The price of breaking the constitution is too low in western countries

The price of breaking the constitution is too low in western countries

I have been mulling over this topic for a while and i think it's one of the main reasons people on all political sides feel their constitutional rights aren't respected enough even in western countries.

A mechanism should be in place to punish any violator of the constitution extremely harshly.

How? let's see how it should work in practice for me, at the federal level in the USA (it should apply at state level for the state constitution as well, and ofc in other countries as well).

You are a legislator, or member of the executive in an executive function, of law official, or anyone else acting under the power of the law.

Your actions are later confirmed to be a violation of the constitution by a court , with appeal confirming, or by SCOTUS. You didn't act under precedent, nor with legal counsel specifically telling you they thought your actions were constitutional.

Well, at a very minimum you should be barred from holding office (elected or otherwise) for life, and to work for the state in any capacity, always for life. You should be kept away from state power like a child rapist is kept away from children.

And under judgement of the court that finds your actions unconstitutional, depending on the severity of the constitutional breach and statutes written for the purpose, you should potentially go to jail, potentially for a long time, and/or pay damages to the victim(s) of your constitutional violation(s) (from personal assets).

What would that generate as a second order effect? that anyone using state power wouldn't even dream of doing any action that isn't 100% transparently and uncontroversially constitutional.

That any shade of doubt about that, even the slightest, would convince the actor to ask the courts BEFORE enacting his legislation/EO/agency decision (yes rules have to be amended to make it the case that courts can be asked about the constitutionality of a statute/EO and so on BEFORE it is enacted. it is incredible this isn't the case already).

*if legal counsel tells you it was constitutional and it wasn't, you don't pay anything and they lose their license

Results: state power will behave according to the constitution and it's interpretation by the judiciary, everyone wins. Except people who hate the constitution that is.

Another needed change would be to change standings rules: everyone should be able to have standing in contesting the constitutionality of any action by any part of government just by being a citizen of a country.

26 August 2024 at 11:21 AM
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by tame_deuces k

Your posting history makes you out to be very, very far from a libertarian or libertarian-leaning, though it is clear that you like the image of libertarianism. I realize it is often a hazy concept, especially due to the high number of crypto-conservatives that dub themselves libertarians. Still, libertarians don't really run around calling on state power constantly, and they certainly aren't fans of supercharged judiciaries.

In this thread you come across more as a Stalinist.

Anarchofascism itt

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