4min chapter

5-4 cover image

DC v. Heller

5-4

CHAPTER

The Impossibility of a Constitutional Amendment

There is real libertarian influence on the right about flag burning. Justice Stevens says that he thinks that Heller was decided so much in error that he thinks we need a constitutional amendment to overrule it. A constitutional amendment needs to be ratified by 38 out of 50 state legislatures. This wasn't like the sort of ability of Antonin Scalia to reach the heart of the issue in a way that no one ever had, but this was about a political movement that started in the early 70s and built momentum until it had a majority of Supreme Court on its side.

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