If the federal government writes a law which is unconstitutional, and someone does something unconstitutional which follows that law, is it their responsibility or strictly that of the government? Do people have to follow an unconstitutional law?
If a law gives the people a certain power (specifically power to patent an idea) but fails to make a provision preventing people from using this power in an unconstitutional manner, would people be responsible for this abuse of power, or is the law itself unconstitutional? Whose is the fault, the law which fails to uphold constitutional law, or the person/business which takes advantage of it? Or both?
The specific example is oil companies holding copyrights to alternative energy technology, but keeping it on the shelf and not allowing their use or development, even though the Constitution specifically allows the Congress to make laws providing patents/copyrights to promote the progress of useful arts and sciences.
2006-09-04
09:00:21
·
5 answers
·
asked by
Aleksandr
4
in
Law & Ethics