Why Choice is an Illusion?

Sunday, December 3, 2023

Proposed Delaware Act (HB 140) Is Unconstitutional

By Margaret K. Dore, Esq.

Delaware's Constitution has two rules to determine the constitutionality
of a legislative enactment:  (1) the single subject rule; and (2) the object in title rule. In order for a legislative enactment to be constitutional, there must be compliance with both rules. 

Here, the proposed Act’s title is: “The Ron Silverio/Heather Block End of Life Options Law." The title thereby implies that the Act is "optional," meaning "left to one's choice." 

On close examination, however, the Act has no enforcement mechanism to ensure that the Act is voluntary. Involuntary and non-voluntary death are allowed via the Act. 

The Act, as proposed, is therefore unconstitutional. The Act cannot be legally enacted via its present title.