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Legislators that vote on legislation that violates the US Constitution (Original Post) Smackdown2019 May 2019 OP
No, it doesn't work that way. MousePlayingDaffodil May 2019 #1
Separation of powers Smackdown2019 May 2019 #2
Someone had a little too much fun on Sunday... tritsofme May 2019 #3
1. No, it doesn't work that way.
Sun May 12, 2019, 10:01 PM
May 2019

Legislators intentionally enact laws that they know are contrary to Supreme Court precedent so that, once said law is struck down by the lower courts, someone can file a petition for certiorari in the hopes that the Supreme Court will take up the case and reverse the earlier precedent. There is nothing inherently illegitimate in that. Now, if those in a given state think that their legislators are wasting their time, or wasting the state's money, or whatnot, in enacting legislation that is doomed to fail in the lower courts, causing the state to incur legal expenses and so on, in the (likely forlorn) pursuit of a landmark Supreme Court reversal, then the people of that state can vote themselves new legislators next time around.

Moreover, you throw around the word "crime" rather loosely here.

I suggest you learn more about the Separation of Powers doctrine under the Constitution. You may disagree, and strenuously, with how things are going in terms of policy, in this jurisdiction or that, but what you are proposing is, to my mind, profoundly undemocratic.

Plessy v. Ferguson was once Supreme Court precedent as well.

Smackdown2019

(1,188 posts)
2. Separation of powers
Sun May 12, 2019, 11:42 PM
May 2019

Legislation is enacting laws.
Judgical determines the law or legislation is constitutional.
Executive enforces laws.

If legislative branch pushes laws that are already considered unconstitutional, they fail to uphold their oath of office. That is criminal!

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