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No, your just wrong here. Courts at every level consider the constitution. Lower level courts routinely rule on constitutional grounds. The legislature routin
by gpm 6y ago
No, your just wrong here.
Courts at every level consider the constitution. Lower level courts routinely rule on constitutional grounds.
The legislature routinely passes unconstitutional laws that purport to punish constitutionally protected speech, and those laws are routinely not enforced against that speech. (Often these laws have other constitutionally valid purposes and are still enforced for those purposes, more rarely their main purpose is to forbid protected speech and they are thrown out entirely).
It is simply not the case in the us that the legislature passing a law against speech means that the speech is unprotected and illegal.
- zaarn 6y agoThe police would very much enforce them, they aren't in charge of what is constitutional or not, unless your police is incompetent. What you'd rather want to say is "they are thrown out in court". >It is simply not the case in the us that the legislature passing a law against speech means that the speech is unprotected and illegal. Until a court considers otherwise, it very much is. A law is valid until a court overthrows it. Hence it requires proper police (the executive) to enforce it. Otherwise the state will just not function.