Joseph D. Steinfield Quotes
The whole point is to accommodate one right with another. Yes, that will leave some people disappointed, even angry, but the idea of the Constitution is to promote freedom, not to make everyone happy.
Discussing cases where Constitution and rights conflict.
Joseph D. Steinfield, The First Amendment Shouldn’t be Turned into an Excuse, 2017
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There was a well orchestrated Congressional effort to pass a Constitutional Amendment to prohibit flag burning. There had been no recent incident of flag burning and there had been little or no flag burning for decades since the Vietnam War. Yet a small group of Congressmen had managed to get the issue onto the American national political agenda by skillful manipulation of the media and excellent PR.
John Adams wrote the draft.
Note the use of the phrase “against the government.” One of the unique aspects of the American Constitution and The Bill of Rights is that the government is considered a potential and even probable infringer on the liberties of the people. It is almost as though the government was the potential enemy. Modern libertarians state this very explicitly and it is ever present in the views of both the right and left wings of American politics. Most centrists recoil at the thought that some citizens see the government as the enemy, but even in America there have been times where the government has infringed on the rights of citizens only to have the courts or future administrations and Congresses correct the error.
Jefferson and many others thought the original drafting of the Constitution was deficient in not explicitly protecting rights from the government. See {586024}. When it came time for ratification, it was clear that ratification would not take place unless that was remedied and the Bill of Rights made the ratification possible by satisfying many critics of whom Jefferson was but one. Note that the protection sought was from the President and the Congress.
In 1836 the House of Representatives adopted the so-called "Gag Rule" whereby the house could not act on all further petitions regarding slavery, even though thousands of petitions were being received. Adams was one of the few who protested the Gag Rule:. Adams even submitted petitions with which he did not agree:. Every year Adams attempted to get the Gag Rule repealed. He was even threatened with censure for his efforts, but his status as an ex-president protected him. Finally, in 1844, Adams' perennial resolution carried:
