there should be a penalty for members of the government who pass unconstitutional legislation

[no1brownsfan]

Originally Posted by monkeywrenching

yeah, like 3-5 years in a state prison for each bill passed that is unconstitutional.

I'm fine with this.

[bcattwood]

The problem is that there is no objective measure of whether a bill is unconstitutional or not. If there was we wouldn't need a SC. As it is, we have laws frequently found constitutional or not with split decisions made along party lines. If deciding constitutionality were cut and dry, this wouldn't happen.

[MTAtech]

Originally Posted by TheHurricaneKid

After reading some contested legislation, I have arrived at this conclusion.

It is ridiculous to think that the government can cause such undue hardship to the people of America without consequence.

My suggestion is that if you are going to start a thread, you should be specific not vague.

What unconstitutional legislation are you referring? What undue hardship?

Roe v. Wade ruled that the Texas law banning abortion was unconstitutional. Should the Texas legislature that passed that law go to jail or be fined? How about the governor that signed it? Should those that voted against it also be sanctioned?

My take is that you gave this a few seconds worth of thought before posting. Generally speaking, a public official is immune from what they perform in their official capacity. The result would be nobody would want these jobs and no laws would be passed.

[TheHurricaneKid]

The Patriot Act.