Is It Feasible That Any Politicians Would Make a Real Effort to Repeal Unconstitutional Laws of Importance?
Question by G G: Is it feasible that any politicians would make a real effort to repeal unconstitutional laws of importance?
For example, is it likely that anyone in power would make a genuine effort to get laws that infringe upon our civil rights, any time soon?
For example, the Patriot Act, the Federal Reserve Act, and the Comprehensive Drug Abuse Prevention and Control Act.
Or, would politicians face so much disapproval and unpopularity that they wouldn’t risk losing their next election?
Best answer:
Answer by Fenris Wolf
The question of Constitutionality lies with the courts, especially the Supreme Court. The laws, if they are unconstitutional, do not need to be repealed. 9 particular men and women in a room can undo these laws in minutes if the case is brought to them and if they so decide.
Now, if we set aside hyperbole about Constitutionality for a moment, I agree with you that some laws, including at least the 1st and 3rd that you mentioned, are onerous and should be repealed. Sadly, Washington is home for lovers of the status quo. They will not repeal these laws, and our best hope is for those with sunset clauses not to be renewed.
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