Update 18 U.S.C. Section 242 to require prosecution of government officials that pass a law or give the order to enforce a law that is found to be unconstitutional. Update the minimum sentence to 5 years in prison, with restitution and immediately removal from the government position they hold with a prohibition on running for elected office for 10 years, once convicted. If the person pleads guilty, the minimum sentence must be a 10 year prohibition on running for elected office and restitution.
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I understand where you are coming from, but practically speaking, Supreme Courts come and go. What is law now can be overturned by another Court. It is challenging to know for sure how the Constitution will be interpreted so very difficult for a lawmaker to know whether something is constitutional or not. Plus in order for it to be passed, There are hundreds in Congress plus the President who voted for it and signed it. What is their culpability? By the time the law is challenged and taken to the Supreme Court, the legislative authors may be out of politics altogether, especially if we get term limits passed. Don’t think this is practical or fair. There are plenty of things legislators should be held accountable for and even punished for, but I don’t think this is one of them.
And none of that changes the fact that it still needs to happen.