Desecration of a Venerable Object Case Study
Callers ere state statute that was under debate in the case study was section 42. 09(a)(3) of the Texas Penal Code, which prohibited the “desecration of a venerable object”. Desecration of a venerable object meaning, the American flag is something to be honored and to destroy it in any way is considered to be very disrespectful. The legislative branch, the Senate and House of Representatives of Texas created the statute.
The parties that were involved in this case were Gregory Johnson and the State of Texas.
In regards to court authority, the court with the least was Dallas County Criminal Court, middle authority was Texas Court of Appeals Fifth District and highest authority was Texas Court of Criminal Appeals. Upon hearing oral arguments and reading the briefs, the Supreme Court affirmed the decision of the Texas Court of Criminal Appeals. The Supreme Court also ruled that the Texas statute was inconsistent with the First Amendment, and therefore the Court struck down the statute.
Common Law is also known as Case Law and Statutory Law is also known as Written
Law. In regards to the creation of new laws, Common Law evolves with new decisions made by Judges in courts whereas, Statutory Law new laws are issued by various government agencies. The operational level of Common Law is procedural and Statutory Law is substantive. At times, courts will hear challenges to statutes and the courts make law by striking down part or all of it. The Supreme Court has the authority to make law binding throughout the country and the highest court in each state has the power to interpret state constitution.