>The supreme court doesn't make a law unconstitutional. It already was or wasn't. No. If the Supreme Court is asked whether a law is constitutional or not, the

>The supreme court doesn't make a law unconstitutional. It already was or wasn't. No. If the Supreme Court is asked whether a law is constitutional or not, they form an opinion on whether it is or is not. The law exists as law up until the moment the Supreme Court is asked and interprets it one way or the other. It does not exist as one or the other until that moment, even though it is the law, and after that moment it only exists as one or the other based upon the majority opinion of 9 people. Laws are not discovered to be constitutional or unconstitutional, because interpretations are not discovered, they are formed. >A law can be so blatantly and obviously unconstitutional that everyone can see it and refuses to arrest or charge people for breaking it. That doesn't make the law unconstitutional. It just makes it a bad law. Bad laws can also be constitutional.