The 9th Circuit Court of Appeals in California recently launched one of its trademark assaults on the Constitution, voting to uphold an absurd high school policy banning U.S. flag shirts during Cinco de Mayo. The policy caters to easily-offended Mexican students by protecting them from having to witness free speech or any display of patriotism whatsoever. And needless to say, there is no such rule against students wearing shirts with Mexican flags, or glorifying radical Marxist butchers like Che Guevara.
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The notoriously ultra-liberal court ruled on September 17th that Live Oak High School in Morgan Hill California was right to send students home (or make them turn their shirts inside-out) for wearing any shirt with any kind of U.S. flag on it, to prevent violent disturbances from offended Mexican students. As is standard with liberalism, this punishes all the wrong people and rewards those who refuse to control themselves, while trampling the Constitution and ignoring the source of the problem.
If Mexican students cannot refrain from committing violent felonies at the first sight of a U.S. flag, are we not sending the wrong people home? Why not simply tighten security, expel those who cannot respect other people's rights, and allow students to wear these harmless flag shirts? That is the only sane response here.
But the race-baiting diversity-pushers of the left insist on appeasing violent criminals by violating the most basic speech rights of everyone else, which will only embolden these professional victims into making even more ridiculous demands. This ludicrous ruling needlessly forces yet another open-and-shut case to go to all the way to the Supreme Court before being (presumably) overturned, which happens routinely with the 9th Circuit.
Incidentally, none of this would be happening if we were following the Constitution. As I explained when another federal court trampled the state sovereignty of Alabama, these un-elected, unaccountable activist judges have no authority under the Constitution to even hear cases on state and local policies like this. The power of "judicial review" cannot be found anywhere in the Constitution. It was invented out of thin air, and has been fraudulently used by liberals to overturn democratically-enacted laws and work around the will of The People for decades.
Additionally, as I noted when Obama first launched his Constitution-shredding health care takeover, the Founding Fathers went out of their way to clarify that anything not specifically spelled out in the Constitution as a federal power is a power that does not exist, and that must therefore be left to the states (where the individual has maximum control). The 10th Amendment was even added to the Bill of Rights expressly to make sure that this was abundantly clear. Like health care, the Constitution doesn't mention or even imply anything about education, let alone high school clothing policies. The Federal Government even being involved in this issue is a blatant violation of the 10th Amendment.
The only thing liberals can even pretend to base this wildly illegal abuse of judicial power on is their own deliberate misinterpretation of the 14th Amendment, which was illegally ratified at the tip of a bayonet, through open blackmail and coercion. It did bastardize the Constitution by partially reversing the role of the Federal Government where freed slaves were concerned. But that in no way gives the Federal Government blanket authority over the states or applies federal restrictions from the Bill of Rights to state governments, as liberals lyingly insist (hence the proposal of the Blaine Amendment after the 14th Amendment had already been ratified).
The bottom line: As Judge Diarmuid O'Scannlain wrote in his dissent, this ruling teaches people that "by threatening violence against those with whom you disagree, you can enlist the power of the state to silence them."