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Anyone whose rights could conceivably be violated under some law has standing to challenge it. "You have to bring the case" what's the alternative, that someon
by ikeboy 11y ago
Anyone whose rights could conceivably be violated under some law has standing to challenge it.
"You have to bring the case" what's the alternative, that someone sues for every new law even if nobody thinks it's unconstitutional? Who exactly do we get to argue for outcomes nobody believes or wants? (Yes, lawyers will argue for things they don't believe, but somebody wants that outcome).
So if everyone likes a law, the best thing should be not to have a lawsuit. If someone doesn't like a law, then they can go ahead and sue.
Or do you want all laws to be delayed until pending lawsuits finish? But if a court agrees that you're very likely to prevail, they can issue an injunction to prevent the law from going into effect. Most laws have a waiting period before becoming law anyway.
Could you be very specific in which particular aspect of modern American jurisprudence you would abolish, what your justification for that is, and what you'd replace it with?
- sitkack 11y ago> Anyone whose rights could conceivably be violated under some law has standing to challenge it. It is extremely difficult for an individual to bring a case before the court to challenge a law _without_ having that law being used against the same individual. You have to commit the crime and be charged using the law. That would give you standing. The government can pass all the unconstitutional laws they want, which then get applied to people, if someone has the means to fight and win, then the law gets overturned. There is no lower or time limit to which laws can violate the constitution.
- ikeboy 11y agoThat's incorrect. For first amendment violations, everyone has standing, and for everything else, you only need to show that it will harm you, not that it's being used against you. See https://en.wikipedia.org/wiki/Standing_(law)#Recent_development_of_the_doctrine https://en.wikipedia.org/wiki/Standing_(law)#Recent_developm... and the next two sections.
- sitkack 11y agoThanks for the link, I will have to look into this more.