Replies

Also, how do one challenge a law on the grounds that it is un Consitutional if it is Constitutional until it has been overturned?

A law is a law until it is repealed and determined to not be a law. Laws are repealed, not non-laws?

According to your logic no law could be legitimately challenged because the fact that it had not been overturned would be proof positive that the law was Constitutional.

Bad logic. The challenge is part of the overturning process that could result in declaring a law that is now constitutional to become unconstitutional.

I think I may see one problem in my arguments. I was reading them over to see where I had gone wrong becuase it seemed to me you were being more obstinate that you should have been. I miscopied a quote the first time I posted you. I quoted you twice instead of copying a quote from a Supreme Court case. Maybe this will clear up the confusion. I apologize for messing this up the first time.

"An unconstitutional law is void, and is as no law. An offence created by it is not a crime. A conviction under it is not merely erroneous, but is illegal and void, and cannot be a legal cause of imprisonment." (100 U.S. 371 (1879) Ex parte Siebold)