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Right now if an unconstitutional law is passed, it is up to the individual citizen who is affected to try and do something about it, forcing them to deal with a possible arrest and/or the time and money to mount a legal challenge. Meanwhile the lawmakers who proposed and voted for the law get to go on their merry way without the slightest inconvenience.
What if lawmakers had to put their own money and/or liberty on the line? If a law is found to be unconstitutional, the legislators who voted for it suffer some kind of penalty or fine. Could this help keep legislative abuse of power in check?
It would be preferable if we had alert, informed, vocal citizens who would bombard any supporting legislators with so much energy that the proposals would be abandoned.
So you want the supreme court to review not just every law but every proposed bill?
It would be nice if someone (a separate body of some sort) did before they became law. But no, I meant if it was found to be unconstitutional after the fact.
Another possibility is to change the Constitution. Just because something is in the Constitution doesn't mean it is the best thing or the right thing or the smartest thing - especially today.
Right now if an unconstitutional law is passed, it is up to the individual citizen who is affected to try and do something about it, forcing them to deal with a possible arrest and/or the time and money to mount a legal challenge. Meanwhile the lawmakers who proposed and voted for the law get to go on their merry way without the slightest inconvenience.
What if lawmakers had to put their own money and/or liberty on the line? If a law is found to be unconstitutional, the legislators who voted for it suffer some kind of penalty or fine. Could this help keep legislative abuse of power in check?
There are interested parties such as the ACLU and others who would probably file suit and the law would be subject to judicial review. This can happen at the state level, as well as at the federal level. This happens frequently. It happened to the Affordable Care Act, which was ultimately upheld by the Supreme Court.
Right now if an unconstitutional law is passed, it is up to the individual citizen who is affected to try and do something about it, forcing them to deal with a possible arrest and/or the time and money to mount a legal challenge. Meanwhile the lawmakers who proposed and voted for the law get to go on their merry way without the slightest inconvenience.
What if lawmakers had to put their own money and/or liberty on the line? If a law is found to be unconstitutional, the legislators who voted for it suffer some kind of penalty or fine. Could this help keep legislative abuse of power in check?
This goes along with something I think should make sense -- that one of the other co-equal branches of government should be able to request the Supreme Court to weigh in on issues before a law is passed.
What if lawmakers had to put their own money and/or liberty on the line? If a law is found to be unconstitutional, the legislators who voted for it suffer some kind of penalty or fine. Could this help keep legislative abuse of power in check?
Nope. Having the courts declare the law unconstitutional is already a check on their power. Plus they are protected from arrest by the Speech or Debate Clause of the Constitution. If you don't like them doing it, work on getting them voted out of office.
Every proposed bill? No. Most bills are not questionable in terms of constitutionality.
But those that are...why not?
Who determines what bills are "questionable?"
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