Originally posted by SurfaceTension
Oh c'mon...If you lit a 100' cross on the steps of the Capital, you're saying that the Park Police would just say "Dayum, there's a guy who knows how express his 1st Amendment Rights"?!
The State law prohibitng you from installing a sign at the end of your driveway that says "SPEED LIMIT should be 100 MPH" is unconstitutional?
You from the ACLU?
If this was 1950 I would actually answer your question yes. Only due to the pressure of the civil rights movement did burning crosses become illegal. That is what is meant by "statutory law" ie changing "constitutional law". The people can do a whole lot if they get themselves organized. Remember over the last 5 years, the people have even managed to get a State flag changed and a concrete nativity scene removed from a PUBLIC BUILDING!!!!
As far as your second question, the operative word is State law (that's what I mean by statutory) State laws don't just come poof out of the air. So technically, yes it is unconstitutional.
Here's how law works in the States:
A. Soldiers take land from Natives and Brits.
B. Declare new country.
C. Declare God's inaliable rights the highest Law of the land and call it the Bill of Rights.
D. Establish new laws of the land under God and call it the Constitution (so people don't start practicing biblical stuff like eye for an eye, etc.)
E. Forget a bunch of stuff and add them later calling the amendments (this is where idiots such as Rush argue about. Conservatives vs. Liberals. Conservatives wanted law to stop right here after the 1st 13 ammendments I think. Liberals wanted to continue to add new ammendments as times changed.)
And lastly, E. Establish courts to overide God given AND constitutional rights AND amendments as times and situations change, since no situation is ever the same.
Think of it this way, The God given right is Americans can have sex and procreate (Bill of Rights). Constitutional Rights says you can have sex as long as it is with another human. An amendment would say as long as its not sodomy. Then the local courts chop it up all the way down to not being able to have sex with minors or in public (hint hint.)
So yes, it is all unconstitutional when you think about it. Give us rights and slowly take them away. That's just the way it goes to protect ourselves from ourselves. Imagine if there were absolutely no gun control laws and the 2nd amendment was taken *VERBATIM* today. Would you feel safe with every person in your office, CHILD, CRIMINAL, neighbor having a concealed .32 strapped to their waist?