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by bowlinggreen on August 28th, 2006

bowlinggreen

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Why is it legal for legislators to write laws like the Patriot Act that go against the Constitution?

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  • by mrblanche on August 28th, 2006

    mrblanche

    A legislature can write any sort of laws that it wants to. Mark Twain said, "No man's life, liberty or property is safe, so long as the legislature is in session."

    However, if someone who is harmed by a law (and virtually every law operates by taking rights and priveleges away from someone) can take the government to court. Ultimately, it may end up in the Supreme Court, which deals with consitutional issues.

    The bad news (for you, anyway), is that the Patriot Act has been upheld in virutally every court case it has faced so far. Not every case, however.

    Just so you understand, virtually every law gets challenged by someone, so eventually legislatures try their best to write their laws in such a way that they are constitutional. This is the purpose of the courts, and legislation and court rulings form a constant ballet between the three branches of government, each trying to do what the other two will allow.

    For example, the original income tax law was ruled unconstitutional, so the Congress had to write an amendment (the 16th), which was then passed by a sufficient number of the states, making it legal. Lincoln signed a declaration (Called the Emancipation Proclamation), freeing the slaves in the southern states, but a constitutional amendment (the 13th) had to be passed outlawing slavery.

    See how it works?

    Please note that someone has to show they are HARMED by a law before they "have standing," and can sue.

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