Constitutionality Test Prior To Proposing New Laws

PROPOSED: All laws must pass a constitutionality review prior to being voted on. If they cannot pass a constitutional review, they may not be presented for voting.

RESULT: All new laws passed will respect constitutional rights.
RESULT: The number of new laws passed will be significantly reduced.
RESULT: Lawmakers will be prevented from implementing laws that produce discrimination, overreach, and bias.
RESULT: Lawmakers will learn the constitution.
RESULT: Over time, law making will get more efficient, leaving elected reps time to work on solving important problems.

DISCUSSION:
The current process where a law is enacted, enforced, people’s lives are affected, the law is challenged in court, and eventually found unconstitutional is wrong for the following reasons:

  1. It fails the “do no harm” test - great, sometimes irreversible, harm can be done before the law is determined to be unconstitutional.
  2. No redress is provided when people’s lives, finances, and freedom has been violated by the unconstitutional law while it was in force.
  3. No compensation is possible for people who have lost their liberty due to unconstitutional laws.
  4. Enormous amount of overreach, harm, excess control, invasion of privacy, and unconstitutional regulation has to be navigated by citizens every day.
  5. Unconstitutional laws proliferate, eroding congressional respect for the constitution they are sworn to protect, and increasing the unconstitutionality of future law proposals.

CONCLUSION:
Laws should be tested for constitutionality before they can be brought to the review-and-approval process, saving time, money, and safeguarding citizens constitutional rights.

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