Problem; Lawmakers who pass unconstitutional laws or laws found unconstitutional by SCOTUS are allowed the full weight of taxpayer government funding to defend the legislation in court and uphold the legislation as it exists in law. Additionally there are no repercussions for such egregious violations of our rights outside of a POSSIBLE defeat in an upcoming election; history has shown that through a corrupted system this is unlikely.
Discussion; As the system currently exists at this time, lawmakers who draft, enact, and enforce legislation that is found to be unconstitutional get to use an expansive amount of taxpayers funds to do so. Meanwhile, those who challenge these laws only have the benefit of their own money (which is taxed) and those funds donated for the case to petition against the legislation. Additionally, if the case is lost, often times the drafter(s) and yea voters of the legislation in question suffer no consequences (financially) for these laws when they are clearly unconstitutional/ found unconstitutional (other than the POSSIBLE loss of of their next re-election bid). Indeed many of these legislators often go back for a “second bite at the apple” and attempt to bypass the ruling(s) on the law in question with simple rewording which again wastes taxpayer money.
Solution; Develop a policy whereby if a law is adopted that is later found to violate individual/ states rights outlined in the US Constitution the yea voters and drafters of the law are up for an immediate recall election and are also financially liable to offset the cost of the court proceedings and administrative fees associated with the challenge of the legislation in question until the matter is resolved (immediate seizure/ freezing of all assets and bank accounts). If voted out of office as a result of the recall election (fair and free election) they are additionally barred from ever holding another elected public office or appointed office ever again. In short they are to be fined and if defeated by the people in an election they are permanently fired.
-Andrew Calverase