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It 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.
by monochromatic 13y ago
It 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.