Originally posted by King Kandy
Just because you've 'thought about' whether things will be legal or not doesn't mean they actually will be found to be. Most politicians simply do not have the kind of knowledge of the constitution that judges have. If we had pre-analysis of all laws, they'd end up being carried to court and then they'd be wrong half the time anyway.Let me give you an example; the health care legislation passed recently. Republicans stonewalled the whole thing for months past where it would have been if it had simply been voted on. If it had to be determined legal before hand, they would have carried suit all the way to the supreme court and gummed the whole thing up for possibly years. Nothing would ever have gotten passed.
Republicans have the right to push their own agenda, just like everyone else does. They are after all, ''republicans'' not democrats. Their whole ideology is based around republic which utilises democracy, not democratic state which is ruling by majority.
Besides, USA is not a democracy, but a republic.
Therefore, it (should) have a clear stance, according to constitution what should be legal for vote and what not.
Even then, if constitution guarantees you the right to free speech, there is no point or sense in voting on it, then thinking about it after.
EDIT- After constitution has rectified a potential law to be in accordance with it, then it should be put to the vote. IF constitution isn't clear on it, then rectify it between judges.
It makes far more sense.