When the courts declare a law to be unconstitutional, it should actually be removed from the books.
It shouldn’t just be ignored.
If I understand correctly, the actual term is “unenforceable”, but it’s the same thing.
The courts will ignore it, and the executive is supposed to ignore it (though often they don’t), but it’s still considered to be law. It’s just … not enforced.
But it stays there, on the books, waiting.
And if the underlying constitutional situation changes, it comes back to life.
Never mind that over a hundred years may have gone by, a law put in place by generations long dead suddenly comes back to gnaw on the brains of the living.
That’s no way for a civilization to behave.
If a law is unconstitutional, it should be removed; the dead should not come back to rule the living.
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