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Ocelot II

(131,280 posts)
14. Not quite; they apply to the actions of federal *agencies.*
Mon Aug 25, 2025, 08:49 PM
Aug 2025

They are binding only on the executive branch and its agencies. An EO can direct a federal agency as to how it should implement the statutes and regulations that control the agency, but it can't override acts of Congress or Supreme Court decisions. Many of Trump's EOs do exceed his Constitutional authority, and this is likely one of them. It purports to direct the DoJ to prosecute flag-burners, but in 1989, in Texas v. Johnson, the Supreme Court held that flag-burning is expressive speech protected by the First Amendment.

Recommendations

1 members have recommended this reply (displayed in chronological order):

MaddowBlog-The problem(s) with Trump's radical new executive order on flag burning LetMyPeopleVote Aug 2025 #1
It is embarrassing how clueless he is.. Peacetrain Aug 2025 #2
Um.... what is, or isn't a flag? Girard442 Aug 2025 #3
We can't burn the flag, but Trump wipes his ass with it every day. Ocelot II Aug 2025 #4
I'd give him a year in jail for burning the US Constitution. Norbert Aug 2025 #5
Not one single person will be put in jail for one minute Justice Brandeis Aug 2025 #6
True; but they will be subjected to an initial arrest and threat of prosecution, Ocelot II Aug 2025 #16
Don't executive orders only apply to federally controlled territory? Buckeyeblue Aug 2025 #7
Not quite; they apply to the actions of federal *agencies.* Ocelot II Aug 2025 #14
Whoever wrote it was smatter than that. Ms. Toad Aug 2025 #18
Of course. But what it means *in practice* is pretextual arrests Ocelot II Aug 2025 #21
Good practical advice. Ms. Toad Aug 2025 #23
I would say flag burning is not an effective way to protest Buckeyeblue Aug 2025 #24
I agree; I've always thought it was kind of dumb. There are more effective methods, IMO. Ocelot II Aug 2025 #25
It isn't a way I would choose to protest. Ms. Toad Aug 2025 #26
Guess he and his clown car cabinet never heard of the First Amendment/Freedom of Speech... brush Aug 2025 #8
How many years will he get for crapping on our country? 2MuchNoise Aug 2025 #9
Unfortunately not a day D_Master81 Aug 2025 #10
You're right, of course. 2MuchNoise Aug 2025 #11
The PEDO Rapist scumbag wants to distract JI7 Aug 2025 #12
What if we burn Trump flags? Irish_Dem Aug 2025 #13
Damn, the VFW is goin' to the slammer! rsdsharp Aug 2025 #15
Not only can he not make laws - the paper he signed said zero about making flag burning a crime Ms. Toad Aug 2025 #17
Deadline: Legal Blog--Trump wants to prosecute flag burners. The Supreme Court has already said that's illegal LetMyPeopleVote Aug 2025 #19
Is there an epidemic of flag burning of which I am unaware? redwitch Aug 2025 #20
How much do you get for autographing one? Vinca Aug 2025 #22
Deadline: Legal Blog--Trump wants to prosecute flag burners. The Supreme Court has already said that's illegal LetMyPeopleVote Aug 2025 #27
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