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Wednesday, August 23, 2017

Professor: State Senate rule on Pledge of Allegiance might violate Constitution

DOVER — A rule in the state Senate requiring anyone in the chamber to stand for the Pledge of Allegiance may be unconstitutional, according to a law professor.

Included in the rules of the Senate, which are approved by members at the start of every two-years session, is a provision stating, “Any person on the chamber floor or in the balcony who is not a member of the Senate and who refuses to salute the American flag at the time such ceremony occurs shall leave the chamber floor or balcony.”

President Pro Tempore David McBride, D-Wilmington Manor, said the language was put in at his request, likely at some point in the 1980s.

“If you’re in the chamber, you have a responsibility … to salute the flag,” and anyone who wishes not to stand “should get out,” he said.

But that rule may violate the U.S. Constitution, according to Delaware Law School Dean Rod Smolla.

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4 comments:

Anonymous said...

Go ahead, let it violate something and please identify who the honoring the of the pledge objects to it. I am tire of people telling me that I am a DEPLORABLE or that I CLING TO MY BIBLE. I will not vote a single democrat (at least in Delaware) into office who feels they are better than I and my friends. It's gone on long enough!

Anonymous said...

Smolla, Rod
😂🤣😂🤣

Anonymous said...

Those of us who THINK about political matters and symbols are aware that the US Government (for which the flag stands) does NOT CARE about "we the people" on lick. Therefore, why would a discerning American Patriot salute this evil government's flag?
Why would we?

How do we now express our dissatisfaction with this government if not by the very minor symbol of refusing to "salute" its flag?

Think about it people.
You are being mind controlled into blind submission and worship of this government.

Anonymous said...


Smolla is a well-traveled legal academic administrator. Made it to President of Furman U for a few years. Wife was put on payroll there before messy divorce. Fast engagement after followed by sudden resignation. Couple years in the wilderness as guest lecturer before managing to snag Delaware gig. Delaware Law is the renamed Widener Law. It's known for having renowned legal genius Crazy Uncle Joe Biden as an adjunct.

So it's clear the Delaware legislature should stop, look and listen. Or not.