Why not take the offensive against unconstitutional bureaucrats?

won-a-glock · September 4, 2010, 03:35 PM

Why is it that a law that is patently unconstitutional has to be tested by a citizen by putting their freedom on the line? Why can't the tables be turned and the bureaucrats that made, signed and enforce an unconstitutional action be arrested for anti-constitutional actions, then they have to defend their actions as constitutional?

Not a lawyer, just curious.

Glenn E. Meyer · September 4, 2010, 04:06 PM

Because the law isn't written like that. Also, practically, the entire set of state Governments in the South would have been arrested after the SCOTUS found segregation to be unconstitutional.

After the state of TX's law against sodomy was overturned, should the state goverment and legislature be arrested? What if the law was passed years ago. Get in the time machine to arrest them?

No offense but the checks and balances of the government work such that bad laws get overturned by new laws or the courts. Arresting past legislatures for actions we now disagree is a little too much.

I don't see this going anywhere. If another mod disagrees, open it.

Closed.

September 4, 2010, 03:35 PM	#1
won-a-glock Member Join Date: April 30, 2010 Location: 'sub-urban' to rural desert Posts: 64	Why not take the offensive against unconstitutional bureaucrats? Why is it that a law that is patently unconstitutional has to be tested by a citizen by putting their freedom on the line? Why can't the tables be turned and the bureaucrats that made, signed and enforce an unconstitutional action be arrested for anti-constitutional actions, then they have to defend their actions as constitutional? Not a lawyer, just curious.

September 4, 2010, 04:06 PM	#2
Glenn E. Meyer Senior Member Join Date: November 17, 2000 Posts: 20,064	Because the law isn't written like that. Also, practically, the entire set of state Governments in the South would have been arrested after the SCOTUS found segregation to be unconstitutional. After the state of TX's law against sodomy was overturned, should the state goverment and legislature be arrested? What if the law was passed years ago. Get in the time machine to arrest them? No offense but the checks and balances of the government work such that bad laws get overturned by new laws or the courts. Arresting past legislatures for actions we now disagree is a little too much. I don't see this going anywhere. If another mod disagrees, open it. Closed. __________________ NRA, TSRA, IDPA, NTI, Polite Soc. - Aux Armes, Citoyens