Flag Burning Should Be Illegal

While I have considerable experience in informal debate, my exposure to formal debates and the particular customs of this site are limited, so I apologize in advance if my arguments do not conform to them. My opponent has grouped his arguments into four contentions, so I will make four responses and then add two contentions of my ownResponse 1. The flagI agree that this was an accurate description of the traditional U. S. flag and its symbolism as understood by most Americans. I would note that the purportedly official description of the flag is found at 4 U. S. C. §1 and the sections that follow[1]. I would direct you to my contention 2 (and I include my contention 2 here, by reference, if needed for some procedural rule to preserve the argument), but I will not otherwise contest this point. Response 2. The Pledge of AllegianceI agree that my opponent as accurately stated the pledge of allegiance. I take no position on the accuracy of his interpretation (in the grey column) of the words, but will stipulate for the purposes of this debate that his interpretation is reasonable. I would, however, like to raise two points in response to my opponent's contention that the pledge is a binding commitment. R1a. The pledge of allegiance is not a contractA contract requires more than a statement. In particular, a contract requires an offer and its acceptance and an exchange of "consideration"[2]. Consideration in this context means goods, services, or other things of value. Thus the pledge of allegiance cannot be a contract for two reasons. First, as an inanimate object, the flag cannot make an offer to contract with you, nor could it accept your offer to enter into a contract. A contract to which one of the parties lacks the capacity to contract is invalid. Second, under the terms of the pledge of allegiance nothing is offered in return for the pledge-taker's allegiance. Thus the pledge lacks consideration. Contracts are frequently held to be invalid because there was not an exchange of consideration[4]. Thus the pledge of allegiance is not a contract and not in any way legally binding. R1b. Many people recite the pledge of allegiance when they are not of legal age to consent to an agreement. The context in which most Americans recite the pledge of allegiance is in primary or secondary school. This is typically prior to the age at which people are considered adults in the United States[5]. Many Americans never recite the pledge once they are old enough to make legally binding commitments. I suspect that the types of people who would burn the U. S. flag are very unlikely to be those who would recite the pledge of their own free will upon reaching legal adulthood. Response 3. Burning"When you burn the US flag you are in essence burning the nation it stands for. .. "I disagree with this premise and my opponent offers no support for it. Either way it is largely irrelevant what message one burning the flag is trying to convey. The first amendment prohibits the government from restricting what messages its citizens can convey except subject to strict scrutiny [6]. The requirements for strict scrutiny have not been met here. Response 4. TreasonWhile my opponent has found a definition for treason, generally, this definition does not apply in the United States. The Constitution of the United States, Article III, section 3 states that treason against the United States, "Shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. "[7] This does not describe flag burning. Therefore, flag burning is not treason. Counter Contentions:Contention 1. Flag burning is an expression of protest protected by the first amendmentWhen I find actions my country has taken disappointing, I attempt to change those behaviors by contacting my representatives or trying to convince my acquaintances. I do not think flag burning is a good way to express frustration. However, other people do. They feel burning the flag of their country is a way to say that they disprove of its actions. This form of expression is protected by the First Amendment to the constitution (See: Street v. New York [8]). The First Amendment is one of our most cherished traditions and its protections should not be repealed. Contention 2. Flag burning is a dignified way to retire a worn flagFlag burning ceremonies are a common way to retire a flag that is too warn to be flown. This practice should not be illegal. You cannot outlaw only protest burnings because then you are back to outlawing only the protest and not the burning itself. Contention 3. The proposition violates equal protectionSince the proposed law applies only to U. S. citizens it violates the equal protection clause of the 14th Amendment, which states that no one shall be denied "equal protection under the law"[7]. Contention 4. It makes no sense to outlaw burning something that does not existThe U. S. Constitution grants congress limited powers. Those powers not explicitly granted to it are reserved for the states (10th Amendment [7]). Among the enumerated powers of congress one cannot find the power to declare a flag of the U. S. (U. S. Constitution Article I, section 8 [7]). Therefore, the laws defining the U. S. flag (at title 4 U. S. Code) are unconstitutional. If congress does not have the power to define the flag of the United States, how can congress outlaw burning it? Wow, those characters ran out fast. References in comments.