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Comment by zeveb | Hacker News Reader

> If the legislature passes a bill that's unconstitutional, then it's up to the judicial branch to rectify that.

I don't really agree with that, nor do I think does the Constitution. The legislature may not pass laws which are inconsistent with the Constitution; the executive may not execute actions which are inconsistent with the Constitution and the law; the judicial may not render decisions which are inconsistent with (firstly) the Constitution and (secondly) the law.

As a practical matter this means that the judicial branch often is reviewing the law, but it doesn't absolve the other two branches of obeying their oaths of office.

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And who decides that the legistlature passed "laws which are inconsistent with the Constitution"?

The legislators themselves, as per the oath taken by every legislator in North Carolina, as noted in the NC State Constitution: Article 6, section 7.[1]

Sec. 7. Oath.

Before entering upon the duties of an office, a person elected or appointed to the office shall take and subscribe the following oath:

"I, _______________, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as _______________, so help me God."

[1] https://www.ncleg.net/legislation/constitution/article6.html

There should be sanction for violating one's oath. Legislators that directly undermine by the democratic process by gerrymandering and other means should be removed from office.

Likewise, who decides if the judicial branch has rendered decisions which are inconsistent with the Constitution?

It's turtles all the way down: the legislature's laws are reviewed by judges or ignored by the executive; judges & members of the executive branch may be impeached by the legislature; ultimately the voters decide what they're willing to let their government get away with.

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