If the law is declared unconstitutional......you are correct. If not? Tough nuts.
Nope. I am correct; period -- and without qualification.
If a law is UnConstitutional, it is UnConstitutional even BEFORE it is "declared" to be so by a Court.
And any law that is in derogation of the Constitution is a legal nullity. Void
ab initio.
THAT's all there is to it.
Dear IM I have the same problem you do with this system set up to make work for more lawyers.
there is unconstitutional by the "spirit of the laws," like the ACA health care bill
there is unconstitutional by the "letter of the law," like the AZ immigration bill
and then this system of proving/establishing what is or is not unconstitutional
relying on judges/courts to decide, which to me, already violates equal protections
for the people who have to go through this to defend their position against
the people of the other view who already have their law in place, this is not equal
if there is such a dispute, ideally it should be resolved *before* passing a law or ruling
(otherwise the two sides are not equal represented or protected but one is favored over the other)
not wait until after and go through a process
why not go through that process in advance?
using Congress or legislatures as a testing ground
to pass laws and reform them after is an abuse of democratic process
it is not equal where people take sides and bully over the other
putting their own views or beliefs above constitutional equal protections of both sides.