Posted by tecwrg on 6/24/2013 8:18:00 AM (view original):
No. He's arguing that active, in-force laws can be unconstitutional. I'm arguing that no law is unconstitutional unless and until the Judiciary branch of the government says it is.
We absolutely disagree on this part.
Congress passes laws. They don't decide whether or not those laws comply with the constitution. That doesn't happen until the law is challenged in court (lower courts can throw out an unconstitutional law too, it doesn't have to go all the way to SCOTUS).
Anyone can see that a law violating the tenth amendment is unconstitutional. Even if the Supreme Court hasn't ruled yet, several federal courts have, and they have all found it unconstitutional.
6/24/2013 9:32 AM (edited)