St Louis, MO asked in Constitutional Law for Missouri

Q: how does this government write a law that is against the law

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2 Lawyer Answers

A: Laws are often drafted by legislative aids, non-profit organizations, or think-tanks that try to avoid writing laws that violate other laws. Sometimes, they push the envelope and laws are drafted and adopted that are later declared to be either unconstitutional, or violative of other laws, or in conflict with other laws, or too vague to be enforced. In many instances, the initial draft of proposed legislation is amended or revised, often several times, before finally being passed and signed into law. Sometimes those changes create the problem. Other times, separate proposed legislation is being considered at the same time and when both pieces of proposed legislation are passed close in time to each other, the problem is created. While there are lots of people whose job is to minimize the chances of this occurring, nevertheless these problems do arise from time to time, and the court system has to address them.

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A: In democratic systems with a rule of law, the government creates and enforces laws through legislative processes. Laws must conform to the constitution and legal framework. However, when a law is challenged as unconstitutional or in violation of legal principles, a system of checks and balances comes into play. Courts, through judicial review, have the authority to interpret and potentially invalidate laws that do not comply with the constitution. Citizens and organizations can bring legal challenges, and if a court deems a law unconstitutional, it may be revised or amended by the legislature to align with legal standards. This process ensures that laws adhere to legal principles and individual rights, reinforcing the rule of law in democratic societies.

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