That's something I never understood (and admittedly never researched either). Isn't there something in the constitution about freedom of association?
Yes. However judges cannot preemptively strike down laws, even if they are blatantly unconstitutional. Someone with "standing" must bring a case, which typically(?) means that the law has been applied to them. So unconstitutional laws often stay on the books without being enforced, until either someone overreaches and tries to enforce them, or the legislature formally repeals them. I believe anti-miscegenation statues were on the books for decades in some states after the Supreme Court struck them down.
I just read about something like that recently, a couple being thrown into jail in the US in the 1960s, for the 'crime' of being married and of being different races.
Edit: My mistake, it was 1958, but they took legal action in the 1960s (Loving vs Virginia, 1967), and despite the Supreme Court's ruling, some states kept such laws on the books as late as 2000 (Alabama), which is actually probably what you were referring to.
The comment by the judge in 1958 is (almost) unbelievable:
Almighty God created the races white, black, yellow,
malay and red, and he placed them on separate
continents. The fact that he separated the races shows
that he did not intend for the races to mix.
Loving vs Virginia in 1967: https://en.m.wikipedia.org/wiki/Loving_v._Virginia
Yeah, I looked it up after I posted (probably should have done it the other way around), but thanks.
Y'know, in ancient Iceland there was a person called the "lawspeaker". His job was to memorize and recite the law -- all of it -- before the Althing twice a year. If he forgot any part of the law, it was no longer law.
I wish the federal government and every state had a lawspeaker -- for statute laws anyways.
Re:Legalize It All
by spacemanmatt on Monday March 21, 2016 @06:59PM
(#11332891)
That is a lot like the American system after you factor in wealth inequality, the cost of legal representation, and non-enforcement against the wealthy.
Re:Legalize It All
by redblacktree on Monday March 21, 2016 @07:30PM
(#11333093)
It's a US law (Washington State) that 13of40 cited.
Re:Legalize It All
by AnimalMuppet on Monday March 21, 2016 @07:20PM
(#11333020)
If the Communist Party were actively trying to overthrow the United States government, you might see it enforced...
It seems like governments are somewhat uniform in the laws they pass, but fundamentally fickle about which laws they choose to enforce. In my state, for example, it's a felony to be a member of a subversive organization...
http://app.leg.wa.gov/RCW/default.aspx?cite=9.81.030
...e.g., the Communist Party...
http://app.leg.wa.gov/RCW/default.aspx?cite=9.81.083
...but it would be unthinkable for them to actually prosecute anyone for it.