Until there are some kind of real penalties for submitting unconstitutional legislation, we will not be able to stop these clowns from abusing our state legislatures.
Until you get clowns like we have in the Supreme Court shooting down women’s healthcare rights and this too becomes weaponized against the Democrats because those rights are somehow “unconstitutional”.
I say blatantly which would be different in legalese but basically, if it is directly without need for interpretation such as saying gay people cannot be teachers which is directly discriminating against sexual orientation, then you’re out. Meanwhile if it’s later found to be unconstitutional due to interpretation or implementation such as stop and frisk then you’re not removed, though any laws copying said law that was already found unconstitutional WOULD then cause you to be removed because duh we’ve been here before.
Edit: also, only said outed from office and not banned as if it’s used to remove people they could still be voted back in with a special election or whatever, similar to what happened with jones/pearson being removed using bullshit.
It really should have to pass some form of nonpartisan review before being able to be introduced. I hate that as a private citizen, I have to track possible legislation and make time during the day to tell them that it's clearly unconstitutional, have them pass it anyways, and then wait between 2-10 years for the courts to tell them (maybe).
Informally, I believe this has been resolved by having the state attorney general sign off on most legislation as to its constitutionality. In my state, the attorney general is a shitheel. But, he has called out anti-gay legislation as blatantly unconstitutional and a waste of time and money. The lawmakers want headlines and ALEC money. They don't give two shits about it being lawful or costly or harmful.
If I insinuated they could block it, that wasn't my intention. It is basically a check without teeth. They can make a stink about it and a recommendation to the governor before signing but they have no legislative power.
I've been thinking along the same lines for a while. If I call 911 and submit a knowingly false report, I get charged with a crime. If I submit knowingly false paperwork to the government, I can be charged with a crime or at least infraction and fined.
But these people we elect who have entire staffs that are for making sure they always have enough information are submitting blatantly unconstitutional laws just to get them passed through a majority congress to be again and again shot down at the judicial level should really face consequences.
Though I don't know what that would be without it being used to easily punish political opponents. If there's a law that does this and gives the judiciary more power, how will it be used when conservatives control those 2 branches?
Until there are some kind of real penalties for submitting unconstitutional legislation
Who Watches The Watchmen?
Who gets to decide what constitutes "Unconstitutional Legislation" and dole out the penalties? The courts (stacked with conservatives)? The police (staffed with fascists)? The voters (caged until only the Republicans have a functional majority)?
At some level, this is a popular movement of the Elect. It isn't just Ron going off on a limb. He's got enormous financial and social support from other like minded white supremacists.
That's not something you can combat without an organized opposition.
Yes, this is the danger of fascism playing with language.
They aren't trying to be logical or fair. They aren't here for debate. They're here to do what they want to do, period.
Which is why they also inevitably fall apart, (eventually) they can't even have that conversation internal to the movement and agree on what it is they want to do.
Yes, this is the danger of fascism playing with language.
It's more than that. It's a power dynamic.
At some point you need a large group of people in positions of power supporting a policy in order to enact it.
Even reducing this down to liberal v conservative, you're not going to find a political body favorable to liberals when it is stacked with conservatives.