Rep. Justin Amash Justin AmashCentrist Democrats 'strongly considering' discharge petition on GOP PPP bill On The Trail: How Nancy Pelosi could improbably become president History is on Edward Snowden's side: Now it's time to give him a full pardon MORE (R-Mich.) on Tuesday defended the constitutionality of flag burning, saying President-elect Donald Trump Donald John TrumpOmar fires back at Trump over rally remarks: 'This is my country' Pelosi: Trump hurrying to fill SCOTUS seat so he can repeal ObamaCare Trump mocks Biden appearance, mask use ahead of first debate MORE would violate freedom of speech if he cracked down on it.

"Nobody should burn the American flag, but our Constitution secures our right to do so. No president is allowed to burn the First Amendment," Amash tweeted.

Nobody should burn the American flag, but our Constitution secures our right to do so. No president is allowed to burn the First Amendment. https://t.co/nVkq6WcbHV — Justin Amash (@justinamash) November 29, 2016

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Trump earlier Tuesday floated severe penalties for flag burning, mentioning loss of citizenship or a year in jail.

“Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!” he tweeted.

Trump did not specify what inspired his 7 a.m. tweet about flag burning, which is considered protected speech under U.S. law. The Supreme Court ruled in Texas v. Johnson in 1989 that burning the American flag is allowed under the First Amendment.

A spokesman for Trump on Tuesday said he agrees with Trump that the controversial act should be outlawed.

“I think most Americans would agree with me that flag burning should be illegal. It’s completely despicable,” Jason Miller told CNN’s “New Day."

Rep. Sean Duffy Sean DuffyCNN's Ana Navarro to host Biden roundtable on making 'Trump a one-term president' Bottom line McCarthy blasts Pelosi's comments on Trump's weight MORE (R-Wis.) told CNN he disagrees with Trump, though.

“I don’t think we want to make this a legal issue. So I disagree with Mr. Trump on that, and the court is probably right," Duffy said.

“I think the court is probably right that we want to protect those people who want to protest and their right to actually demonstrate with disgracing our flag, even though so many of us who love our country and love our flag object to it.”

House Majority Leader Kevin McCarthy (R-Calif.) also split with Trump and defended flag burning as free speech.

“We have a First Amendment right. We’ll protect our First Amendment. That’s what the court has upheld,” he said on MSNBC’s “Morning Joe” on Tuesday.