>Something I've been wondering in recent cases where courts are overturning recent government action, whether unconstitutional bills passed into law, or unconstitutional executive actions that overstep authority, is where's the penalty for committing those actions in the first place?
Unfortunately the penalty falls only on the taxpayer, and not at all on the lawmakers who pass unconstitutional laws or declare executive actions that they do not have the legal authority to declare as law. Indeed, lawmakers routinely flaunt their ability to enact laws that they know are unconstitutional across the political spectrum, to abortion laws (pre Dobbs) in "red states" to gun laws in "blue states". The recent NY legislation in the wake of the New York State Rifle and Pistol Association v. Bruen decision is the perfect example. It contained all sorts of blatantly unconstitutional measures, like requiring those applying for gun permits to turn over all their social media accounts for scrutiny. But since there is no potential penalty suffered by lawmakers who willfully and knowingly violate the Constitution, this sort of unlawful, blatant political pandering is going to continue.
Unfortunately the penalty falls only on the taxpayer, and not at all on the lawmakers who pass unconstitutional laws or declare executive actions that they do not have the legal authority to declare as law. Indeed, lawmakers routinely flaunt their ability to enact laws that they know are unconstitutional across the political spectrum, to abortion laws (pre Dobbs) in "red states" to gun laws in "blue states". The recent NY legislation in the wake of the New York State Rifle and Pistol Association v. Bruen decision is the perfect example. It contained all sorts of blatantly unconstitutional measures, like requiring those applying for gun permits to turn over all their social media accounts for scrutiny. But since there is no potential penalty suffered by lawmakers who willfully and knowingly violate the Constitution, this sort of unlawful, blatant political pandering is going to continue.