5 ms·
You have it wrong. Congress passes law to say, intercept all phone calls and store them. Until a court strikes it down is assumed constitutional and legal. You
by throwaway10001 13y ago
You have it wrong. Congress passes law to say, intercept all phone calls and store them. Until a court strikes it down is assumed constitutional and legal. You challenge it and then it becomes illegal and unconstitutional. (The court also changes its mind from time to time so it's not an exact science.)
- bmelton 13y agoThe only thing we have wrong is that for many years we have allowed Congress to get away with implementing laws that are clearly unconstitutional.
- monochromatic 13y agoIt doesn't become unconstitutional when a court says so. From its inception either it is, or it isn't. The issue simply isn't decided until the court says so.
- throwaway10001 13y agoIt doesn't become unconstitutional when a court says so. From its inception either it is, or it isn't. The issue simply isn't decided until the court says so. From a practical point of view there's no difference, we can split hairs if you want.
- argumentum 13y agoThere's obviously a difference .. the SC's decision can be applied retroactively to the cases in question.
- NegativeK 13y agoApplying binary, a priori rigor to things that are written and interpreted by humans feels like the wrong path to go down.
- rayiner 13y ago> The issue simply isn't decided until the court says so. Right. The NSA can make a good faith argument that they designed the program to stay within the bounds of Constitutionality. Their opinion can't override that of the Supreme Court, but until the Supreme Court rules they are entitled to try and interpret the law and act accordingly.
- argumentum 13y ago> assumed constitutional and legal Wrongly assumed.
- genwin 13y agoCorrect. That's why every gov't worker or soldier takes an oath to support and defend the Constitution. It's up to all of us to reject obviously wrong laws.