Tom DeLay: Flag Burning Is 'Not Constitutionally Protected'

Donald Trump's call for a year in jail or loss of citizenship for those who burn the American flag might not meet with the approval of the Supreme Court, former Republican House Majority Leader Tom DeLay told Newsmax TV, but Trump need not let that stop him.

"It's not constitutionally protected," DeLay told host Steve Malzberg of flag burning on Tuesday's "America Talks Live."

"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."

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The president-elect said in a tweet Tuesday: 

Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail!

— Donald J. Trump (@realDonaldTrump) November 29, 2016

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," 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'll have to deal with that and wrestle with that, but we as Americans need to understand, and Trump needs to understand, that a ruling by the Supreme Court is not settled law."

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.

• Hillary Clinton Once Introduced a Bill to Criminalize Flag Burning
  
• Rep. Kevin McCarthy: Flag Burning Protected, But Not Accepted