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The first amendment doesn't stop politicians from acting in bad faith. There's no consequences for passing bad laws. Politicians often use this tactic to make headlines and make their opponents waste resources. The only thing politicians have to worry about is getting elected again.
We need to have politicians automatically suspended when they sign a bill that is found unconstitutional. The politician should only be able to be re-instated by a majority popular vote, to ensure the people still believe that representative acts in the good faith of the people.
How many times are voters going to turn up to defend these antics. Are you going to show up every other weekend to revote in Desantis? Or let him be removed from office for trampling on the rights of the people and wasting your time and taxpayer money.
The issue is that some laws make complete sense, but you can have an activist judge or the SC declare it unconstitutional. Legislatures are elected and they can't be expected to know how a law can be interpreted.
Even something as simple as a noise ordinance could be considered a first amendment violation in certain cases.
I live in Illinois, they passed an assault weapons ban last year. Of course the gun people claimed it was unconstitutional because of the 2nd amendment. It's not but someone tried to make that argument and there's a non-zero number of judges who would agree with them.
Isn't that, like, the fucking job? CEOs can't be expected to know if a given task will lose money for the company. Doesn't matter if they were put in that position by a popular vote or a board vote
The people who wrote the constitution could have never imagined how it could be interpreted 250 years later.
They also wouldn't have to worry about losing their seat in the Senate for passing a law that was reinterpreted 250 years later.
Alright, throw the bill onto the vote to re-instated them. Line 1 to re-instated Line 2: Do you think this bill should have passed.
If it gets a majority vote the legislative branch must write a full synopsis and bill to be voted on in the next congressional election (every other year) that would be an amendment to their state Constitution.
It won the popular vote twice, that represents what the people wanted.
Even then, a state constitution can't override the federal constitution. You would need an amendment at the federal level for every statute that violates it. There's still laws on the books that were perfectly legal at the time they were passed, but never got repealed. Although I do think that it should be required to repeal laws that are completely unconstitutional such as sundown laws. Some states will pass preemptive laws that are conditional on a change in opinion from the supreme Court.
Eg, why THE FUCK is Ryan Walters still in office?