[Consort]

Are you still proceeding from the assumption that laws aren't unconstitutional until the courts declare them to be so?

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Yep.

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Despite the fact that courts have repeatedly stated that unconstitutional laws are invalid from the get-go?

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Yep. The get-go (retroactivity) part provides the mechanism to undo, as much as possible, what the newly determined unConstitutional law did while it was still Constitutional. The problem is that "get-go" can't undo time served in prison or the death penality or the effects and ripple effects on those involved. Court decisions are overturned all the time. Laws are repealed. Again you know all this. (Clinton was fond of parsing, as well).

[inquest]

Where are you getting this "while it was still Constitutional" business? If it was unconstitutional once, it was unconstutional always. It's not that hard to understand. There isn't a single court in the land who would agree with your "while it was still Constitutional" assessment.