Isn’t there a scotus decision that says that laws contrary to the constitution are nullities?
I think this opens up personal liability for deprivation of rights under color of law. - this has penalties-
In Marbury v. Madison the Supreme Court announced for the first time the principle that a court may declare an act of Congress void if it is inconsistent with the Constitution.
“All laws that are repugnant to the Constitution are null and void.”
Marbury v. Madison