Burning of the American Flag is Not Protected by the Constitution
Donald Trump’s call for a year in jail or loss of citizenship for those people who burn the American flag may not meet with the approval of the Supreme Court, but Donald Trump need not let that Stop him.
“It’s not constitutionally protected,”Tom DeLay said of flag burning.
“The Supreme Court ruled that way but a ruling by the Supreme Court, according to Article III of the Constitution, is only a suggestion if it’s not supported by the executive branch.
“And the legislative branch and if you look at Article III there’s also opportunities for Congress to limit the jurisdiction of the courts and tell the courts what cases they can hear.”
Tuesday, the President Elect said: Tom DeLay said he passed a bill during his final year as House leader which told the Supreme Court it could not hear a case on Flag burning.
“It passed the House and it never got through the Senate, but that’s what the Congress needs to do — pass a limiting jurisdiction bill telling the judiciary that they can’t hear cases on burning the flag and then pass a statute making it illegal and providing a punishment for those that do so,” Former Speaker DeLay said.
“There’s a glaring omission in Article III. There is no enforcement mechanism … Enforcement of rulings by the judiciary has to come from the Executive branch and/or the Legislative branch.
“It’s very clear in the Constitution that they will have to deal with that and wrestle with that, but we as Americans need to understand and Donald Trump needs to understand that a ruling by the Supreme Court is not settled law.”
Mr. DeLay, who represented Texas’s 22nd congressional district from 1985 to 2006, is the author of “Revival! Revolution! Rebirth!: A Radical Call from the Former Majority Leader of the United States House of Representatives,” written with Wallace Henley and published by WND Books.
To Stop Flag Burning, Prosecute the Burners.
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