Answer: The correct answer is DISSENTING OPINION.
Explanation: DISSENTING OPINION refers to an opinion in a legal case expressing disagreement with the majority opinion.
Dissenting Opinion (or dissent) is written by a judge or judges when a majority opinion has been reached but there is disagreement with the final decision.
Answer:d
Explanation:
Homeland security and to control public violence
Answer:
The only way to overturn the Supreme Court's ruling that flag burning is protected speech is through a constitutional amendment.
Explanation:
Flag Desecration Amendment was brought proposed in June 27, 2006 but it failed. It is a proposed law to amend the Bill of Rights that would allow the U.S congress to prohibit dishonouring of the of the flag of the US and punish those who are involved in any such act.
The debate over protecting it as a national symbol and considering its physical desecration as the freedom of speech is still going on. If the amendment gets ratified it would prohibit all forms o flag dishonouring.
The supreme court has ruled in several cases that due to the First Amendment of the US constitution flag desecration cannot be prohibited by federal,municipal or state government.
The criteria that law must meet in order to pass the government’s strict scrutiny test to reasonably discriminate includes"
- It must further a compelling government interest
- It must use the least restrictive means to achieve its purpose.
<h3>What is a
strict scrutiny test?</h3>
In law, a strict scrutiny refers to the highest standard of review which a court will use to evaluate the constitutionality of governmental discrimination. In order for a law to pass strict scrutiny, the legislature must have passed the law to further a "compelling governmental interest" and must have narrowly tailored the law to achieve that interest.
This standard is the highest and most of the stringent standard of judicial review and is part of the levels of judicial scrutiny that courts use to determine whether a constitutional right or principle should give way to the government's interest against observance of the principle. However, the lesser standards are rational basis review and exacting or intermediate scrutiny and these standards are applied to statutes and government action at all levels of government within the United States.
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