>> Donald Trump on Tuesday taking on a new target in a trademark early morning Tweet, urging harsh punishment for burning a US flag. Trump Tweeting, nobody should be allowed to burn the American flag. If they do, there must be consequences, perhaps loss of citizenship or year in jail.
Trump either unaware, or unimpressed, that the Supreme Court has twice ruled flag burning to be protected under the Constitution's first amendment. Most recently, in 1989, the late conservative Justice Antonin Scalia, citing with protestors in a landmark 5-4 decision. Political correspondent Andy Sullivan.>> Why would Trump be doing this right now?
That's a very good question. I mean, guys are busy trying to figure out who's gonna be Secretary of State? He hasn't named the head of Defense Department yet. He has got a lot of stuff to worry about. I think what we've seen from Donald Trump over the past year and a half is He's not a particularly disciplined executive.
When something interests him, he'll pop off on Twitter.>> Trump's Twitter rant reportedly overlapping with the Fox news segment on a Massachusetts college where students were alleged to have burned a flag following Trump's election victory. Efforts to outlaw flag burning rare but not unheard of in either party.
>> Republicans have regularly tried to pass a constitutional amendment, change the Constitution so that they could outlaw flag-burning and other forms of desecration.amendment changed the constitution so that they could outlaw flag-burning and other forms of desecration. They haven't really gotten far. Trump could try again, but you need a two-thirds vote, both within the Senate and the House and it's got to go to the states and you've got to have three-quarters of them approve it as well.
So, I think it's safe to say, we're not gonna see any laws along these lines passed any time soon.>> In 2005, as a New York Senator, Hillary Clinton co-sponsored a bill that would have imposed a one year jail term for flag burning. The bill went down in flames.