Can a code, in the color of law, be enforced if it is not submissive to the Constitution??

Question

In other words can a Right be converted into a privilege by passing codes that are not specifically granted by the Constitution? If the government does this, what is your recourse? Do you have to obey it until it is overturned?

Answer 1

If somebody is charged with an offense that they feel to be unconstitutional then they can use this as a defense. The court will then rule on the constitutionality of the rule.

Unless the issue is obvious - this will be appealed.

Answer 2

I know this isn't the answer you want but that is a tough one to answer without specifics. Most rights not given to one of the three bodies specifically belong to the people or the several states anyway.

This is very basic but take for instance the right to (can't believe I am opening his can of worms) bear arms. Sure the constitution grant you the individual that right, but the congress with certain laws (codes) restrict what kinds of arms you can bear. You can't have a functioning tank. The state restricts who can bear arms, no felons or 15 year old, localities regulate where you can bear arms (not in say the courthouse) and how concealed or not.

Now on the other hand they can't get crazy. You have the right to vote. SO codes that say you must vote before 10am if you last name ends in A -F wouldn't be legal even if they served to ease the burden for the local election board.

Hope I helped