Sunshine
Trust the pie.
- Dec 17, 2009
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Well here's the thing. A state can choose not to enforce a law, but you might want to consider for a minute whose responsibility it is to enforce the law and what your avenue is for redress should you be harmed because said law was deliberately not enforced.
NOW, if a citizen decides a law is not Constitutional and breaks that law, he will be arrested and tried according to due process procedures. It would have to go all the way to the Supreme Court to get the law struck down. There was a judge way back there who was always disobeying 'illegal' laws, and he was always getting thrown in jail. But the case would work it's way up the system until the law was struck down. I can't recall that judge's name. The only one that comes to mind is Learned Hand and I don't think it was him..
NOW, if a citizen decides a law is not Constitutional and breaks that law, he will be arrested and tried according to due process procedures. It would have to go all the way to the Supreme Court to get the law struck down. There was a judge way back there who was always disobeying 'illegal' laws, and he was always getting thrown in jail. But the case would work it's way up the system until the law was struck down. I can't recall that judge's name. The only one that comes to mind is Learned Hand and I don't think it was him..
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