Free Website Directory Politics Alabama: Should We Expedite Constitutional Review?

Tuesday, March 23, 2010

Should We Expedite Constitutional Review?

So what do you think? Should we create a new method to expedite the constitutional review of new laws? (For a presentation of the argument in favor, look "below the fold.")







I would like to see a change to the way we do things now. Currently, in order to challenge the constitutionality of a law, you first have to "have standing," which essentially means you have to be harmed by the law or break it. And it takes YEARS for these suits to travel through the legal system to their final resolution.

But the laws most needing constitutional challenge are new laws, so I'd like to see a new procedure established to expedite constitutional review of new laws by the Supreme Court. ObamaCare is a case in point, where several aspects of the law are questionable in a constitutional context, and those questions should be resolved before the law is put in place and implemented. Our current system allows the passage and implementation of unconstitutional laws for YEARS, if not decades.

We need some way to quickly resolve constitutional questions about newly passed laws.

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