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I always wondered what stopped the legislature passing laws that are unconstitutional, having it canceled a few years later by the supreme court and then passin
by mahyarm 11y ago
I always wondered what stopped the legislature passing laws that are unconstitutional, having it canceled a few years later by the supreme court and then passing a similar law again and having that take a few years in a large cycle. Unconstitutional laws basically become laws with informal sunsetting clauses.
- Jach 11y ago"John Marshall has made his decision; now let him enforce it!" The checks and balances the US has are generally pretty weak.
- shadowfiend 11y agoOften part of disputing the constitutionality of a law is requesting that the court considering it also temporarily put its enforcement on hold, as I understand it. If the court chooses to (and in a case where a law that was already basically ruled unconstitutional has been passed again, one assumes it would so choose), that law is simply ineffective until a final ruling is obtained. Naturally, you can appeal the decision to hold the law's enforcement, but the law is on hold unless and until a higher court overturns it.