Wednesday, November 30, 2016

"BURN THE FLAG (AND GO TO) JAIL." TRUMP IS NUTS.

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     I'm sure to hear responses from some of my readers...with criticisms of this commentary...for name-calling.  I don't express myself in this manner merely to be harsh...or to be humorous.  My words are entirely applicable and - quite frankly - thoroughly appropriate.  The use of my language in this column is towards a man who deserves no better.

     Donald Trump is more of an idiot than I've thought for the last year and a half.

     The United States Supreme Court has twice ruled that Americans have the lawful right to burn the treasured emblem of our country.  Justices of the highest court in the land have affirmed that burning the American flag is a form of free speech and is protected under the First Amendment of the U.S. Constitution.

     But Trump - the bonehead cretin that he is - thinks he can make up laws as he sees fit.  However, since he is categorically unfit to serve as our nation's President... Trump has no clue as to what it means to be the leader of our republic.

     On Tuesday morning, November 29th, 2016...Trump tweeted..."Nobody should be allowed to burn the American flag.  If they do, there must be consequences - perhaps loss of citizenship or year in jail."

     Are you serious, Donald?  Are you totally out of your mind?

     I have written for about a year that Donald Trump is mentally unbalanced.  And now...his deranged comment about flag burning proves it again.  It's downright lunacy.

     Trump may have ruled the roost and been in absolute control of The Trump Organization...but the President of the United States does not have the power to criminally charge Americans for an act that the U.S. Supreme Court has judged to be immune from prosecution and punishment.  Trump's reckless remarks are not the way to unite our country.

     I wholeheartedly honor and cherish the American flag...and I - as a patriotic citizen - strongly oppose the desecration of our precious "stars and stripes."  But I do, however, support the right of any American who - for whatever the reason - decides to mutilate "Old Glory"...and that includes lighting the flag on fire.

     For Trump to announce to our nation - and to the world - that he wants to impose stiff penalties...including the loss of citizenship and a term behind prison bars if anyone burns the American flag...well, that once again substantiates the views I have written throughout his political campaign...that Donald Trump lacks the credibility...the integrity...the dignity...and the temperament...to be President of the United States of America.

     In two cases before the U.S. Supreme Court...Justices argued - in 1989 and 1990 - the issue of flag burning.  Both times the Court determined that to charge someone with a crime is unconstitutional.

     Why the hell is Donald Trump adding more..."fuel to the fire"...with an already contentious and controversial matter?  Some have noted it's perhaps because of a flag burning at a post-election protest on November 10th at Hampshire College.  The Amherst, Massachusetts university decided after the demonstration to stop flying the American flag on campus...which may have infuriated Trump, as it did a number of people who live in the local community.  But why did Trump wait nearly three weeks before making his feelings known?  Why is Trump always looking to pick a fight with some-body or about some-thing?  Such irresponsibility is not Presidential.

     Is Donald Trump completely crazy?  Perhaps.  But it astonishes me that Republicans - and others who cast their ballots for him on November 8th - continue to condone his demented actions.  Do Trump's advocates truly believe that a President with dictatorial tendencies is better than the sanity of Hillary Clinton?  I find that so hard to fathom...and I'm convinced that it won't be too long after January 20th, 2017...before a great many of those Americans who voted for Trump...will be calling for his impeachment or his resignation.

     Even if flag burning was not constitutionally protected as a freedom of speech, an American could not be forced to renounce his or her U.S. citizenship.  The Fourteenth Amendment states that no person who is born in the United States can ever be stripped of their American citizenship without the individual voluntarily wanting to do so.

     "The Father Of Our Country" - President George Washington - proclaimed in 1783..."If the freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter."

     And the late conservative jurist, Antonin Scalia - whom Donald Trump has claimed to idolize as "one of the best" Supreme Court Justices "of all time" - defended the right to burn the American flag when he was interviewed by CNN in 2012.  "If I were king," Scalia told Piers Morgan..."I would not allow people to go about burning the American flag.  However...we have a First Amendment, which says that the right of free speech shall not be abridged...and it is addressed in particular to speech critical of the government."  Justice Scalia further told Piers Morgan on CNN..."Burning the flag is a form of expression.  Speech doesn't just mean written words or oral words.  Burning a flag is a symbol that expresses an idea."  

