Flag burning doesn't.
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Replying to @MikeSacksEsq
So what to make of the heterodox divisions over flag burning bans at
#SCOTUS and in Congress?2 replies 0 retweets 0 likes -
Replying to @MikeSacksEsq
On the one hand, Scalia and Kennedy's joining Brennan, Marshall, and Blackmun legitimized a narrow win with cross-ideological weight.
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Replying to @MikeSacksEsq
...while Stevens's joining Rehnquist, O'Connor, and White was more an act of patriotic emotion than legal reasoning.
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Replying to @MikeSacksEsq
But look at the Senate's (failed) vote in 2006 to send Flag Desecration Amendment to the states for ratification:pic.twitter.com/MGo9EPk8f1
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Replying to @chrisgeidner
yep, and just in case you missed my correction (that's a 2000 roll call above), here's 2006pic.twitter.com/z4HZif8Yb2
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