bullmoose88
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Posts: 14,515
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« on: July 18, 2010, 02:54:10 PM » |
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Its the Supreme Court's job to determine the constitutionality of legislation once it is challenged in court. Not on second beforehand.
Legislators would be wise to generally consider if their proposed legislation's constitutionality would be upheld on a challenge (and craft it accordingly) BUT it is appropriate for legislators to propose and pass legislation which is seemingly unconstitutional at passage if they hold a good faith belief that the court might potentially find it constitutional (or change common law to do so).
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