An government action (or law) is unconstitutional if performing or enforcing it will result in a violation of laws, regulations and rights guaranteed in the Constitution of an appropriate country.

In some countries, unconstitutional laws may be repealed (or actions declared illegal) by court, while in others, they may be ignored. The United States of America is (mostly) in the first category.

In the United StatesEdit

Any action by United States government can be declared Unconstitutional if the Judicial Branch of the Federal Government rules that such action violates the laws, regulations, and rights guaranteed in the Constitution of the United States that established the rule of government in the first place.

A law created through the Legislative Branch or its enforcement through the Executive Branch is usually declared Unconstitutional if it meets the following criteria:

  1. It says or does something that the Constitution says not to do. For example, the government wants to tap your phones without judicial oversight, but the Third Amendment pretty clearly says no.
  2. Somebody complains about it and sues the government in court. For example, I think that it sucks that the government wiretapped my phone, so I file suit in federal court.

Such a case is usually settled quickly when the law so blatantly violates the Constitution. However, some in the former ruling party under George W. Bush wanted their laws to get around such pesky technicalities. Since they couldn't really kill all the judges in the federal courts without someone finding out, they instead passed another law to take away the right of people to file suits against Unconstitutional government action on the grounds that it's Unconstitutional, even though such a law is Unconstitutional. But the law says you can't challenge the law, so the law basically cast Level 5 Logical Circle of Protection around itself. Also, it helped that the Arab evildoers that we have rotting in a hole somewhere, who are often the only ones with legal grounds to challenge such laws, are not allowed to use lawyers, judges, or justice of any form at all, even if the Unconstitutional law that says that Unconstitutional laws can't be challenged for being Unconstitutional is Unconstitutional.

So basically any law that is Unconstitutional is usually thrown out within a few months of passage, followed by a dirty look from the judges at the other branches of government for trying to pull such a stupid stunt. This is true always, except when the President called permanent invincible safe-shield with anti-oversight laser and no take-backs. He then told all the kids on the playground that he tagged that they had to live in a cage for ten years and could never see their families or friends again. Sally came home in tears that day.

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