     Burning the American flag is not an exercise I personally would ever perform...nor would I ever participate in following such offensive and shameful behavior.  But it IS legal.  Just ask a 10-year old kid who learned that fact from his or her social studies school teacher.  Perhaps somebody ought to send Donald Trump back to the 5th grade.

     And that's The Controversy for today.

     I'm Gary B. Duglin.

     "We'll talk again."

The Controversy is a publication of GBD Productions.  Founder and Editor-In-Chief of The Controversy is Gary B. Duglin.

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5 comments:

  1. To start let me say it is time for you, members of the Democrat Party and most leftist out there to put on your big boy pants and accept that fact that Donald Trump will be the 45th President of the United States. Time to act like Americans and respect the Office and the man who won it. Stop whining like little kids. Now for your so called blog, Trump never said he would as you put it “thinks he can make up laws as he sees fit” he said there should be “consequences -- perhaps loss of citizenship or year in jail”, he did not decree it as a dictator or ever claim the President could charge anyone for any crime he stated his OPINION! I agree there should be and for once I agree with Hillary Clinton, in 2005 the then Senator from New York co-sponsored a bill to make flag burning a punishable offense, up to a $100,000 fine or one year in prison. I disagree with the High Court as many American do and believe the US Flag should be protected by law, not desecrated. I agree we have First Amendment Rights and expression is in many cases protected as free speech, but as yelling fire in a crowded theater is not protected and that the Courts have ruled that “Hate speech” is in many cases is not protected I believe there should be a way to protect our Flag. As for Hampshire College in Amherst, Massachusetts they should have all Federal Funding stopped until the US Flag is flying on campus, you don’t respect our Flag and in doing so don’t respect our Country you don’t get our money! As for your statement about the 14th Amendment, please show me the actual text in the Constitution that states as you said “that no person who is born in the United States can ever be stripped of their American citizenship without the individual voluntarily wanting to do so” because I just read it and can’t find that statement. In fact US Law “INA § 349” states many ways to lose your US Citizenship and number seven does not require you to voluntarily do so, “conviction for treason or attempting by force to overthrow the U.S. government, including conspiracy convictions” so if one conspires to over throw our duly elected government, you can have your citizenship pulled, once again you are wrong about things. Once again can you please stop the name calling, he is not NUTS, he is not out of his mind or deranged, he is not a boneheaded cretin or an idiot, he is our next President and you should give him a chance. As for the Supreme Court, Justices change and so can rulings. Let’s protect our Flag and our 1st Amendment rights; I’m sure both can be done.

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    1. The following response to the above reader is in two parts.

      Part One

      I have respect for the "Office of the President of the United States" but I cannot have respect for a man who has - for eight years - not respected the current occupant of The White House, President Barack Obama. Therefore - along with ALL the other reasons I have written over the last year, including my comments in the above column - I cannot have respect for Donald Trump. As I have written in an earlier commentary, I have never before expressed myself in such a manner about any other Republican President before he became President. There are numerous reasons, however, for Americans to feel as I do about Trump.

      You didn't include the entire tweet by Trump in your response. Let me repeat it for you again. "Nobody should be allowed to burn the American flag. If they do, there must be consequences - perhaps loss of citizenship or year in jail." Note Trump's words "must be consequences." He did not say - as you wrote - "should be consequences." Don't change the meaning of his tweet for your own purposes. To even suggest a "loss of citizenship or year in jail" is lunacy. Trump did not merely give an "opinion" - as you seem to think. He made a dictatorial demand.

      As I stated in my commentary, "I wholeheartedly honor and cherish the American flag...and I - as a patriotic citizen - strongly oppose the desecration of our precious "stars and stripes." But I do, however, support the right of any American who - for whatever the reason - decides to mutilate "Old Glory"...and that includes lighting the flag on fire." I also stated in my column, "Burning the American flag is not an exercise I personally would ever perform...nor would I ever participate in following such offensive and shameful behavior. But it IS legal.

      Your analogy that comparing "yelling fire in a crowded theatre" to burning the American flag is apples and oranges. Burning the flag does not physically harm any individual. Yelling fire in a crowded theatre when there is no fire could cause panic and injury by the people trying to escape a disaster that was not really happening.

      Hampshire College has the right to fly our flag or not. I don't agree with them, but they have the "right" to do so. I would not stop any federal funding.

