What happens when a law is declared unconstitutional? Does it stay on the books and is just unenforceable or does it get repealed without a?

vote by elected representatives?

6 Answers

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  • ?
    Lv 7
    3 years ago

    It becomes immediately unenforceable and irrelevant.

  • Bob
    Lv 7
    3 years ago

    no it gets removed from the books

  • 3 years ago

    Usually it just stops being enforced rather than going through a formal repeal. Some states still have laws on their books that prohibit atheists from holding public office.

  • 3 years ago

    when a law is declared unconstitutional by the supreme court, the GOP house of representatives re-writes it, and sends it to the senate for confirmation.

    usually, there are many add-ons to the laws that are re-written, like more money for the military, reduce food-stamps for the poor, and reward the america train companies with a tax-free status, the churches with priority over the people of the country.

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  • Anonymous
    3 years ago

    It is usually put under a "Stay" for a certain time and the legislators are given time to make amendments or start over.

    It never comes as a Surprise, since the process takes a long time and the suits begin in lower courts.

  • Kieth
    Lv 7
    3 years ago

    The Supreme Court eliminates it. States had laws against gay marriage, the court ruled it was unconstitutional, and the laws were no longer enforceable.

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