Is it correct to say a law can be passed and the constitutionality of it is passed on to more attorneys to figure out while the citizens suffer. Where does the burden of proof lie? On the citizens while possibly detained??
With this mentality why don’t they just pass a law saying no firearms after Oct. 1, confiscate, delay and destroy. We’ve now seen how this sausage can be made ....
Yes. They could. Probably even a Maryland Judge, let alone even an Obama appointed federal just would grant an immediate injunction on it and probably also find it violated the 2nd Amendment. At least any year so, anything that drastic would pretty easily be defeated.
But we can’t sue legislators for “performing their jobs”. Only try to vote them out. So they can pass any law they want. Doesn’t matter if it is blatantly unconstitutional. They could pass a law saying just me is considered persona non grata and all of my posession s are to be seized and I am to be shit by firing squad upon the rising of the next sun. That is unconstitutional on a number of grounds...but it doesn’t matter, if have to go to court to get an injunction against the law being enforced (is hope any officer of the law or court would refuse to uphold such a law, without an injunction or court order telling them how BS it was).
Not a thing I can do against the legislators who pushed it through.