If by "they" you mean the police, then what else can they do? Politics are what they are. if cops start deciding which laws are "just" and which are "unconstitutional," things would be worse.
Also, in order to fight the law, someone has to suffer "damages" first -- being arrested, paying bail, paying for a lawyer, sitting in jail, losing their job, ... Luckily, courts have decided that the law can cause damages if it stops law-abiding citizens from doing whatever the law makes unlawful. That has been used as the necessary damage to have standing. The problem is proving you would have done something if not for the law -- hard to prove a hypothetical that never actually happened.
How many times have we seen them use the excuse, "That law doesn't need to be changed or repealed, because it's not being enforced anyway?"
Refusing to enforce a law not only risks the cops' employment, it also delays any chance of challenging it and getting it taken off the books.
I don't think Cops should be picking and choosing what laws to enforce, but they ought to have discretion over whether or not to arrest someone if the law is questionable.
At some point, some brilliant lawmaker needs to pass a law that the members of the Legislature will be fined $50K each if they pass a law that has not been reviewed and deemed constitutional. If the governor signs it, then he's zapped for $100K. Maybe that'll prevent the "let's pass it so it'll be on the books at least until a court shoots it down" tactic we see now.
And this is the problem. Look at the very extreme, holocaust. It was legal for the jews to be treated that way.
Nazi soldier at jew registration
"Im not killing them, im just registering them as required by law"
Nazi soldiers going door to door kicking jews out of their home
"Im not killing them, just taking their home per the law".
Nazi solder loading jews into train
"Im not killing them. Just a simple placing into the cars per the law".
Nazi soldier at camp receiving the cars
"Im not killing them, just opening the cars and telling them where to go.
Nazi soldier guarding the camp
"Im not killing anyone, just making sure no one can leave"
Nazi soldier escorting jews to the chambers
"Im not the one pushing the button"
Guy pushing the button
"Im just obeying the comadants orders"
Comadant
"Im just following orders and law"
Himler
"I passed laws and control the media and politicians so we can so all the above".
So lets apply this to the cops at the registration window. Or PTA window, any cop reaponding to someone not obeying the to and from law, ccw holder in a sensitive place, etc...
Sheriffs across the nation stated they wont enforce red flag laws. HPD silent. Even during testimony by the chief during the sensitive places hearing, he could say "we willl not enforce this law". He's a retired general and has a huge pension/retirement income. Im sure he doesnt need the money. So he's willingly choosing for his department to enforce.
Like u said, they obey to keep their job. This is the problem. Evil prevails when good men do nothing. "Following orders".
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