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 make this so. Involuntary and non-voluntary death are permissible via the Act.
The Act, as proposed, is therefore unconstitutional. The Delaware Act cannot legally be enacted via its present title.