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Say that a law says "No person may wear a green shirt." Now say I go outside in a green shirt. I am now violating the law. If someone pointed this out and said
by CobrastanJorji 4y ago
Say that a law says "No person may wear a green shirt."
Now say I go outside in a green shirt. I am now violating the law. If someone pointed this out and said, "that's not legal," they would be correct. A police officer or a court could compel me to change shirt, but I would never go to prison or be fined for wearing a green shirt because the law doesn't define any sort of penalty. It's not a misdemeanor. It's not a felony. It's just not legal.
Similarly, if government agents act in an unconstitutional manner, they are generally not committing any crimes. They are just doing something illegal. The police officers will not face any penalties besides perhaps a poor performance review on their job. The police office itself will not face any penalties besides perhaps, if there are enough serious violations, a DoJ investigation of some sort, which would at most aim to force them to stop doing illegal things.
- gspencley 4y agoI see and understand your point now. Thanks!