3 ms·

I think as a general rule a court will never make a ruling on constitutional grounds when a ruling on procedural grounds will suffice. The natural law argument

• duxup 6y ago
  I think it is just how you ask questions too. If (not debating the one in Wisc here just generally) a government tries to enforce a power they don't have or didn't go through the actual process to use it ... there's not much sense in debating it's constitutionality as that's sort of moot as the context is all lost at that point. I imagine if you didn't stop there it would just be constitutional precedent setting left and right for things you didn't need to do that for. Granted there are exceptions, I have seen decisions in extreme cases where the decision does say "even if you had gone through the process... you probably still couldn't do that".