      Constitutional scholars and legal experts from all over the country this week have stated categorically that "no person who is born in the United States can ever be stripped of their American citizenship without the individual voluntarily wanting to do so." We are not discussing matters of treason. It should be completely understood that the matter being referenced in my column pertains to flag burning...not treason. So therefore, I am not wrong.

      GBD

      End of Part One

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    2. The following response to the above reader is in Part Two of Two.

      My thoughts in the column above are exactly how I believe and my words are - as I stated in my commentary - "entirely applicable and - quite frankly - thoroughly appropriate. The use of my language in this column is towards a man who deserves no better." They are not insults...they are factual statements about someone who is the definition of the words I used in my piece. Donald Trump is certifiable and should be committed...not inaugurated.

      As for the U.S. Supreme Court...unless Trump selects a jurist who Democrats completely agree with...someone who will not overturn Roe vs. Wade, someone who will not alter any free speech issues - including flag burning, someone who will not try to change marriage equality rights and other matters of liberal and progressive concerns...then there is a good possibility that the High Court will remain with only 8 Justices until the Democrats take control of The White House and the Senate. Incoming Senate Minority Leader Chuck Schumer should be able to sway 3 moderate Republicans to join the Democrats and to NOT confirm any of Trump's nominees to the Supreme Court...or, for that matter, any Federal judgeships.

      By not allowing flag burning - by saying it's not protected under the First Amendment of the U.S. Constitution as freedom of speech - you would not be protecting the First Amendment itself. And that is our most important Amendment. It is what makes Americans free...and it should never be changed.

      GBD

      End of Part Two of Two

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    3. First of all reread my post the word should was not in quotes, but still it was his opinion. Second you totally ignored that Hillary Clinton co-sponsored a bill making flag burning a crime. Is she evil and does she want to get rid of the First Amendment? No you would never say anything against your queen and goddess. My analogy was to show that no right in the Constitution is absolute, that exceptions have been made and I believe an exception for our Flag should be able to be made. As for stripping citizenship you said “The Fourteenth Amendment states that no person who is born in the United States can ever be stripped of their American citizenship without the individual voluntarily wanting to do so.” What I was saying is that the 14th does not spell that out and that there are conditions that allow the government to strip citizenship from a natural born citizen without his or her consent. So you were wrong! As for the Supreme Court, we will get an Originalist nominated and confirmed; I don’t think Chuck Schumer could convince 3 Republicans of what day of the week it was, never the less to go against McConnell. Protecting the Flag would not change the First Amendment it would only add one additional item to the many exclusions that already exist. Just remember, I’ll quote President Obama “elections have consequences” your candidate lost, get over it and stop whining!

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    4. You can do all the spin action you want, but Donald Trump made a dictatorial demand that anyone who burns a flag "must" be punished. That is lunacy.

      As for Hillary Clinton - she never wanted an American to lose his or her citizenship because of burning an American flag. Secretary Clinton did co-sponsor "The Flag Protection Act of 2005" when she was a U.S. Senator from New York. That bill didn't pass - thanks in large part to an editorial by The New York Times - and the act did include a fine "up to" $100,000 and the possibility of "up to" one year in prison, or both. I am in total disagreement with Mrs. Clinton from 2005. And if she still feels that way, I remain in opposition. There have been times when I have disagreed with both Mrs. Clinton and President Bill Clinton. I have - and may in the future - give opinions that differ from the former Secretary of State. She is not my "queen and goddess" and I never said she was. However, I still believe she would have been a million times better as President of the United States than a racist bigot who is xenophobic and homophobic, who has admitted to sexually assaulting women, and who has offended and disrespected practically every minority and any others who oppose him or disagree with him.

      I have again today witnessed numerous Constitutional scholars and legal experts stating exactly what I have quoted about the Fourteenth Amendment. So again...YOU...are wrong!

      Don't underestimate Senator Chuck Schumer. He will do just as I said if Donald Trump doesn't nominate a Supreme Court Justice who the Democrats want. Schumer will go up against Senator Mitch McConnell and Schumer will have no problem doing so.

      Mark my words - as I have written in earlier columns and in responses to other readers - Trump will be the first President impeached, convicted and removed from office...or the second President to resign. Trust me. When the press gets through with Trump after digging up more and more dirt about him, he will be lucky to get elected to delivering the mail to the prison inmates in his cell block. GBD

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