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"US legislators who knowingly pass unconstitutional laws have violated their oath of office."

#EvanPoll #Poll

  • Strong agree (76%, 200 votes)
  • Qualified agree (18%, 49 votes)
  • Qualified disagree (3%, 9 votes)
  • Strong disagree (1%, 5 votes)
263 voters. Poll end: 1 year ago

Evan Prodromou reshared this.

By the way, we have the same problems in the EU countries. But some countries have a stronger jurisdiction, others a weaker one.
I think there's room for situations where the law is passed to demonstrate that the Constitution itself is flawed/immoral and needs to be amended.
@SamUpstate the US House and Senate swear an oath to support and defend the Constitution, and bear true faith and allegiance to it.

https://www.senate.gov/artandhistory/history/common/briefing/Oath_Office.htm
@SamUpstate same goes for most state legislators and senators I can find, although I haven't checked them all.
many local officials as well, and military officers.
@SamUpstate this is required by the federal constitution in article VI: "the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution"
https://en.wikisource.org/wiki/Constitution_of_the_United_States_of_America
but the Constitution also provides for its own amendment, and part of that process is building public consensus for the change. I'd argue that if the unconstitutional law is passed in that spirit, then the legislators who voted for it have upheld their oath.
During its Lochner period, SCOTUS overturned many efforts to regulate economic activity such as minimum wage & maximum work-hour laws, claiming they violated the Constitution's implicit "right to contract."

Congress continued to pass more such laws, knowing the Court would likely strike them down. Eventually the Court shifted, and more laws survived.

Hence my "qualified yes." One can have a good-faith belief a law is constitutional, even if one knows it isn't under prevailing doctrines.

This seems like a pretty important one.

I'm a qualified agree. I find it really uncomfortable to have people with power and responsibility actively attacking the rights defined and interpreted in the Constitution.

I understand that part of change is pushing the envelope.

I'd prefer if that envelope wasn't about impinging on the rights of US individuals.

Thanks to everyone who responded.

This entry was edited (1 year ago)
For me the deal breaker was “knowingly “. Public officials knowingly limit the rights of any group of citizens is unacceptable. America is in a weird phase where most every racist, anti-immigrant,sexist and just plain odd point of view is being expressed and supported by the likes of Fox News and NYT.

Knowingly limiting the rights of people , and putting the lives of people ( irrational restrictions on OB/GYN medicine) to make political points is unacceptable.