Dub_James wrote:MarkD wrote:Dub_James wrote:Nope. Pre-empt the law to begin with. If the law's clearly unconstitutional, then it is so even before it's passed. Kill it then, and punish at that point. The problem with bad law is that it has to go into effect before it can be dealt with. Change that flaw, and stop trying to use the system to patch it.
So do we put each new law before the Supreme Court before it's put into effect? Makes staying home on Election day loom even larger.....
In essence, yes, we do, although it would likely not be a Supreme Court. There needs to be a constitutional pre-filter system, with levels of punishment given based on the degree to which the proposed law violates the constitution. And yes, for a law that would never have even gone into effect, there needs to be punishment for even proposing it. It must be that strict.
Every system built so far has been constructed on the notion of what to do once the horse has bolted from the barn. The system needs to be watching all exits, sealing them immediately, then crushing the skull of the stable boy who didn't lock up after he left.
You want a system that *might* work, then it was to be something like this. Nothing less than this is ever likely to be effective. So long as there is no QA and punishment system on legislation and legislatures, then we'll continue to get code bloat, and worse.
You know, my Daddy used to tell me that if you wish in one hand and defecate in the other, you could bet on which would get filled first.
There's a reason why the founders (especially Jefferson) believed there ought to be a revolution every couple generations. With the destructiveness of modern weapons revolution is unthinkable. If you think otherwise, parts of the South STILL haven't recovered from the first attempt to revolt against the Federal government, and nowadays weapons are MUCH more destructive than they were in the first half of the 1860s.
So we can either work within the system we have, or toss it all and try again in a few hundred years after the smoke clears. Assuming of course that someone else doesn't move in on us while we're in a state of chaos during our revolution, such has been known to happen.
Constitutional Convention? Imagine what Obama, Clinton, etc could do with THAT, while we're busy arguing over prayer in schools, abortion, and gay marriage. And that's even before they got into fraud.
Neither your nor my suggestion has a snowball's chance in Hell of passing, every sitting Congressman and Senator KNOWS he'd be in front of a wall before the year was out. There's no WAY a half-way strict Constitutionalist would EVER get onto the Supreme Court (or whatever body is pre-approving laws) again. And how would you choose the members of the pre-approval court? Popular vote? With MA, NY, and CA in the mix? Electoral college?
It would be nice to have that Constitutional pre-screening, but we can barely get obviously unconstitutional laws overturned NOW (NFA, GCA '68 to name two that MAY fall someday, but I for one am not likely to live to see it). And that's without the people WE choose to fill the Supreme Court having to worry about a Capital offense should they vote the wrong way.