bigtakilla said:
It passed, it is law.
|
Doesn't matter if it passed. We still got tons of laws in the books (such as blue laws or Sunday laws) which are unenforceable.
In Louisiana, police tried to arrest a gay couple because of a sodomy law that is still in place. However, the District Attorney refused to charge the men, because the laws were found unconstitutional 10 years prior by the highest court in our nation, the Supreme Court.
Same with the Flag Protection Act. In 1990, it was deemed unconstitutional by the Supreme Court. When a law is struck down by this court, even if it's in the books (again, like so many outdated blue laws that still exist), they are unenforceable. It's not that people won't enforce it, it's that they can't. All a lawyer has to do is cite precedence stating that the Supreme Court deemed it unconstitutional (specifically referencing United States v. Eichmann) and poof, issue is resolved. Police won't try to arrest someone for this, but even if they did, a lawyer isn't needed to defend the defendant, because the DA won't charge that person since it is their duty to uphold the constitution.
https://en.wikipedia.org/wiki/United_States_v._Eichman