[Peace-discuss] Constitutionality

[Bob Illyes]

Lots of things were assumed by the authors of the Constitution, and not 
written down. This doesn't mean that they are not implicit in the 
Constitution, but only that the authors assumed that the interpreters were 
somewhat educated and weren't idiots.

For example, the Constitution doesn't specify that a simple majority vote 
will pass a bill (let me know if you find this- I've looked and failed). It 
also doesn't specify how a law will be determined to be unconstitutional or 
more generally what should happen if there are two laws that contradict 
each other. There are at least five remedies for unconstitutional laws: the 
President can refuse to enforce them, the Congress can change them, the 
courts can tell us what to do about them, the people can engage in civil 
disobedience, and the Constitution can be amended. All of these remedies 
have been used.

John's claim that a law is unconstitutional only when found so in court is 
rather like saying that your wife isn't cheating on you unless a judge agrees.

Bob