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Congress has the power to legislate law. Indeed it can be checked and balanced by the other branches. This question is referred to the use and attempts of arson laws in order to prosecute free speech flag burning type cases.
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Related questions
Who can congress punish?
Biscuits and Gravy
What can congress do to establish justice?
Punish criminals
Can Congress punish piracy?
yes, in fact they can.
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When congress not pass a law that would punish an action?
When it is legal
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The police.
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